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JENNINGS v. ALEXANDER

No. 80-2043-NE-CV.

518 F.Supp. 877 (1981)

Rosier JENNINGS, by his next friend, Kathleen Jennings; Hershel Choate; Wilma Ann Hyder; Clyde Vaughn, by his next friend, Edath Vaughn; Paul Ramone Parsons, by his next friend, Lou Ann Brady; Rebecca West, by her next friend, Paulette West; Michelle Ogle, by her next friend, Linda Sue Ogle; Eldon Kerr; Stella Harris; Sadie I. Owens; Margaret Betty and Charles Baldwin, on their own behalves and as next friend for Mary and Charles Baldwin; and Carrie Clemmons v. Lamar ALEXANDER, in his official capacity as Governor of the State of Tennessee; Eugene Fowinkle, individually and in his official capacity as Commissioner of the Department of Public Health; Ben Crim, individually and in his official capacity as Assistant Commissioner of the Department of Public Health; and Carolyn Hale, in her official capacity as Director of Cumberland County Department of Human Services.

United States District Court, M. D. Tennessee, Northeastern Division.

June 17, 1981.

Attorney(s) appearing for the Case

James J. Barrett, III, Legal Services, Cookeville, Tenn., Gordon Bonnyman, Legal Services of Middle Tenn., Inc., Nashville, Tenn., William Bush, Southeast Tenn. Legal Services, Chattanooga, Tenn., Susan Clasbey, South Central Tenn. Legal Services, Columbia, Tenn., for plaintiffs.

Frank Scanlon, Asst. Atty. Gen. for the State of Tenn., Nashville, Tenn., C. Hayes Cooney, Nashville, Tenn., for defendant.

MEMORANDUM

MORTON, Chief Judge.

The plaintiffs in this case, all recipients of Medicaid benefits in Tennessee, seek to permanently enjoin the state's proposed reduction in Medicaid coverage for inpatient hospital care from the current limit of 20 days per year to a proposed maximum of 14 days per year. Although the complaint originally challenged a comprehensive array of proposed changes, and as recently as the March 13, 1981, bench trial also challenged...

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