No. 23-480

Richard Stogsdill, et al. v. South Carolina Department of Health and Human Services

Lower Court: Fourth Circuit
Docketed: 2023-11-07
Status: Denied
Type: Paid
Tags: americans-with-disabilities-act due-process fundamental-alteration medicaid-act olmstead-v-l-c-by-zimring olmstead-v-lc rehabilitation-act section-1983
Key Terms:
SocialSecurity ERISA DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2024-01-05
Question Presented (AI Summary)

Whether the lower court's orders dismissing claims alleging violations of the Americans with Disabilities Act and the Rehabilitation Act conflict with Olmstead v. L. C. by Zimring and decisions of other circuits

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the lower court’s orders dismissing claims alleging violations of the Americans with Disabilities Act and the Rehabilitation Act conflict with Olmstead v. L. C. by Zimring and decisions of other circuits because the courts (1) disregarded evidence of the resources of the state and (2) failed to properly shift the burden to DHHS to prove that the modifications Petitioners requested would cause a fundamental alteration in the state’s system. 2. Whether Respondent’s voluntary conduct or orders of the state court of appeals and DHH9’ rulings mooted or precluded Petitioners’ federal claims for violations of (1) constitutional and statutory due process rights and (2) provisions of the Medicaid Act alleged in the second amended complaint that are enforceable under Section 1983.

Docket Entries

2024-01-08
Petition DENIED.
2023-12-20
DISTRIBUTED for Conference of 1/5/2024.
2023-11-03
2023-08-24
Application (23A166) granted by The Chief Justice extending the time to file until November 3, 2023.
2023-08-21
Application (23A166) to extend the time to file a petition for a writ of certiorari from September 4, 2023 to November 3, 2023, submitted to The Chief Justice.

Attorneys

Richard Stogsdill, et al.
Patricia L. HarrisonPatricia L. Harrison, Attorney at Law, Petitioner
Patricia L. HarrisonPatricia L. Harrison, Attorney at Law, Petitioner