United States Tenth Circuit

The Eleventh Amendment does not bar a state Medicaid beneficiary's injunctive relief entitling him to a share of tobacco settlement funds that are to be paid to the state, though 42 USC 1396b(d)(3)(B)(ii) precludes such relief.

Appellate Information

• Decided 09/10/2001
• Published 09/10/2001

Judges

• EBEL, Circuit Judge., Before EBEL, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and OWEN, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• William E. Zimsky of Abadie & Zimsky, Durango, CO, for Plaintiff-Appellant., Patricia A. Madrid, Attorney General, Santa Fe, NM;  John H. Clough, Assistant Attorney General, Albuquerque, NM, filed a brief for Amici Curiae.


• For Appellees:
  
• Andrew Patrick McCallin, Assistant Attorney General (Ken Salazar, Attorney General and Jan Michael Zavislan, Assistant Attorney General, with him on the brief), Denver, CO, for Defendants-Appellees.