Richard Stogsdill, et al. v. South Carolina Department of Health and Human Services

Whether the lower court’s orders dismissing claims alleging violations of the Americans with Disabilities Act and the Rehabilitation Act conflict with Olmstead v. L. C. by Zimring and decisions of other circuits because the courts (1) disregarded evidence of the resources of the state and (2) failed to properly shift the burden to DHHS to prove that the modifications Petitioners requested would cause a fundamental alteration in the state’s system.

Whether Respondent’s voluntary conduct or orders of the state court of appeals and DHHS’ rulings mooted or precluded Petitioners’ federal claims for violations of

constitutional and statutory due process rights and (2) provisions of the Medicaid Act alleged in the second amended complaint that are enforceable under Section 1983.