Ledgerwood et al v. Gillespie

Filing 63

JUDGMENT following a combined bench trial on the merits and final hearing on the request for injunctive relief. Cindy Gillespie, the Director of the Arkansas Department of Human Services, prevailed on Jacobs's ascertainable-standards claims; and those claims are dismissed with prejudice. Jacobs prevailed on her notice claims; and the Court enters judgment for Jacobs and against Director Gillespie, in her official capacity, on those claims. The Court has also entered a companion permanent in junction against Director Gillespie to grant complete relief to Jacobs on the notice claims. Jacobs's hearing-related claims are dismissed without prejudice. Jacobs is entitled to a reasonable attorney's fee and costs as allowed by law. Any fee/costs motion is due by 11/18/2016. Signed by Judge D. P. Marshall Jr. on 11/1/2016. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
ETHEL JACOBS, by and through her
son and next friend Louis Welch

v.

PLAINTIFF

No. 3:16-cv-119-DPM

CINDY GILLESPIE, in her official
capacity as Director, Arkansas
Department of Human Services

DEFENDANT

JUDGMENT
1. The Court held a combined bench trial on the merits and final
hearing on the request for injunctive relief on October 26-28, 2016 in Helena.
For the reasons stated from the bench at the end of the combined proceeding,
the Court enters this Judgment on Ethel Jacobs' s claims under the Due Process
Clause and the Medicaid Act.
2. Cindy Gillespie, the Director of the Arkansas Department of Human
Services, prevailed on Jacobs's ascertainable-standards claims; and those
claims are dismissed with prejudice. Jacobs prevailed on her notice claims;
and the Court enters judgment for Jacobs and against Director Gillespie, in
her official capacity, on those claims. The Court has also entered a companion
permanent injunction against Director Gillespie to grant complete relief to

Jacobs on the notice claims. Jacobs' s hearing-related claims are dismissed
without prejudice.
3. As the prevailing party, Jacobs is entitled to a reasonable attorney's
fee and costs as allowed by law.

FED.

R. Crv. P. 54(d)(1); 28 U.S.C. § 1920.

Any fee/ costs motion is due by 18 November 2016.

D.P. Marshall Jr. "
United States District Judge

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