Law Firm Planner - Legal News - Supreme Court rules for nursing home patient’s family
Law Firm News
Today's Date: Bookmark This Website
Supreme Court rules for nursing home patient’s family
Headline News | 2023/06/28 10:22
The Supreme Court on Thursday ruled for the family of a nursing home resident with dementia that had sued over his care, declining to use the case to broadly limit the right to sue government workers.

The man’s family went to court alleging that he was given drugs to keep him easier to manage in violation of his rights. The justices had been asked to use his case to limit the ability of people to use a federal law to sue for civil rights violations. That outcome could have left tens of millions of people participating in federal programs, including Medicare and Medicaid, without an avenue to go to court to enforce their rights.

The Supreme Court has previously said that a section of federal law — “Section 1983” — broadly gives people the right to sue state and local governments when their employees violate rights created by any federal statute.

The court by a 7-2 vote reiterated that Thursday, with Justice Ketanji Brown Jackson writing that Section 1983 “can presumptively be used to enforce unambiguously conferred federal individual rights.” Both liberal and conservative justices joined her majority opinion while conservative Justices Clarence Thomas and Samuel Alito dissented.

The court had been asked to say that when Congress creates a federal spending program — giving states money to provide services such as Medicare and Medicaid — they shouldn’t face lawsuits from individuals under Section 1983. The court rejected that invitation.

The specific case the justices heard involves the interaction of Section 1983 and the Federal Nursing Home Reform Act, a 1987 law that outlines requirements for nursing homes that accept federal Medicare and Medicaid funds. The court was being asked to answer whether a person can use Section 1983 to go to court with claims their rights under the nursing home act are violated. The answer is yes, the court said.


[PREV] [1] ..[137][138][139][140][141][142][143][144][145].. [2875] [NEXT]
All
Law Firm News
Headline News
Law Center
Court Watch
Legal Interview
Topics
Lawyer News
Legal Focuses
Opinions
Marketing
Politics
Firm News
Amazon workers strike at mul..
TikTok asks Supreme Court to..
South Korean leaders seek ca..
Supreme Court rejects Wiscon..
US inflation ticked up last ..
Court seems reluctant to blo..
Court will hear arguments ov..
Romanian court orders a reco..
Court backs Texas over razor..
New Hampshire courts hear 2 ..
PA high court orders countie..
Tight US House races in Cali..
North Carolina Attorney Gene..
Republicans take Senate majo..
What to know about the unpre..


   Lawyer & Law Firm List
Indianapolis Personal Injury Law Firm
Indiana, IN Personal Injury Attorneys
www.williamspiatt.com
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
Chicago Truck Drivers Lawyer
Chicago Workers' Comp Attorneys
www.krol-law.com
New York Adoption Lawyers
New York Foster Care Lawyers
Adoption Pre-Certification
www.lawrsm.com
 
 
© Law Firm Planner. All rights reserved. - Legal News and Articles on Recent US Legal Developments.

The content contained on the web site has been prepared by Law Firm Planner Media as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. Legal Blog postings and hosted comments are available for general educational purposes only and should not be used to assess a specific legal situation. Affordable Law Firm Website Design by Law Promo