FRAZAR v. HAWKINS

Nos. 00-41112, 01-40667.

376 F.3d 444 (2004)

Jeneva FRAZAR, Etc. et al., Plaintiffs, Linda Frew, as next friend of her minor child Carla Frew; Maria Ayala, as next friend of her minor children, Christopher Arizola, Leonard Jimenez and Joseph Veliz; Mary Fisher, as next friend of her minor child, Tyrone T. Edwards; Mary Jane Garza, as next friend of her minor children, Hilary Garza and Sarah Renea Garza, Plaintiffs-Appellees, v. Albert HAWKINS, Etc., et al., Albert Hawkins, Commissioner of the Texas Health and Human Services Commission in his official capacity; Linda Wertz, Texas State Medicaid Director; Bridgett Cook, employee of Texas Department of Health in official capacity; Susan Penfield, M.D., employee of the Texas Department of Health in official capacity; Eduardo Sanchez, M.D., Texas Commissioner of Health, Defendants-Appellants. Jeneva Frazar, Etc. et al., Plaintiffs, Linda Frew, as next friend of her minor child Carla Frew; Carla Frew; Maria Ayala, as next friend of her minor children, Christopher Arizola, Leonard Jimenez and Joseph Veliz; Mary Fisher, as next friend of her minor child, Tyrone T. Edwards; Mary Jane Garza, as next friend of her minor children, Hilary Garza and Sarah Renea Garza, Charlotte Garvin, as next friend of her minor children Johnny Martinez, Brooklyn Garvin and BreAnna Garvin; Shannon Garcia, as next friend of her minor children Andrew Garcia, Marisha Garcia, Stephen Sanchez and Allison Sanchez, Plaintiffs-Appellees, v. Richard Ladd, Etc., et al., Linda Wertz, Texas State Medicaid Director; Bridgett Cook, employee of Texas Department of Health in official capacity; Susan Penfield, M.D., employee of the Texas Department of Health in official capacity; Albert Hawkins, Commissioner of the Texas Health and Human Services; Eduardo Sanchez, M.D., Texas Commissioner of Health, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 2, 2004.


Attorney(s) appearing for the Case

Alisa Beth Klein, Mark Bernard Stern, U.S. Dept. of Justice, Civ. Div.-App. Staff, Washington, DC, for U.S., Amicus Curiae.

Susan F. Zinn (argued), San Antonio, TX, Edward B. Cloutman, III, Law Offices of Ed Cloutman, Dallas, TX, Jane K. Swanson, The Woodlands, TX, for Plaintiffs-Appellees.

Matthew F. Stowe (argued), Austin, TX, for Defendants-Appellants.

Before REAVLEY, SMITH and DENNIS, Circuit Judges.


REAVLEY, Circuit Judge:

We address these interlocutory appeals for a second time. For background, we refer the reader to the district court opinion,1 our first panel decision,2 and the Supreme Court's decision.3

In Frew I, we considered two consolidated appeals brought by the State defendants (the State). In appeal No. 01...

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