Davidson v. Howe, 749 F.3d 21

Marilyn Davidson, an intellectually disabled ward, has been in Massachusetts DDS care since 1949, most recently at Fernald; Fernald was planned for closure due to noncompliance with ADA and cost; DDS planned to transfer Marilyn from Fernald to Wrentham after state adjudication and administrative appeals exhausted; federal suit filed Oct 18, 2013 seeking to enjoin the transfer under Medicaid Act regulations; district court denied injunction on private-right-of-action grounds but allowed amended complaint; Marilyn was transferred Oct 22, 2013 and remains at Wrentham; the appellate court later held mootness and Eleventh Amendment immunity issues and remanded for dismissal of damages and mootness without addressing private right question.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether injunctive/declaratory relief is moot	Davidsons: not moot due to ongoing concerns	Commonwealth: transfer completed, no live dispute	Injunctive/declaratory claims moot
Whether damages claim is barred by Eleventh Amendment immunity	N/A	State immunity bars damages in federal court	Damages claim barred by Eleventh Amendment
Whether Medicaid Act creates a private right of action to challenge transfers	Davidsons contend private right exists	State asserts no private right of action	Not addressed on appeal (not reached)

American Civil Liberties Union of Mass. v. U.S. Conference of Catholic Bishops, 705 F.3d 44 (1st Cir. 2013) (mootness; actual controversy required; dismissal when no live case)
Ricci v. Patrick, 544 F.3d 8 (1st Cir. 2008) (state consent and Ricci decree framework; ISP disputes resolved in state process)
Edelman v. Jordan, 415 U.S. 651 (1974) (Eleventh Amendment bars suits against states in federal court)
Kimel v. Florida Bd. of Regents, 528 U.S. 62 (2000) (Congressional abrogation of immunity requires clear express language)
Powell v. McCormack, 395 U.S. 486 (1969) (live case requirement; mootness)