Foster, et al. v. MO Dept. of Health and Senior Servs., et al., No. 12-3887 (8th Cir. 2013)
Annotate this CasePlaintiff, her husband, and their jointly owned company filed suit under 42 U.S.C. 1983 against two employees of the Department (Hansen and Watkins), alleging violations of their due process rights. Plaintiffs argued, inter alia, that the Department failed to provide plaintiff with actual notice of her placement on the disqualification list and deprived all the plaintiffs of due process. The court could find no authority or "general constitutional rule" requiring Hansen and Watkins to provide plaintiff final oral notice or request written confirmation of her termination in addition to the notice and opportunity for hearing they had already provided. Therefore, the court concluded that placing plaintiff on the disqualification list was not a deprivation of due process rights. Accordingly, Hansen and Watkins were entitled to qualified immunity on the individual capacity claims against them. Plaintiff's remaining claim was without merit. The court affirmed the judgment of the district court.
Court Description: Civil case - Civil rights. In an action alleging the Department's action in placing plaintiffs' healthcare service on the Department's disqualification list deprived them of due process, the district court did not err in granting defendants' motion for summary judgment as plaintiffs were given actual notice of the placement.
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