DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
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211826P.pdf   12/09/2022  Ginger Elder  v.  Cindy Gillespie
   U.S. Court of Appeals Case No:  21-1826
   U.S. District Court for the Eastern District of Arkansas - Northern   
[PUBLISHED] [Smith, Author, with Wollman and Erickson, Circuit Judges] Civil case - Civil rights. Plaintiffs, recipients of Medicaid benefits, had their benefits terminated or reduced after the state implemented a new assessment tool for determining the appropriate level of benefits for recipients, and they brought this action alleging lack of notice and denial of due process. Held: (1) the suit is not barred by the doctrine of sovereign immunity; (2) plaintiffs had standing to bring the action as there is no guarantee that the conduct that led to benefits interruption will not occur again; (3) plaintiffs have a clearly established right to be provided adequate notice of reduction, loss, or termination of benefits; and (4) the defendants had direct involvement in the formation, implementation and enforcement of the alleged policies and process, and they were not entitled to qualified immunity.