United States Tenth Circuit

In a 42 U.S.C. section 1983 case alleging that defendant-director's decision terminating her Medicaid benefits, which purported to execute newly enacted Kansas law, violated federal Medicaid statutes and regulations, dismissal of the action pursuant to the Younger abstention doctrine is reversed where abstaining in this case would extend the Younger doctrine to remedial cases, in contravention of Congress's intent in enacting section 1983 and of Supreme Court precedent.

Appellate Information

• Decided 01/13/2009
• Published 01/14/2009

Judges

• EBEL, Circuit Judge., Before HENRY, Chief Judge, EBEL and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Molly M. Wood, Stevens & Brand, L.L.P., Lawrence, KS, for the Plaintiff-Appellant.


• For Appellees:
  
• Reid Stacey, Kansas Health Policy Authority, Topeka, KS, for the Defendant-Appellee.