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United States First Circuit


ROSIE D. v. SWIFT, 02-1604

The Eleventh Amendment does not bar a class action against Massachusetts officials for prospective injunctive relief, arguing that the federal Medicaid Act requires Massachusetts to provide home-based mental health services to Medicaid-eligible children.

Appellate Information

  • Decided 11/07/2002
  • Published 11/07/2002

Judges

  • SELYA, Circuit Judge., Before SELYA, Circuit Judge, COFFIN and B. FLETCHER, Senior Circuit Judges.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Deirdre Roney, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, was on brief, for appellants., Steven A. Hitov and Victoria Pulos on brief for National Health Law Program, National Alliance for the Mentally Ill, National Mental Health Ass'n, National Ass'n of Protection and Advocacy Systems, Mass. Law Reform Institute, Western Mass. Legal Services, and the Judge David L. Bazelon Center for Mental Health Law, amici curiae.

  • For Appellees:
  • Steven J. Schwartz, with whom Cathy E. Costanzo, Center for Public Representation, James C. Burling, Sara J. Shanahan, John S. Rhee, Hale and Dorr, LLP, Frank Laski, and Mental Health Legal Advisors were on brief, for appellees.
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