United States Court of Appeals For the Eighth Circuit
No. 05-3587
Appeal from the United States District Court for the Western District of Missouri
Susan Lavon Lankford; Rachel Ely; Joseph Everett, by next friend, Jan Everett; Donald Eugene Brown; Laura Lee Greathouse; Kimberly Vogelpohl; Adam Daniel Thomason, Appellants,
The National Council on Independent Living; The United States Society for Augmentative and Alternative Communication; The American
Language-Hearing Association; The National Disability Rights Network, Amici on Behalf of Appellants,
v.
Gary Sherman, in his official capacity as Director of the Missouri Department of Social Services, Appellee.
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Submitted: April 17, 2006
Filed: June 22, 2006
Before WOLLMAN, BEAM, and BENTON, Circuit Judges.
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BENTON, Circuit Judge.
Plaintiffs – disabled adult Medicaid recipients – seek a preliminary injunction prohibiting Missouri’s Director of Social Services from enforcing a state regulation curtailing the provision of durable medical equipment (“DME”) to most categoricallyneedy Medicaid recipients. See Mo. Code Regs. Ann. tit. 13, § 70-60.010 (2005). Invoking 42 U.S.C. § 1983 and the Supremacy Clause, U.S. Const. Art. VI, cl. 2, they allege that the regulation violates Medicaid’s comparability and reasonable-standards requirements. See 42 U.S.C. §§ 1396a(a)(10)(B), (a)(17). The district court denied a preliminary injunction, finding the regulation consistent with the Medicaid Act. Plaintiffs appeal. Having jurisdiction under 28 U.S.C. § 1292(a)(1), this court vacates the order of the district court, and remands for further proceedings.
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