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Clayworth v. Bonta

James CLAYWORTH, R.Ph, dba Clayworth Healthcare Pharmacy Wayne Roberts Madeleine Madden v. Diana M. BONTA, Director of the Department of Health Services, state of California, and Department of Health Services, a department of the state of California, California Medical Association American Academy of Pediatrics-California District American College of Obstetricians and Gynecologists-District IX California Chapter American College of Emergency Physicians California Dental Association Long Term Care Pharmacy Alliance California Foundation for Independent Living Centers California Pharmacists Association Aids Healthcare Foundation Professional Pharmacy Alliance of California Brain Injury Policy Institute Long Term Care Management Council Osteopathic Physicians and Surgeons of California v. Diana M. Bonta, Director of the Department of Health Services, State of California

Clayworth v. Bonta, 140 F. App'x 677 (9th Cir. 2005)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
August 2, 2005
Docket
Nos. 04-15498, 04-15532
Judges
Bea, Cowen, Scannlain
Citations
140 F. App'x 677

Opinion of the Court

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MEMORANDUM ***

James Clayworth, dba Clayworth Healthcare Pharmacy, and two Medicaid recipients, brought suit against Diana Bonta, in her official' capacity as Director of the California Department of Health Services, and the California Department of Health Services. 1 Separately, a consortium of 14 Medi-Cal service providers and the Disabled Rights Union, a non-profit association of disabled persons, also brought suit against Bonta. From adverse judgments in district court, Bonta brought these appeals, which we have consolidated.

The legal issue here has been resolved by Sanchez v. Johnson, 416 F.3d 1051 (9th Cir.2005), filed this date, in which we held *679 that neither Medicaid recipients nor providers have a private right to challenge California’s compliance with Medicaid provision § 30(A) under 42 U.S.C. § 1983 .

The judgment of the district court is REVERSED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

. The case against the California Department of Health Services was eventually dismissed on the basis of Eleventh Amendment immunity and no cross-appeal has been filed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 11 cases

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2006: 22007: 12009: 42010: 12014: 12015: 12025: 120062026peak 2009 · 4

Relies on it most ⓘ

  1. Cecile Erwin Young, in Her Official Capacity as the Executive Commissioner of the Texas Health and Human Services Commission; Molina Healthcare of Texas, Inc.; And Aetna Better Health of Texas, Inc. v. Cook Children's Health Plan, Texas Children's Health Plan, Superior Health Plan, Inc., and Wellpoint Insurance CompanyNo. 15-24-00114-CV (Tex. App.—Houston [15th Dist.] July 10, 2025)
  2. Independent Living Center of Southern California, Inc. v. Maxwell-Jolly572 F.3d 644 (9th Cir. 2009)
  3. Equal Access for El Paso, Inc. v. Hawkins509 F.3d 697 (5th Cir. 2007)
  4. Arizona Ass'n of Providers for Persons with Disabilities v. State219 P.3d 216 (Ariz. Ct. App. 2009)
  5. Equal Access for El Paso, Inc. v. Hawkins428 F. Supp. 2d 585 (W.D. Tex. 2006)
  6. Keffeler v. Partnership Healthplan224 Cal. App. 4th 322 (2014)

Most recent

  1. Cecile Erwin Young, in Her Official Capacity as the Executive Commissioner of the Texas Health and Human Services Commission; Molina Healthcare of Texas, Inc.; And Aetna Better Health of Texas, Inc. v. Cook Children's Health Plan, Texas Children's Health Plan, Superior Health Plan, Inc., and Wellpoint Insurance CompanyNo. 15-24-00114-CV (Tex. App.—Houston [15th Dist.] July 10, 2025)
  2. Chris Traylor, as Executive Commissioner of the Texas Health and Human Services Commission And the Texas Health and Human Services Commission v. Diana D., as Next Friend of KD, a Child Karen G., as Next Friend of TG and ZM, Children Guadalupe P., as Next Friend of LP, a Child Sally L., as Next Friend of CH, a Child Dena D., as Next Friend of BD, a Child OCI Acquisition, LLCNo. 03-15-00657-CV (Tex. App.—Austin Oct. 27, 2015)
  3. Keffeler v. Partnership Healthplan224 Cal. App. 4th 322 (2014)
  4. G. v. Hawaii, Dept. of Human Services703 F. Supp. 2d 1078 (D. Haw. 2010)
  5. Independent Living Center of Southern California, Inc. v. Maxwell-Jolly572 F.3d 644 (9th Cir. 2009)
  6. Independent Living v. ShewryNo. 08-56422 (9th Cir. July 9, 2009)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Sanchez v. Johnson, 416 F.3d 1051 (9th Cir. 2005) 42

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