DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
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.