New category of lawsuits for civil rights violations at nursing homes.
The Legal Intelligencer (7/1/09, Duffy) reports, “In a landmark opinion that recognizes a new category of lawsuits, the 3rd U.S. Circuit Court of Appeals has ruled that the Federal Nursing Home Reform Amendments give residents of county-run nursing homes the right to bring civil rights claims under Section 1983 to challenge the quality of their treatment. ‘The language used throughout the FNHRA is explicitly and unambiguously rights-creating,’ U.S. Circuit Judge Richard L. Nygaard wrote in his 23-page opinion in Grammar v. John J. Kane Regional Centers.”