Legal Opinion

Personal Care Products, Inc. v. Albert Hawk

Court of Appeals for the Fifth Circuit

Decided March 4, 2011No. 09-50995PublishedCited by 27 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Personal Care Products, Inc. (PCP) furnishes incontinence supplies to Medicaid recipients in twelve states, including Texas. In the course of a Medicaid fraud investigation, the Texas Health and Human Services Commission withheld reimbursements from PCP. PCP filed suit against state officers, alleging civil rights violations under 42 U.S.C. § 1983 and seeking damages and injunctive relief. The district court dismissed all claims, primarily on the grounds that PCP lacked a protected property interest in Medicaid payments withheld pending a fraud…

2Cases cited5 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  3. Harrington v. State Farm Fire & Casualty Co.Court of Appeals for the Fifth Circuit · 2009
  4. Merrill Benton v. United States of America and the United States Postal ServiceCourt of Appeals for the Fifth Circuit · 1992
  5. Rehabilitation Ass'n of Virginia, Inc. v. KozlowskiCourt of Appeals for the Fourth Circuit · 1994

3Cited by27 opinions

  1. Sahara Health Care, Inc. v. Alex Azar, II, SecretaCourt of Appeals for the Fifth Circuit · 2020
  2. Zille Shah v. Alex Azar, Secretary, HHSCourt of Appeals for the Fifth Circuit · 2019
  3. Village Villa v. Kansas Health Policy AuthoritySupreme Court of Kansas · 2013
  4. Sahara Health Care, Inc. v. AzarDistrict Court, S.D. Texas · 2018
  5. Aba, Inc. v. District of ColumbiaDistrict Court, District of Columbia · 2014

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