Saturday, April 22, 2006
ScOTUS reinstates Disabilities Act suit against the Nebraska Department of Health UNITED STATES v. NE DEPT. OF H&HS FIN. & SUPPORT (61335) Order dated: 04/17/06 Docket number: 05-777. Disabled individuals sued the Nebraska Department of Health and Human Services, alleging violations of their rights under federal law by denying them inhome medicaid services. They alleged the denied services made them likely to require instituionalization. The Eighth Circuit Court of Appeals dismissed the suit on eleventh amendment grounds. Bill M v. Nebraska Dept of Health, etal. The petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eighth Circuit for further consideration in light of United States v. Georgia, 546 U.S. ___ (2006).
Posted by stan_sipple at 5:43 PM