United States Tenth Circuit

In a 42 U.S.C. section 1983 action claiming that defendants violated plaintiff's rights under the Medicaid Act and denied him due process by rejecting his application on the basis of unwritten, unascertainable standards, summary judgment for defendants is affirmed, where 1) the statutory provisions upon which plaintiff relied did not confer private rights enforceable under section 1983; and 2) defendants did not violate plaintiff's right to due process, but simply applied a -sole benefit- standard to the particular facts of his case.

Appellate Information

• Decided 09/01/2009
• Published 09/01/2009

Judges

• LUCERO, Circuit Judge., Before HENRY, Chief Judge, BRISCOE, and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Duff Westbrook (Maureen A. Sanders with him on the briefs), Sanders & Westbrook, P.C., Albuquerque, NM, for Plaintiff-Appellant.


• For Appellees:
  
• Paul R. Ritzma, General Counsel/Special Assistant Attorney General (Mark Dawson Jarmie and Mark Standridge, Mark D. Jarmie LLC, with him on the briefs), New Mexico Human Services Department, Santa Fe, NM, for Defendants-Appellees.