Columbian Financial Corporation v Stork

Columbian sued Stork and other state banking officials alleging due process violation when a bank it owned was seized without a hearing. The district court abstained on the equitable claims as a state case was pending and granted judgment to Stork and other defendants on qualified immunity grounds. The panel vacated in part and affirmed in part. It held that abstention was no longer appropriate as the state case has been concluded and thus the equitable claims were remanded for further consideration. It affirmed on the immunity issue holding circuit precedent was unclear as to whether pre-deprivation hearings were required when a bank is seized and placed in receivership and other circuits have approved the approach and thus there was no violation of a clearly established right. It finally held that the delay in post-deprivation hearing did not violate a clearly established right as Columbian’s interest in getting the bank back was minimal given the insolvency of the bank at the time of seizure, some of the delay was normal given the state court proceeding which may have been prolonged by the refusal to hold a post-deprivation hearing and the pre-seizure consent decree between Colombian and the state minimized mistaken seizure while stork had no precedent to follow and fact based analysis is inherently unpredictable.

Taylor v Colorado Department of Health Care Policy and Financing

Taylor sued Department alleging its refusal to pay for attendants to drive her to medical appointments discriminated against her based on disability. The district court dismissed her claims and the panel affirmed. It held that there was no discrimination as Department offered the same benefits to all similarly situated beneficiaries, inadequate reimbursement is not discrimination, Taylor was treated the same as every other Medicaid recipient in her county which is the proper geographical comparison area and the attendant pay was unavailable to anyone, disabled or not, so there was no need to accommodate Taylor.