United States Ninth Circuit

Developmentally disabled recipients of Medicaid funds and their service providers do not have a private right of action against state officials to compel the enforcement of a federal law governing state disbursement of such funds.

Appellate Information

• Argued 12/08/2004
• Decided 08/02/2005
• Published 08/02/2005

Judges

• O'SCANNLAIN, Circuit Judge:, Before:  O'SCANNLAIN, COWEN, and BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Thomas K. Gilhool, The Public Interest Law Center of Philadelphia, Philadelphia, PA, argued the cause for the appellants.   Michael Churchill, Judith A. Gran, and James Eiseman, Jr., of The Public Interest Law Center of Philadelphia, and Arlene Mayerson and Larisa M. Cummings, of the Disability Rights Education & Defense Fund, Berkeley, CA, were on the briefs.


• For Appellees:
  
• Susan M. Carson, Deputy Attorney General, State of California, argued the cause for the appellee.  Bill Lockyer, Attorney General, Teresa Stinson, Supervising Deputy Attorney General, and Elizabeth Edwards, Deputy Attorney General, State of California, and Henry S. Hewitt, Todd Boley, and Clarisa R. Canady, of Erickson, Beasley, Hewitt & Wilson LLP, Oakland, CA, were on the briefs.