M.H.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS SEP 6 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

M.H.; T.B., No. 23-35485

Plaintiffs-Appellees, D.C. No. 1:22-cv-00409-REP

v.

MEMORANDUM*

MAGNI HAMSO, in her official capacity as the Medical Director of the Idaho Division of Medicaid and individually,

Defendant-Appellant,

and

DAVE JEPPESEN, in his official capacity as the Director of the Idaho Department of Health and Welfare; IDAHO

DEPARTMENT OF HEALTH AND

WELFARE,

Defendants.

Appeal from the United States District Court for the District of Idaho Raymond Edward Patricco, Jr., Magistrate Judge, Presiding

Argued and Submitted August 19, 2024 Seattle, Washington

Before: HAWKINS, McKEOWN, and DE ALBA, Circuit Judges.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Dr. Magni Hamso brings an interlocutory challenge to an order denying her

Rule 12(b)(6) motion to dismiss Plaintiffs-Appellees’ (“Plaintiffs”) 42 U.S.C.

§ 1983 Fourteenth Amendment Equal Protection and…