Legal Opinion
Dultz v. Velez
District Court, D. New Jersey
Decided March 30, 2010No. Civil Action 09-1049 (FLW)PublishedCited by 5 opinions
1Opinion of the Court
Opinion
WOLFSON, District Judge:
Presently before the Court is Defendants’ Motion to Dismiss Plaintiffs’ Complaint for injunctive and declaratory relief against the New Jersey Department of Human Services and Division of Medical Assistance and Health Services pursuant to 42 U.S.C. § 1983 (“section 1983”) and the Supremacy Clause of the U.S. Constitution. Defendants argue that Plaintiffs have no enforceable right under section 1983 and, in any event, this court should abstain under the Younger abstention doctrine. For the following reasons, Defendants’ motion to dismiss is denied.
I. BACKGROUND
Pla…
2Cases cited25 opinions
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- Gonzaga University v. DoeSupreme Court of the United States · 2002
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3Cited by5 opinions
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