Sanchez

ORDER GRANTING DEFENDANTS’ MOTION FOR RECONSIDERATION OF RIGHT OF ACTION UNDER SECTION 1983

Defendants move for reconsideration of the Court’s denial of their motion for partial judgment on the pleadings. Plaintiffs oppose this motion. The matter was submitted on the papers. Having considered all of the papers filed by the parties, the Court GRANTS Defendants’ motion. (Docket no. 497.)

BACKGROUND

Plaintiffs, consisting of a class of individuals with developmental disabilities and several organizations, have sued State officials responsible for the administration of programs for individuals with developmental disabilities. The only remaining claim of Plaintiffs’ complaint alleges that Defendants violated Title XIX of the Social Security Act, 42 U.S.C. § 1396a(a)(30)(A), (§ 30(A)) by failing to fund adequately community care facilities for developmentally disabled individuals. On August 10, 2001, Defendants moved for partial judgment on the pleadings on Plaintiffs’ § 30(A) claim. (Docket no. 116.) The issue was whether Plaintiffs could bring suit under 42 U.S.C. § 1983 to challenge the State’s implementation of the “efficiency, economy, and quality of care” provision of § 30(A).…