United States Fourth Circuit

District court's decision granting preliminary injunction and class certification to plaintiffs, North Carolina residents who lost access to in-home personal care services due to a statutory change that imposed stricter eligibility requirements, is remanded where the district court: 1) properly granted plaintiffs' motion for a preliminary injunction based on plaintiffs' likelihood of success on their the American with Disabilities Act, Rehabilitation Act and Social Security Act claims; but 2) erred in determining that the plaintiffs were likely to succeed on the merits of their due process claim; and 3) failed to comply with the requirements of Federal Rule of Procedure 65, so on remand, must clarify its order and address the issue of security.

Appellate Information

• Decided 03/05/2013
• Published 03/05/2013

Judges

• FLOYD

Court

• United States Fourth Circuit

Counsel