In a 42 U.S.C. section 1983 action claiming that defendants violated plaintiff's rights under the Medicaid Act and denied him due process by rejecting his application on the basis of unwritten, unascertainable standards, summary judgment for defendants is affirmed where: 1) the statutory provisions upon which plaintiff relied did not confer private rights enforceable under section 1983; and 2) defendants did not violate plaintiff's right to due process, but simply applied a "sole benefit" standard to the particular facts of his case.
Argued: June 2, 2009
Decided: September 1, 2009
Opinion by Judge Lucero
Paul R. Ritzma, General Counsel/Special Assistant Attorney General, Santa Fe, NM
Mark Dawson Jarmie, Mark D. Jarmie LLC, Santa Fe, NM