Citations
- 395 F. Supp. 2d 132
Full opinion text
OPINION
SLEET, District Judge.
I.INTRODUCTION
The above-captioned action is one for declaratory and injunctive relief, pursuant to 28 U.S.C. §§ 2201 and 2202 (1994), and Fed.R.Civ.P. 57 and 65, arising from the Defendants’ alleged violations of 42 U.S.C. § 1983 (2003). (D.I. 1 ¶ 5.) Presently before the court is the Defendants’ motion to dismiss, pursuant to Fed.R.Civ.P. 12(b)(6), for failure to state a claim upbn which relief can be granted. (D.I. 11.) For the following reasons, the court will deny the motion.
II. JURISDICTION
The court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 1331, 1343(a)(3) and (4) (1993).
III. STANDARD OF REVIEW
‘When considering a Rule 12(b)(6) motion, [the court] aecept[s] as true all the allegations set forth in the complaint, and ... draws all reasonable inferences in the plaintiffs favor. See Schrob v. Catterson, 948 F.2d 1402, 1405 (3d Cir.1991). Dismissal of a plaintiffs claim under Rule 12(b)(6) occurs only if the plaintiff ‘can prove no set of facts in support of [her] claim which would entitle [her] to relief.’ Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957).” Ford v. Schering-Plough Corp., 145 F.3d 601, 604 (3d Cir.1998).
IV. BACKGROUND
The plaintiff, Marianne Duffy, is a 31-year-old resident of North Carolina. (D.I. 1 ¶ 2.) Duffy, a Medicaid beneficiary, lives in an intermediate care facility for mental retardation (“ICF/MR”) in that state because she suffers from “developmental disabilities including blindness, seizures, autism, and mental retardation.” (7d1ffl 1-2.) In 2001, Duffy’s parents relocated from North Carolina to Delaware. (7<7.¶2.) Because they are unable to care for their daughter on their own for any significant period of time, “the Duffys applied to the Defendants to obtain residential placement and services through Delaware’s Medicaid program.” (7