United States Fourth Circuit

In claims for inadequacy of dental care under the Medicaid Act, North Carolina state officials were not entitled to Eleventh Amendment immunity under Ex Parte Young, 209 U.S. 123 (1908), where injunctive relief was prospective, federal law violations were ongoing, and acts challenged were not discretionary.

Appellate Information

• Argued 02/26/2002
• Decided 05/09/2002
• Published 05/09/2002

Judges

• Before NIEMEYER and HAMILTON, Circuit Judges, and JACKSON, United States District Judge for the Eastern District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Ronald Moore Marquette, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellants.  Martha Jane Perkins, National Health Law Program, Chapel Hill, North Carolina, for Appellees.  Alisa Beth Klein, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Amicus Curiae.   ON BRIEF:  Roy Cooper, North Carolina Attorney General, Robert J. Blum, Special Deputy Attorney General, Emery E. Milliken, Assistant Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellants.  Reid C. Adams, Jr., Womble, Carlyle, Sandridge & Rice, Winston-Salem, North Carolina;  Garth Gersten, Womble, Carlyle, Sandridge & Rice, Research Triangle Park, North Carolina;  Carlene McNulty, North Carolina Justice & Community Development Center, Raleigh, North Carolina, for Appellees.  Robert D. McCallum, Jr., Assistant Attorney General, John Stuart Bruce, United States Attorney, Mark B. Stern, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Amicus Curiae.