Mertz Ex Rel. Mertz v. Houstoun

MEMORANDUM

WALDMAN, District Judge.

I.Introduction

Plaintiff has asserted claims for declaratory and injunctive relief pursuant to 42 U.S.C. § 1983. She alleges that defendant has violated Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., in determining her eligibility for Medicaid benefits. Plaintiff asserts federal question jurisdiction pursuant to 28 U.S.C. § 1331.

Plaintiff seeks a declaration that defendant’s decision that plaintiff is ineligible for Medicaid until January 1, 2002 because of her husband’s purchase of annuities with joint assets in November 1999 is “illegal,…