Zeigler v. Kirschner

In Zeigler v. Kirschner, 162 Ariz. 77, 781 P.2d 54 (App. 1989), the plaintiffs filed an action against the director of the Arizona Health Care Cost Containment System (AHCCCS) for "declaratory and injunctive relief and restitution." 162 Ariz. at 78, 781 P.2d at 55. The trial court dismissed the complaint for lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted. Id. In reversing the trial court, we examined A.R.S. 12-820.01 and found that the statute was "intended to apply only to actions against public entities and public employees for money damages." Id. at 84, 781 P.2d at 61. Consequently, the Court held that the AHCCCS director was not, as a matter of law, immunized from injunctive and declaratory relief. Id.