Grimes v. Bimestefer

Appellate Case: 21-1194 Document: 010110716748 Date Filed: 07/27/2022 Page: 1
FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT July 27, 2022
_________________________________
Christopher M. Wolpert
Clerk of Court
J. G., a minor, through her father and
Conservator, Mark Grimes,

Plaintiff - Appellant,

v. No. 21-1194
(D.C. No. 1:19-CV-02674-WJM-STV)
KIM BIMESTEFER, in her official (D. Colo.)
capacity as Executive Director of the
Colorado Department of Health Care
Policy and Financing; CHRISTINE
NIERENZ, in her official capacity as
Administrative Law Judge II for the
Colorado Office of Appeals of the
Colorado Department of Health Care
Policy and Financing,

Defendants - Appellees.

------------------------------

COLORADO CENTER ON LAW AND
POVERTY, INC.; COLORADO LEGAL
SERVICES; JUSTICE IN AGING;
NATIONAL CENTER FOR LAW AND
ECONOMIC JUSTICE; NATIONAL
HEALTH LAW PROGRAM,

Amici Curiae.
_________________________________

ORDER AND JUDGMENT*
_________________________________

*
This order and judgment is not binding precedent, except under the doctrines
of law of the case, res judicata, and collateral estoppel. It may be cited, however, for
its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
Appellate Case: 21-1194 Document: 010110716748 Date Filed: 07/27/2022 Page: 2

Before PHILLIPS, MORITZ, and EID, Circuit Judges.
_________________________________

Appellant J.G., through her father and conservator, Mark Grimes, appeals the

district court orders dismissing her claims, denying her motion for reconsideration,

and denying her motion to amend her complaint. Exercising jurisdiction under

28 U.S.C. § 1291, we affirm.

BACKGROUND

I. Factual Background1

J.G. was born in December 2005. In January 2007, she suffered an adverse

reaction to a measles-mumps-rubella-varicella vaccine. That unfortunately led to serious

health consequences.

Through her mother and then-conservator, J.G. petitioned for compensation in the

Court of Federal Claims under the National Childhood Vaccine Injury Act of 1986,

42 U.S.C. § 300aa-15 et seq.2 While her petition was pending, J.G. applied for and was

1
The contents of this section are taken from J.G.’s complaint. We disregard all
legal conclusions and irrelevant allegations. Straub v. BNSF Ry. Co., 909 F.3d 1280,
1287 (10th Cir. 2018). But we accept as true all relevant, well-pleaded facts and view
them in the light most favorable to the plaintiff. Id.
2
The Vaccine Act “establishes a no-fault compensation program” that
compensates individuals who are injured by vaccines. Bruesewitz v. Wyeth LLC, 562
U.S. 223, 228 (2011). Under the program:

A person injured by a vaccine, or his legal guardian, may file a petition
for compensation in the United States Court of Federal Claims, naming
the Secretary of Health and Human Services as the respondent. A special
master then makes an informal adjudication of the petition . . . . The Court
of Federal Claims must review objections to the special master's decision
and enter final judgment . . . . At that point, a claimant has two options:
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approved to receive benefits under Colorado’s Medicaid program. That included Home

and Community Based Children’s Extensive Support Waiver services, which are offered

to children with developmental delays or disabilities. In Colorado, Medicaid is

administered by the Colorado Department of Health Care Policy & Financing

(“Department”).

In 2011, while J.G. was receiving Medicaid benefits, a special master in the Court

of Federal Claims approved a settlement between J.G. and the Department of Health and

Human Services (“DHHS”). The settlement included compensation for several categories

of damages, including (1) a lump-sum payment into a reversionary trust that DHHS

created, Regions Bank managed as trustee, and J.G. could access for only therapy

expenses, and (2) a lump-sum payment to purchase an annuity, providing J.G. annual

payments during her life. A Colorado state court also approved the settlement terms.

For roughly five years, the Department expressed no concerns with J.G.’s

settlement. That changed in April 2016, when the Department began questioning the

settlement’s terms. J.G.’s representatives tried addressing the Department’s concerns but

to no avail. In 2017, J.G. was notified that her Medicaid benefits were being terminated.

The notice stated that the reversionary trust was a countable resource that placed J.G.

to accept the court’s judgment and forgo a traditional tort suit for
damages, or to reject the judgment and seek tort relief from the vaccine
manufacturer.

Id.
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above the allowable-resource limit to qualify for Medicaid assistance. It also said that

money received under the annuity contract put J.G. over the allowable income limit.

J.G. appealed that decision to the Office for Administrative Courts. The appeal

was assigned to Administrative Law Judge Tanya Light. During those proceedings, the

parties agreed that the case could be decided on summary-judgment briefing, without a

hearing. So they submitted their briefs and supporting exhibits, some of which were

stipulated. After considering the arguments, ALJ Light issued an “Initial Decision” that

reversed the Department’s ineligibility ruling, concluding that neither the reversionary

trust nor the annuity were countable assets for determining J.G.’s Medicaid eligibility.

The Department objected to the Initial Decision, and J.G. filed a response to those

objections. The matter was reviewed by Appellee Christine Nierenz, an ALJ in the

Department’s Office of Appeals. In July 2019, she issued a Final Agency Decision

(“Final Decision”) that reversed the Initial Decision. ALJ Nierenz concluded that the

reversionary trust and the annuity were countable assets after all, making J.G. ineligible

for Medicaid assistance.

II. Procedural Background

The Final Decision stated that J.G. could seek judicial review of the decision by

suing in the appropriate state district court within 35 days. But J.G. didn’t pursue that

option; she instead turned to federal court and filed a complaint in the District of

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Colorado. She asserted five claims under 42 U.S.C. § 1983 against ALJ Nierenz and Kim

Bimestefer in their official capacities as members of the Office of Appeals.3

In Count I, J.G. alleges that ALJ Nierenz violated 42 U.S.C.

§ 1396a(a)(10)(A)(ii)(V)–(VI) by not evaluating her Medicaid eligibility “in accordance

with the regulations and law as set forth in the [Supplemental Security Income]

program.”4 R. Vol. 1 at 109. According to J.G., had ALJ Nierenz correctly relied on the

Supplemental Security Income eligibility standards, she would have concluded that

neither the reversionary trust nor the annuity was countable income to J.G.

In Count II, J.G. alleges that the reversionary trust isn’t a countable asset under 42

U.S.C. § 1396p(h)(1) or an available asset to her under 42 U.S.C. § 1396a(a)(17). She

alleges that by interpreting the reversionary trust otherwise, the Department violated §

1396p(h)(1). She asks the district court to declare the trust a non-countable and

unavailable asset to her, “as more fully set forth in the opinion of [] ALJ [Light] in the

Initial Decision.” R. Vol. 1 at 118.

In Count III, J.G. alleges that the Department erred in concluding that the annuity

was a countable resource under 42 U.S.C. § 1396p. She says that because her annuity is

3
Bimestefer is the Department’s Executive Director.
4
Supplemental Security Income is a federal program that is “designed to help
aged, blind, and disabled people[] who have little or no income” by providing them
money for basic needs. Supplemental Security Income Home Page — 2014
Edition, U.S. SOC. SECURITY ADMIN., http://www.ssa.gov/ssi/ (last visited Sept.
26, 2014).
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assigned to a disability trust, it’s neither a countable resource nor her personal income.

She asks the district court to declare the same.

Count IV alleges a claim for “Equitable Estoppel and Waiver,” but J.G. has

abandoned that claim, and it is not at issue on appeal.

In Count V, J.G. alleges that the Department violated 42 U.S.C. § 1396a(r)(2)(A)

by “counting income and resources for [her] in a manner that is more restrictive than the

[Supplemental Security Income] program.” R. Vol. 1 at 124. J.G. says that “[t]he decision

of [] ALJ [Light] in this case is correct under federal law,” while “[t]he decision of [ALJ]

Nierenz is incorrect under federal law.” Id. at 125.

ALJ Nierenz and Director Bimestefer moved to dismiss the complaint, arguing

that J.G.’s claims were barred by issue and claim preclusion. They also argued that J.G.

lacked any enforceable federal rights under the Medicaid statutes. The district court

granted their motion on claim-preclusion grounds, concluding that the Final Decision was

entitled to preclusive effect and that each of J.G.’s claims either had been raised or could

have been raised during the administrative proceedings. The court then entered a final

judgment.

J.G. later moved for reconsideration and to amend her complaint. Both motions

were denied. This appeal followed.

DISCUSSION

I. Order Granting Motion to Dismiss

We review de novo the grant of a motion to dismiss on claim preclusion grounds.

Johnson v. Spencer, 950 F.3d 680, 704 (10th Cir. 2020).

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a. Whether the Final Decision Can Have Preclusive Effect

We must first decide whether the Final Decision can have preclusive effect. We

conclude that it can.

Federal courts must give full faith and credit to state-court judgments. 28 U.S.C. §

1738. This principle can also extend to state administrative actions. When an agency (1)

acts in a judicial capacity, (2) resolves disputed issues of fact before it, and (3) the parties

have an adequate opportunity to litigate issues, the agency’s decision has the same

preclusive effect it would have in state court. Salguero v. City of Clovis, 366 F.3d 1168,

1173 (10th Cir. 2004). An agency acts in a judicial capacity “[w]hen the decision is likely

to affect the rights and duties of specific individuals and is reached through the

application of preexisting legal standards or policy considerations to present or past facts

developed at a hearing.” Chellsen v. Pena, 857 P.2d 472, 475 (Colo. App. 1992).

The above elements are satisfied here. First, both ALJs Light and Nierenz acted in

a judicial capacity. They relied on Colorado and Tenth Circuit caselaw in evaluating

J.G.’s Medicaid eligibility. It doesn’t matter that no hearing occurred, because “[t]he

parties agreed that the case could be decided on summary judgment, and requested [that]

the Court vacate the scheduled hearing and set a briefing schedule.” R. Vol. 1 at 43.

Second, the administrative proceedings resolved disputed issues of fact. The parties filed

exhibits in support of their summary-judgment briefs, which formed the basis of many of

ALJ Light’s extensive factual findings. In fashioning her Final Decision, ALJ Nierenz

was bound by those findings unless they were “contrary to the weight of the evidence.”

Id. at 65. Third, J.G. had a full and adequate opportunity to litigate whether the

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reversionary trust and the annuity rendered her ineligible for Medicaid—indeed, her

arguments persuaded ALJ Light to reverse the Department’s initial termination decision.

We thus conclude that the Final Decision can have preclusive effect in this case.

b. Whether the Final Decision Precludes J.G.’s Federal Lawsuit

Having determined that the Final Decision can have preclusive effect, we must

now determine whether it does preclude J.G.’s lawsuit here. We conclude that it does.

We noted above that “[f]ederal courts give state agency determinations the

same preclusive effect that the forum state’s courts would afford them.” Guttman v.

Khalsa, 669 F.3d 1101, 1109 (10th Cir. 2012). Here, the parties agree that if claim

preclusion applies, we should assess it under Colorado law.

Claim preclusion bars re-litigation of matters that were decided or could have

been raised in a prior proceeding. Argus Real Estate, Inc. v. E-470 Pub. Highway

Auth., 109 P.3d 604, 608 (Colo. 2005). The doctrine saves parties from multiple

lawsuits, conserves judicial resources, and promotes reliance on the judicial system

by preventing inconsistent decisions. See id. In Colorado, claim preclusion applies

when: “(1) the judgment in the prior proceeding was final; (2) the prior and current

proceedings involved identical subject matter; (3) the prior and current proceedings

involved identical claims for relief; and (4) the parties to the proceedings were

identical or in privity with one another.” Gale v. City and Cnty. of Denver, 500 P.3d

351, 354 (Colo. 2020) (citation omitted).

J.G. doesn’t contest whether the first, second, and fourth elements are

satisfied. She doesn’t meaningfully discuss them in her briefing, and during oral

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argument, she confirmed that she was challenging only the third element—namely,

the identity-of-claims element.5 So we limit our analysis to that element.

“Identity of claims exists when ‘the claim at issue in the second proceeding is

the same claim that was (or could have been) brought in the first proceeding.’” Gale

v. City and Cnty. of Denver, 923 F.3d 1254, 1256 (10th Cir. 2019) (quoting Foster v.

Plock, 394 P.3d 1119, 1127 (Colo. 2017)). One principle is critical here: “the inquiry

does not focus on the specific claim asserted or the name given to the claim.” Argus,

109 P.3d at 608–09 (emphasis added). Rather, the “same claim or cause of action

requirement is bounded by the injury for which relief is demanded, and not by the

legal theory on which the person asserting the claim relies.” Id. (emphasis added)

(citation omitted); see also Gale, 923 F.3d at 1256 (“Colorado ‘disregard[s] the form

of the action and instead look[s] at the actual injury underlying the first proceeding’

using a transactional analysis to determine whether the claims ‘seek redress for

essentially the same basic wrong, and rest on the same or a substantially similar

factual basis.’”) (alterations in original) (quoting Foster, 394 P.3d at 1127).

We evaluate each of J.G.’s claims with these principles in mind.

5
In a footnote, J.G. argues that the privity-of-parties element isn’t met because
her lawsuit must involve Regions Bank as a witness. See Op. Br. at 26 n.7. She notes
that if the reversionary trust is deemed a countable asset, then any use of the trust is
subject to Regions Bank’s consent. But she abandoned this position at oral argument
when clarifying that she only challenges the identity-of-claims element. And even if
she didn’t mean to abandon the argument, she cites no authority illustrating that we
should consider witnesses when evaluating whether the parties are either identical or
in privity.
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i. Count I

In Count I, J.G. alleges that ALJ Nierenz failed to evaluate her Medicaid

eligibility using the Supplemental Security Income eligibility standards, thereby

violating 42 U.S.C. § 1396a(a)(10)(A)(ii)(V)–(VI). She alleges that ALJ Light

correctly recognized that a resource is not “countable” under the Supplemental

Security Income standards unless a person can liquidate and use it. Thus, neither the

reversionary trust nor the annuity is countable. So J.G. asks the court to: (1) enforce §

1396a(a)(10)(A)(ii)(V)–(VI) and (2) declare that the Children’s Extensive Support

Waiver program must be administered using Supplemental Security Income

regulations.

The injury that J.G. seeks to remedy in Count I is the denial of her Medicaid

benefits. That’s the same injury that she sought to remedy during her administrative

proceedings. And during those proceedings, she raised many of the same points that

are now alleged in Count I. For example, in her brief before ALJ Light, J.G. said that

“[t]he Department is only permitted to consider income and resources as are available

to the individual and when such income and resources can be liquidated.” R. Vol. 2 at

151. She then stated that “[a] trust cannot be counted as a resource if the individual

does not have the right to use the assets as well as the authority to dispose of that

right.” Id. She also said that when determining her Medicaid eligibility, “[t]he

Department is required to use the same methodology as that used by [the

Supplemental Security Income program].” Id. at 152. Based on these arguments, she

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reasoned that the reversionary trust and annuity should be declared non-countable

resources.

Given those similarities, it’s clear that the substance of Count I was considered

during the administrative proceedings. Tellingly, J.G. herself reduces Count I to one

question: “Is [] ALJ [Light] correct or is [ALJ] Nierenz correct under federal law?”

R. Vol. 1 at 112; see also id. at 113 (“Essentially, this Court would determine who is

right under the federal law, [] ALJ [Light] or [ALJ] Nierenz.”). That framing further

proves that Count I was already addressed during the administrative proceedings—

J.G. simply disagrees with the outcome.

We conclude that the identity-of-claims element is satisfied as to Count I.

ii. Count II

In Count II, J.G. alleges that the reversionary trust is neither an “asset of the

individual” under 42 U.S.C. § 1396p(h)(1), nor an “available” asset to her under 42

U.S.C. § 1396a(a)(17), “as more fully set forth in the opinion of [] ALJ [Light] in the

Initial Decision.” R. Vol. 1 at 114, 118. J.G. alleges that in reversing ALJ Light,

“[ALJ] Nierenz misunderstood the legal requirements of a proceeding brought under

the National Vaccination Act” and misconstrued the nature of the reversionary trust.

Id. at 115. J.G. alleges that the trust “was never intended by anyone in the

[Vaccination Act] proceeding to be an ‘asset of the individual’” because “DHHS is

the grantor of the trust[, and] J.G. can only access [the trust’s] funds for a limited

purpose, i.e., ABA therapy.” Id. at 116. So J.G. alleges that ALJ Nierenz violated

§ 1396p(h)(1) and asks the district court to enforce the statute. She also asks the court

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to declare that the trust is neither an “asset of the individual” nor an “available” asset

under the applicable statutes.

Again, the injury that J.G. seeks to remedy is the denial of her Medicaid

benefits in the Final Decision. She sought to address the same injury during her

administrative proceedings and raised many of the same points now raised in Count

II. Before ALJ Light, J.G. argued that the trust wasn’t an “asset of the individual”

because it was created and funded by DHHS, not herself. R. Vol. 2 at 150. She said

that the trust was not an available asset under § 1396p(h)(1) because it was

“conferred on [her] under very strict guidelines,” and she had “no right or power to

direct or control” it. Id. at 150–51. She argued that “counting [the Reversionary

Trust] as available would violate 42 U.S.C. § 1396a(a)(17)(B) and (C) . . . . [because]

the federal government itself placed restriction on the distributions from the

Reversionary Trust and Colorado Medicaid officials have no authority to alter the

federal government’s authority and power to determine how funds . . . must be

utilized.” Id. at 153. She made similar arguments to ALJ Nierenz.

Thus, in Count II, J.G. “seek[s] redress for essentially the same basic wrong”

at issue in her administrative proceedings and on the same factual basis. Gale, 923

F.3d at 1256. That she asks the district court to interpret § 1396p(h)(1) and

§ 1396a(a)(17) the same way that ALJ Light did shows that Count II was already

addressed during the administrative proceedings.

We therefore conclude that the identity-of-claims element is satisfied as to

Count II.

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iii. Count III

In Count III, J.G. alleges that ALJ Nierenz violated 42 U.S.C. § 1396p(e) by

declaring the annuity payments “countable income,” which rendered her ineligible

for Medicaid. She says that ALJ Nierenz “ignored the fact that the annuity is

assigned to [a] disability trust which already names the Department as remainder

beneficiary.” R. Vol. 1 at 121. J.G. argues that under § 1396p, an asset that’s

assigned to a disability trust is not countable income for purposes of her Medicaid

eligibility. So she asks the district court to find that the annuity payments are not

countable income.

As with Counts I and II, the injury that underlies Count III is the termination

of J.G.’s Medicaid benefits. J.G. tried curing that injury through the administrative

proceedings and relied on the same points that are now alleged in Count III. In her

brief to ALJ Light, she stated that “[t]he original pleadings establishing the J.G.

Disability Trust specifically authorize the guardian/conservator to transfer the

annuity payments to the Disability Trust which was done without exception.” R. Vol.

2 at 155. She then argued that “[t]he annuity payments cannot be counted as income

to J.G. because they are not available to her nor can the payments be accessed or used

for J.G.’s support.” R. Vol. 2 at 156. She raised similar arguments in her brief to ALJ

Nierenz.

Through Count III, then, J.G. asks the court to review a matter that was

already addressed during the administrative proceedings. This is also proven by her

allegation that ALJs Nierenz and Light incorrectly characterized the annuity. See R.

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Vol. 1 at 120 (“[N]either the Initial Decision nor the Final Agency Decision is correct

under federal law.”). Though J.G. is dissatisfied with how the matter was decided,

claim preclusion bars our review here.

We find that the identity-of-claims element is satisfied as to Count III.

iv. Count V

In Count V, J.G. alleges that ALJ Nierenz violated 42 U.S.C. § 1396a(r)(2)(A)

by “counting income and resources for [her Medicaid eligibility] in a manner that is

more restrictive than the [Supplemental Security Income] program.” R. Vol. 1 at 124.

Once again, the injury underlying J.G.’s Count V is the loss of her Medicaid

benefits. During the administrative proceedings, she sought redress for the same

injury and raised the same argument. In her brief to ALJ Light, J.G. also cited

§ 1396a(r)(2)(A) to argue that “[t]he Department is required to use the same

methodology as that used by [the Supplemental Security Income program].” R. Vol. 2

at 152. Further, we’ve already noted that during the administrative proceedings,

many of J.G.’s arguments concerned why the reversionary trust and the annuity

weren’t countable resources or income. See supra Sections I.b.ii–iii.

J.G. even alleges that “[t]he decision of [] ALJ [Light] in this case is correct

under federal law,” while “[t]he decision of [ALJ] Nierenz is incorrect.” R. Vol. 1 at

125. She’s thus candid that through Count V, she merely seeks review of a matter

already raised and decided.

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The identity-of-claims element is satisfied as to Count V. And in sum, we hold

that the district court didn’t err in concluding that Colorado’s four-part claim-

preclusion test was satisfied as to each of J.G.’s claims.

c. J.G.’s Section 1983 Arguments

Before moving on, we briefly address two of J.G.’s arguments related to 42

U.S.C. § 1983. First, she argues that claim preclusion does not apply to “unreviewed

administrative proceedings where Section 1983 was not raised nor could it be raised.”

Op. Br. at 19. Second, she says that she wasn’t required to exhaust state

administrative remedies before filing a federal complaint containing § 1983 claims.

Id. at 13. Neither argument is persuasive.

To establish a § 1983 claim, a plaintiff must show that she was deprived of a

federally protected right. Crown Point I, LLC v. Intermountain Rural Elec. Ass’n, 319

F.3d 1211, 1216 (10th Cir. 2003). Merely alleging a violation of federal law is not

enough. Mandy R. ex rel. Mr. and Mrs. R. v. Owens, 464 F.3d 1139, 1146 (10th Cir.

2006). And merely labeling claims as “Section 1983 claims” is not enough, because

Colorado’s claim-preclusion analysis does not focus on how claims are styled. Argus,

109 P.3d at 608–09. We must look at the substance of each claim. Id.

Nowhere in J.G.’s complaint does she allege that she was deprived of a

federally protected right. Nowhere in her briefing does she say which rights were

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violated.6 Nor does she ever allege that any applicable statutes, regulations, or

policies are invalid or unconstitutional.7 J.G.’s claims are instead based on alleged

violations of federal law. That, alone, does not make them § 1983 claims. Mandy R.,

464 F.3d at 1146.

We acknowledge that during her administrative proceedings, J.G. could not

have raised constitutional claims under § 1983. Had she challenged the

constitutionality of a Department regulation, for example, ALJs Light and Nierenz

would have been powerless under Colorado law to declare it unconstitutional. See 10

Colo. Regs. 2505-10, § 8.057.8.E. Separately, J.G. is correct that a plaintiff needn’t

exhaust state administrative proceedings before filing a federal complaint containing

§ 1983 claims. Tonkovich v. Kan. Bd. of Regents, 159 F.3d 504, 519 (10th Cir. 1998).

But these principles do not help her. They are relevant when a party asserts true

§ 1983 claims—that is, claims involving alleged violations of federally protected

rights. J.G.’s claims do not contain those allegations, so they are not § 1983 claims.

Despite that conclusion, we are not deciding whether J.G. has private rights of

action under the statutes that she alleges were violated. Indeed, multiple circuits have

6
J.G. does say that ALJ Nierenz’s Final Decision “is specifically violative of
federal rights because it allegedly ignored federal rights-creating language,” yet she
doesn’t specify which rights were violated. Op. Br. at 25.
7
The district court made a similar observation in its order denying J.G.’s
motion for reconsideration. See R. Vol. 3 at 241 (“Tellingly, Plaintiff does not cite
any specific paragraphs from her Amended Complaint where she asserted a facial
challenge to Department regulations or policies, nor did the Court discern any in its
review of the Amended Complaint.”).

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held that 42 U.S.C. § 1396a(10), on which Count I is based, creates a private right of

action through § 1983. See, e.g., Watson v. Weeks, 436 F.3d 1152, 1162 (9th Cir.

2006); Sabree ex rel. Sabree v. Richman, 367 F.3d 180, 183 (3d Cir. 2004); S.D. ex

rel. Dickson v. Hood, 391 F.3d 581, 605–06 (5th Cir. 2004). But the Ninth Circuit

has held that 42 U.S.C. § 1396a(a)(17), on which Count II is partially based, does not

create a private right of action. Watson, 436 F.3d at 1162. As for the remaining

statutes that J.G. cites, neither our circuit nor others have decided whether they create

private rights of action. And we don’t confront those questions here, for the parties

haven’t discussed them in their briefs. United States v. Chee, 514 F.3d 1106, 1112

n.1 (10th Cir. 2008).

Regardless, this appeal’s outcome doesn’t turn on whether the relevant statutes

create private rights of action through § 1983. Even if they do, it remains true that the

injury underlying J.G.’s claims is her loss of Medicaid benefits. As we’ve noted

repeatedly, that is the same injury that J.G. sought to remedy during her

administrative proceedings. And under Colorado claim-preclusion law, the identity-

of-claims element is satisfied when a party seeks redress for the same injury as

before. Gale, 923 F.3d at 1256. J.G. cannot avoid that conclusion.

II. Order Denying Motion for Reconsideration and Motion to Amend

After granting ALJ Nierenz and Director Bimestefer’s motion to dismiss, the

district court entered a final judgment that dismissed Claims I, II, III, and V with

prejudice. One month later, J.G. moved for reconsideration under Federal Rule of Civil

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Procedure 59(e) and to amend her complaint. The district court denied both motions, and

J.G. argues that the court erred by doing so.

We review the denial of a motion to amend for abuse of discretion. Ketchum v.

Cruz, 961 F.2d 916, 920 (10th Cir. 1992). Generally, leave to amend should be freely

given when justice so requires. Fed. R. Civ. P. 15(a)(2). But once a judgment is entered,

that presumption is reversed, and “the filing of an amended complaint is not permissible

until judgment is set aside or vacated pursuant to Fed. R. Civ. P. 59(e) or 60(b).” The

Tool Box, Inc. v. Ogden City Corp., 419 F.3d 1084, 1087 (10th Cir. 2005) (citations

omitted). “To hold otherwise would enable the liberal amendment policy of Rule 15(a) to

be employed in a way that is contrary to the philosophy favoring finality of judgments

and the expeditious termination of litigation.” Id. (citation omitted).

J.G. acknowledges the above precedent but says that allowing amendment is

appropriate if we conclude that her motion for reconsideration should have been granted.

We review the denial of a motion for reconsideration for abuse of discretion. Wright ex

rel. Tr. Co. of Kan. v. Abbott Lab’ys, Inc., 259 F.3d 1226, 1235 (10th Cir. 2001). A

motion for reconsideration may be granted when “the court has misapprehended the facts,

a party's position, or the controlling law.” Nelson v. City of Albuquerque, 921 F.3d 925,

929 (10th Cir. 2019) (citation omitted).

J.G. hasn’t identified a misapprehension of any facts, arguments, or law that

warrants granting her reconsideration motion. Throughout her briefing on appeal, she

presents arguments and issues that she could have raised—and did raise—during the

administrative proceedings and before the district court. Those matters are inappropriate

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Appellate Case: 21-1194 Document: 010110716748 Date Filed: 07/27/2022 Page: 19

for a reconsideration motion. See Servants of the Paraclete v. Does, 204 F.3d 1005, 1012

(10th Cir. 2000) (motions for reconsideration are inappropriate for “revisit[ing] issues

already addressed or advanc[ing] arguments that could have been raised in prior

briefing”). Thus, we see no error in the district court’s denial of J.G.’s motion for

reconsideration. And because the district court correctly denied the motion for

reconsideration, it also correctly denied J.G.’s motion to amend. See Tool Box, 419 F.3d

at 1087.

Moreover, “[c]ourts have refused to allow a postjudgment amendment when . . .

the moving party had an opportunity to seek the amendment before entry of judgment but

waited until after judgment before requesting leave.” Id. at 1088. If J.G. truly meant to

allege violations of federally protected rights under § 1983, she could have amended her

complaint to add those claims before the district court entered judgment. She offers no

reason for us to think otherwise.

We conclude that the district court didn’t abuse its discretion in denying J.G.’s

motion for reconsideration and motion to amend.

CONCLUSION

The district court’s orders are affirmed.

Entered for the Court

Gregory A. Phillips
Circuit Judge

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