Whether an administrative regulation may establish a federal right enforceable under 42 U.S.C. § 1983

QUESTION PRESENTED : Petitioner Leonard Thurman filed suit against Respondent Medical Transportation Management, Inc. for failure to provide transportation, which is guaranteed by regulation, under 42 C.F.R. § 431.53 ASSURANCE OF TRANSPORTATION. _ In its opinion below, the US. Court of Appeals for the Fifth Circuit and District . Court stated that definitive guidance is lacking from the United States Supreme Court as to whether an administrative regulation may establish a federal right i enforceable under 42 U.S.C. § 1983. The District Court order dismissing the case ~~ stated that “federal courts are divided as to whether a federal regulation can create | . a federal right.” (App.14a) The Fifth Circuit described the lack of clarity on this issue,: stating (“[Ilt is not clear that regulations can be considered ‘laws’ for purposes of creating a right actionable under section 1983.”) Citing Wright v. Roanoke Redev. & Hous. Auth. 479 U.S. 418, ‘437-39 (1987) (O’Connor, J., dissenting). The Fifth Circuit also acknowledged a circuit split between the Sixth Circuit and several sister circuits. (App.6a, . 7a). THE QUESTION PRESENTED Is: ; Whether an administrative regulation may establish a federal right enforceable _ : under 42 U.S.C. § 1983. . LIST OF PROCEEDINGS BELOW ; United States Court of Appeals for the Fifth Circuit No. 19-60596 Leonard Thurman v. Medical Transportation Management, Incorporated . Date of Final Order: January 22, 2021 . US. District Court Southern District of Mississippi (Northern (Jackson)) No. 3:18-cv-00282 ; Leonard Thurman v. Medical Transportation Management, Incorporated Date of Final Judgment: June 18, 2019 ii .