Petitioner Leonard Thurman filed suit against Respondent Medical Transportation Management, Inc. for failure to provide transportation, which is guaranteed by regulation, under 42 C.F.R. § 431.53 Assurance of Transportation.

In its opinion below, the U.S. Court of Appeals for the Fifth Circuit and District Court stated that definitive guidance is lacking from the United States Supreme Court as to whether an administrative regulation may establish a federal right enforceable under 42 U.S.C. § 1983. The District Court order dismissing the case stated that "federal courts are divided as to whether a federal regulation can create a federal right." (App. 14a) The Fifth Circuit described the lack of clarity on this issue, stating "[I]t is not clear that regulations can be considered 'laws' for purposes of creating a right actionable under section 1983.") Citing Wright v. Roanoke Redev. & Hous. Auth., 479 U.S. 418, 437-39 (1987) (O'Connor, J., dissenting). The Fifth Circuit also acknowledged a circuit split between the Sixth Circuit and several sister circuits. (App.6a, 7a).

The Question Presented Is:

Whether an administrative regulation may establish a federal right enforceable under 42 U.S.C. § 1983.

Whether an administrative regulation may establish a federal right enforceable under 42 U.S.C. § 1983