Beverly K. Barton v. Paul G. Summers, Harshell C. Downs, Jr. Kathleen D. Downs v. Commonwealth of Kentucky

OPINION

BOGGS, Circuit Judge.

Plaintiffs-appellants, Medicaid recipients with tobacco-related illnesses, appeal the dismissal of their actions seeking injunctions against two states, Kentucky and Tennessee (the States). Plaintiffs seek to intercept tobacco settlement money due to the States under the Master Settlement Agreement between a number of settling states and tobacco manufacturers. We affirm the dismissal of Plaintiffs’ claims, because actions seeking money damages from a state contravene the Eleventh Amendment of the United States Constitution. We also hold that Plaintiffs’ suits fail…