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Is Section 1983 a Vehicle for a Private Right of Action?
Indiana is one of the worst states to be in a nursing home in in the entire country. And they're getting this money and rather than spending it on nursing homes, they're actually diverting the money and using it to build other facilities. Their claim before the federal court, it seems, is that because the state of Indiana didn't know what it was getting itself into when it signed up for Medicaid that somehow like there was a tacit contract. The idea here is that if a state wasn't really on notice of a particular condition of the contract at the time they took the federal money, they shouldn't be held accountable later on for violating the contract.