Brown Ex Rel. Brown v. Day

EBEL, Circuit Judge.

Plaintiff-Appellant Dena Brown sued Defendant-Appellee Robert Day, the Director of Kansas’s Division of Health Policy and Finance (“HPF”),1 in federal court pursuant to 42 U.S.C. § 1983, after Day issued a Final Order terminating Brown’s Medicaid benefits. Brown alleged that Day’s decision, which purported to execute newly enacted Kansas law, violates federal Medicaid statutes and regulations. The federal district court initially granted Brown’s motion for a preliminary injunction, holding that HPF had acted arbitrarily and capriciously in terminating Brown’s benefits.…