News - Supreme Court rules for nursing home patient’s family
Legal Marketing News
Bookmark This Site
Supreme Court rules for nursing home patient’s family
Court News | 2023/06/28 11:27
The Supreme Court on Thursday ruled for the family of a nursing home resident with dementia that had sued over his care, declining to use the case to broadly limit the right to sue government workers.

The man’s family went to court alleging that he was given drugs to keep him easier to manage in violation of his rights. The justices had been asked to use his case to limit the ability of people to use a federal law to sue for civil rights violations. That outcome could have left tens of millions of people participating in federal programs, including Medicare and Medicaid, without an avenue to go to court to enforce their rights.

The Supreme Court has previously said that a section of federal law — “Section 1983” — broadly gives people the right to sue state and local governments when their employees violate rights created by any federal statute.

The court by a 7-2 vote reiterated that Thursday, with Justice Ketanji Brown Jackson writing that Section 1983 “can presumptively be used to enforce unambiguously conferred federal individual rights.” Both liberal and conservative justices joined her majority opinion while conservative Justices Clarence Thomas and Samuel Alito dissented.

The court had been asked to say that when Congress creates a federal spending program — giving states money to provide services such as Medicare and Medicaid — they shouldn’t face lawsuits from individuals under Section 1983. The court rejected that invitation.

The specific case the justices heard involves the interaction of Section 1983 and the Federal Nursing Home Reform Act, a 1987 law that outlines requirements for nursing homes that accept federal Medicare and Medicaid funds. The court was being asked to answer whether a person can use Section 1983 to go to court with claims their rights under the nursing home act are violated. The answer is yes, the court said.


[PREV] [1] ..[140][141][142][143][144][145][146][147][148].. [2365] [NEXT]
All
Legal News
Law Firm News
Court News
U.S. Court News
Legal Line News
Legal News Feed
Law Firm Press
Legal Opinions
Amazon workers strike at multiple faci..
TikTok asks Supreme Court to temporari..
Supreme Court rejects Wisconsin parent..
US inflation ticked up last month as s..
Court seems reluctant to block state b..
Harvey Weinstein hospitalized after ‘..
Romanian court orders a recount of pre..
Judge blocks Louisiana law requiring t..
PA high court orders counties not to c..
Court overturns actor Jussie Smollett'..
Tight US House races in California as ..
North Carolina Attorney General Josh S..
High court won’t review Kari Lake’s ..
What to know about the unprecedented f..
A man who threatened to kill Democrati..


   Law Firm Networks
San Francisco Trademark Lawyer
San Francisco Copyright Lawyer
www.onulawfirm.com
Eugene Criminal Defense Attorneys
Eugene DUI Lawyer. Oregon Criminal Defense
www.mjmlawoffice.com
New York Adoption Lawyers
New Jersey Adoption Attorneys
New York Foster Care Lawyers
www.lawrsm.com

Law Firm News Updates
Legal News Updates
Click The Law News
Daily Legal News
Legal News Voice
Recent Legal News
 
 
©Legal Marketing News. All rights reserved.

The content contained on the web site has been prepared by Legal Marketing News as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. Legal Blog postings and hosted comments are available for general educational purposes only and should not be used to assess a specific legal situation. Also this site may contain legal advice, legal opinions, and statements of various legal information providers. The Content contained on the site has been prepared by Legal Marketing News as a service to its readers and is not intended to constitute legal or professional advice, which is always fact specific. Criminal Law Firm Website Design