Section 1983 of 42 U.S.C. affords every citizen redress for deprivation of any rights, privileges, or immunities in an action of law. Private citizens may enforce rights protected by federal law in federal court. Federal jurisdiction is obtained when a claim arises under federal law. In Health and Hospital Corporation of Marion County, Indiana v. Talevski, the issue presented was whether a third party to a contract pursuant to the Spending Clause has a privately enforceable right. Congress limits how a state may spend federal money by imposing regulations and conditions on funding. The appellant, in this case, argues he has a privately enforceable right because he is a third party to the funds supplied through the Medicaid program regulated by the Spending Clause.

The appellant was placed in a long-term care facility and transferred to a different facility because of his behavior. The family members of the appellant disagreed with the transfer and filed a claim pursuant to the Federal Nursing Home Amendments Act (FNHRA) of 1987. The FNHRA regulates whether nursing facilities receive Medicaid funding based on how their facility is managed. The claim filed states that as a private citizen who is a third party to the benefit of federal funds received through the Medicaid program, the appellant had the right to enforce the Spending Clause based on his how he was treated at the nursing facility.

The lower court dismissed the plaintiff’s complaint for failure to state a redressable claim. The United States Court of Appeals reversed that decision and recognized a viable claim pursuant to the Federal Nursing Home Amendments Act (FNHRA) of 1987 protected by 42 U.S.C. § 1983 in spite of how the nursing facility is being regulated by the Spending Clause. The petitioner, Health and Hospital Corporation of Marion County, Indiana, filed a writ of certiorari that was granted for review by the Supreme Court. The right to enforce federal spending in a private cause of action is implied in the Supreme Court case Wilder v. Virginia Hospital Association, where the Court determined there was a substantive federal right and it was not Congress’ intent to prevent redress of this privately enforceable right. This case will undoubtedly be crucial in deciding the question presented in Health and Hospital Corporation of Marion County, Indiana v. Talevski of whether the Spending Clause gives an enforceable right as a private party protected by 42 U.S.C. § 1983.