Evelyn v. v. Kings County Hospital Center

MEMORANDUM and ORDER

RAGGI, District Judge:

Kings County Hospital Center, its director Bernard Rose, the New York City Health and Hospitals Corporation, its Board of Directors, and the President of its Board, J. Emilio Carrillo, (referred to collectively herein as “the City defendants”), move to dismiss that portion of plaintiffs’ proposed class action brought under 42 U.S.C. § 1983 (1988), for violations of Title XIX of the Social Security Act, more commonly referred to as Medicaid. 42 U.S.C. § 1396 et seq. (1988 & Supp. Ill 1991). 1 The Commissioner of the New York State Department of Social…