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  • Matthew Dowd

Dowd Scheffel Submits Amicus Brief to Supreme Court on Behalf of 34 Former Members of Congress

Dowd Scheffel filed an Amicus Curiae brief on behalf of 34 former members of Congress in support of the Estate of Gorgi Talevski concerning a dispute as to whether 42 U.S.C § 1983 authorizes a private lawsuit alleging violations of the Federal Nursing Home Reform Act ("FNHRA"). Mr. Talevski was living with dementia and receiving care at Valparaiso Care and Rehabilitation, a state-run nursing facility in Indiana. His wife, Ivanka, filed a lawsuit on behalf of Mr. Talevski alleging that Valparaiso Care failed to provide Gorgi with adequate medical care, used psychotropic medications as unnecessary chemical restraint, and improperly discharged and transferred him, among other practices, in violation of FNHRA. The dispute seeks to clarify that § 1983 allows actions pursuant to the Spending Clause of the U.S. Constitution. A copy of the brief can be found at https://www.supremecourt.gov/DocketPDF/21/21-806/238676/20220923151105777_21-806%20Amicus%20Brief.pdf

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