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