Grammer v. John J. Kane Regional Centers-Glen Hazel
United States Court of Appeals for the Third Circuit
570 F.3d 520 (2009)
- Written by Liz Nakamura, JD
Facts
Sarah Grammer’s (plaintiff) mother, Melvinteen Daniels, was a resident of the John J. Kane Regional Center (Kane Center) (defendant), a skilled nursing facility (SNF) owned and operated by Allegheny County, Pennsylvania. Daniels was a Medicaid recipient, and the Kane Center was a Medicaid-certified SNF. During Daniel’s residence at the Kane Center, Daniels developed infected bedsores, became malnourished, and ultimately died of sepsis. As the administrator of Daniels’s estate, Grammer brought a Section 1983 suit against the Kane Center for wrongful death, arguing the Kane Center violated Daniels’s civil rights by breaching the duty of care it owed to Daniels under the Federal Nursing Home Reform Act (FNHRA). The Kane Center countered, arguing that FNHRA did not create a private federal right of action enforceable through Section 1983 because it was a Medicaid funding statute. The district court agreed with the Kane Center and dismissed Grammer’s Section 1983 suit. Grammer appealed.
Rule of Law
Issue
Holding and Reasoning (Nygaard, J.)
Dissent (Stafford, J.)
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