Jackson v. Selig

Filing 57

JUDGMENT in accordance with 49 Order, Judgment is hereby entered granting 37 Plaintiff's Motion for Summary Judgment and denying 40 Defendant's Motion for Summary Judgment claims with prejudice. Accordingly, ADHS is permanently enjoined from assessing a penalty against Mr. Jackson for the purchase of the annuities, and from considering the annuities or their payments as income or resources available to Mr. Jackson in determining his eligibility for Medicaid Benefits. Signed by Judge Billy Roy Wilson on 05/09/2013. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION RICHARD F. JACKSON Vs. PLAINTIFF 3:10-CV-00276-BRW JOHN M. SELIG JUDGMENT In accordance with the Court’s Order entered March 13, 2013, judgment is hereby entered granting Plaintiff’s Motion for Summary Judgment and denying Defendant’s Motion for Summary Judgment claims with prejudice. Accordingly, ADHS is permanently enjoined from assessing a penalty against Mr. Jackson for the purchase of the annuities, and from considering the annuities or their payments as income or resources available to Mr. Jackson in determining his eligibility for Medicaid Benefits. In accordance with the Court’s Order entered May 9, 2013, attorney’s fees and costs are awarded in the sum of $29.968.75 to Plaintiff. IT IS SO ORDERED this 9th day of May, 2013. /s/Billy Roy Wilson UNITED STATES DISTRICT JUDGE

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