Law Firm News
Today's Date: Bookmark This Website
Supreme Court rules for nursing home patient’s family
Trending News | 2023/06/28 10:08
The Supreme Court on Thursday ruled for the family of a nursing home resident with dementia that had sued over his care, declining to use the case to broadly limit the right to sue government workers.

The man’s family went to court alleging that he was given drugs to keep him easier to manage in violation of his rights. The justices had been asked to use his case to limit the ability of people to use a federal law to sue for civil rights violations. That outcome could have left tens of millions of people participating in federal programs, including Medicare and Medicaid, without an avenue to go to court to enforce their rights.

The Supreme Court has previously said that a section of federal law — “Section 1983” — broadly gives people the right to sue state and local governments when their employees violate rights created by any federal statute.

The court by a 7-2 vote reiterated that Thursday, with Justice Ketanji Brown Jackson writing that Section 1983 “can presumptively be used to enforce unambiguously conferred federal individual rights.” Both liberal and conservative justices joined her majority opinion while conservative Justices Clarence Thomas and Samuel Alito dissented.

The court had been asked to say that when Congress creates a federal spending program — giving states money to provide services such as Medicare and Medicaid — they shouldn’t face lawsuits from individuals under Section 1983. The court rejected that invitation.

The specific case the justices heard involves the interaction of Section 1983 and the Federal Nursing Home Reform Act, a 1987 law that outlines requirements for nursing homes that accept federal Medicare and Medicaid funds. The court was being asked to answer whether a person can use Section 1983 to go to court with claims their rights under the nursing home act are violated. The answer is yes, the court said.


[PREV] [1] ..[84][85][86][87][88][89][90][91][92].. [2647] [NEXT]
All
Legal News
Court News
Featured News
Court News Feed
Trending News
Top stories
Law Firm Press
Lawyer Opinion
Recent News
Legal Marketing
Politics
Law Firm News
TikTok content creators sue the U..
Chad holds presidential election ..
Trump faces prospect of additiona..
Retrial of Harvey Weinstein unlik..
Starbucks appears likely to win S..
Supreme Court will weigh banning ..
Supreme Court rejects appeal from..
Court makes it easier to sue for ..
Top Europe rights court condemns ..
Elon Musk will be investigated ov..
Retired Supreme Court Justice Ant..
The Man Charged in an Illinois At..



  Law Firm Web Design Information
At Law Promo we know the legal field - we've been making websites exclusively for lawyers and law firms since 2004. This makes us one of the most experienced law firm web design agencies, providing our services to a thousand attorneys worldwide. Law Promo can construct your law firm a brand new responsive website, or help you redesign your existing site to secure your place in the mobile world. Law firm website design by Law Promo
   Lawyer & Law Firm Websites
San Bernardino Drug Lawyers
www.bullardpowell.com
Legal Document Services in Los Angeles, CA
Best Legal Document Preparation
www.tllsg.com
Divorce Lawyer & Family Law Attorney
Divorce lawyer rockville
familylawyersmd.com
   Law Firm Blog Links
  Law Firm Planner
  Law Firm Directory
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
Surry County Criminal Defense Lawyers
Yadkin County Family Law Attorneys
www.dirussolaw.com
Amherst, Ohio Divorce Lawyer
Sylkatis Law - Child Custody
loraindivorceattorney.com
Family Law in East Greenwich, RI
Divorce Lawyer - Erica S. Janton
www.jantonfamilylaw.com/about
San Francisco Trademark Lawyer
San Francisco Copyright Lawyer
www.onulawfirm.com
 
 
© www.sunlegalnews.com. All rights reserved.

The content provided on this web page has been prepared by Sun Legal News as a community service to the legal community and is in no way intended to provide professional legal advice or act as a replacement for actual consultation with an attorney in any particular cases or trying circumstances. Sun Legal News articles and comments are posted for general and legal educational purposes only and should not be used to analyze any legal matters.

Boutique Law Firm Web Design