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MORRIS v. OKLAHOMA DEPT. OF HUMAN SERVICES

No. CIV-09-1357-C.

758 F.Supp.2d 1212 (2010)

(1) Leroy MORRIS and (2) Glenda Morris, Plaintiffs, v. (1) OKLAHOMA DEPARTMENT OF HUMAN SERVICES, State of Oklahoma, ex rel., Howard H. Hendrick, Director of Oklahoma Department of Human Services; (2) Oklahoma Health Care Authority, State of Oklahoma, ex rel., Mike Fogarty, Director of Oklahoma Health Care Authority, Defendants.

United States District Court, W.D. Oklahoma.

September 24, 2010.

Attorney(s) appearing for the Case

Dalen D. McVay , Katresa J. Riffel , Craig Riffel , Mitchel Gaston Riffel & Riffel-Enid, Enid, OK, Michael W. Mitchel , Mitchel Gaston & Mitchel, Woodward, OK, for Plaintiffs.

Lynn S. Rambo-Jones , Travis C. Smith , Christopher J. Bergin , Oklahoma Dept of Human Services, Oklahoma City, OK, for Defendants.

MEMORANDUM OPINION AND ORDER

ROBIN J. CAUTHRON, District Judge.

Defendant Oklahoma Department of Human Services ("DHS") denied Plaintiff Mrs. Morris Medicaid benefits after it determined that her financial resources exceed the eligibility requirement. Plaintiffs Mr. and Mrs. Morris filed the present suit under 42 U.S.C. § 1983 seeking declaratory and injunctive relief that DHS's denial of benefits was wrongful and is preempted by federal law...

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