Zeigler V. Kirschner

Plaintiffs Zeigler, Jenkins and Vitale filed this action, on behalf of themselves and all others similarly situated, against Leonard Kirschner, director of the Arizona Health Care Cost Containment System (AHCCCS) in his official capacity. Their complaint sought certain declaratory and injunctive relief and restitution pursuant to both 42 U.S.C. § 1983*fn1 and state law. The director moved to dismiss the complaint pursuant to Rules 12(b)(1) and (6), Arizona Rules of Civil Procedure, for lack of subject-matter jurisdiction and failure to state a claim upon which relief may be granted. The trial court granted the director's motion and later entered formal judgment dismissing the complaint for "lack of subject matter jurisdiction and failure to state a claim." Plaintiffs timely appealed. We have jurisdiction pursuant to A.R.S. § 12-2101(B).