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153271P.pdf   08/16/2017  Planned Parenthood of AR, etc.  v.  Cindy Gillespie
   U.S. Court of Appeals Case No:  15-3271
                          and No:  16-4068
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
[PUBLISHED] [Colloton, Author, with Melloy and Shepherd, Circuit Judges] Civil case - Civil rights. The Medicaid "free-choice-of-provider" provision, 42 U.S.C. Sec. 1396a(a)(23)(A), does not give the Jane Does or the class of Medicaid beneficiaries an enforceable federal right that supports a cause of action under 42 U.S.C. Sec. 1983; the district court erred, therefore, in enjoining the Arkansas Department of Human Services from terminating its Medicaid provider agreements with Planned Parenthood of Arkansas and Eastern Oklahoma as the plaintiff do not have a likelihood of success on the merits of their claims. Judge Shepherd, concurring. Judge Melloy, dissenting.