United States First Circuit

In a suit against the Secretary of Puerto Rico's Department of Health under 42 U.S.C. section 1983 for failure to make required "wraparound" payments, the district court's orders vacating the preliminary injunction, entering final judgment, and issuing permanent injunctive relief in favor of defendant are reversed and the case is remanded where: 1) district court's conclusion that defendant's actions of setting up an office for making wraparound payments was sufficient for compliance under section 1396a(bb)(5) was a legal error; 2) plaintiffs' continuing claims for injunctive relief with regard to the payment methodology were not barred by the Eleventh Amendment; and 3) the district court erred in issuing a permanent injunction because plaintiffs' claims clearly were not moot, plaintiffs could seek further relief under the statute, and the court did not resolve defendant's dispute about the methodology.

Appellate Information

• Decided 12/15/2008
• Published 12/15/2008

Judges

Court

• United States First Circuit

Counsel