Brown Ex Rel. Brown v. Day

555 F.3d 882 (2009)

Dena K. BROWN, by her brother and next friend, Donald C. BROWN, Plaintiff-Appellant,

v.

Robert M. DAY, in his official capacity as Director, Kansas Division of Health Policy and Finance, Defendant-Appellee.

No. 06-3387.

United States Court of Appeals, Tenth Circuit.

January 13, 2009.

Molly M. Wood, Stevens & Brand, L.L.P., Lawrence, KS, for the Plaintiff-Appellant.

Reid Stacey, Kansas Health Policy Authority, Topeka, KS, for the Defendant-Appellee.

Before HENRY, Chief Judge, EBEL and TYMKOVICH, Circuit Judges.

EBEL, Circuit Judge.

Plaintiff-Appellant Dena Brown sued…