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Case No. 18-1613

For summaries from opinions prior to August, 2018, view PDF versions here

EerieAnna Good and Carol Beal
v.
Iowa Department of Human Services

Appellants

EerieAnna Good and Carol Beal

Appellee

Iowa Department of Human Services

Attorneys for Appellants

Seth A. Horvath, F. Thomas Hecht, and Tina B. Solis
Rita Bettis Austen
John Knight

Attorneys for Appellee

Matthew K. Gillespie, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1613
Date Published:
Oct 23, 2019
Summary

            Appeal from the Iowa District Court for Polk County, Arthur E. Gamble, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Potterfield and Mullins, JJ.  Gamble, S.J., takes no part.  Opinion by Potterfield, J.  (11 pages)

            EerieAnna Good and Carol Beal appeal the district court ruling denying their application for attorney fees and costs incurred in their successful challenge of a regulation that prohibited Iowa Medicaid coverage of surgical procedures related to “sex reassignment” and “gender identity disorders.”  They brought their request for fees under the Iowa Civil Rights Act and the Iowa Equal Access to Justice Act.  Good and Beal maintain the district court erred in its interpretation of the statutes; they ask us to reverse the denial of their request and remand to the district court for the determination of the amount of reasonable attorney fees.  OPINION HOLDS: The district court did not err in its determination that neither Iowa Code section 216.16(6) nor section 625.29(1) (2018) applies.  Therefore, Good and Beal are not entitled to recover their attorney fees and costs.  We affirm.

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