Koster v. Webb, 82 Civ. 2892.

• Decision Date: 09 November 1983
• Docket Number: No. 82 Civ. 2892.,82 Civ. 2892.
• Citation: 598 F. Supp. 1134
• Parties: Florence KOSTER, John Koster, Donna Koster, John Koster, Jr., Helen Koster, Janet Koster, Edward Koster, Patricia Weatherly, La Shonta Weatherly, Morris Weatherly, Christopher Weatherly and Terrel Weatherly, on their own behalves and on behalf of all others similarly situated, Plaintiffs, v. Arthur Y. WEBB, as Acting Commissioner of the New York State Department of Social Services, Francis T. Purcell, as Executive of the County of Nassau, and Joseph A. D'Elia, as Commissioner of the Nassau County Department of Social Services, Defendants.
• Court: U.S. District Court — Eastern District of New York

598 F. Supp. 1134

Florence KOSTER, John Koster, Donna Koster, John Koster, Jr., Helen Koster, Janet Koster, Edward Koster, Patricia Weatherly, La Shonta Weatherly, Morris Weatherly, Christopher Weatherly and Terrel Weatherly, on their own behalves and on behalf of all others similarly situated, Plaintiffs, v. Arthur Y. WEBB, as Acting Commissioner of the New York State Department of Social Services, Francis T. Purcell, as Executive of the County of Nassau, and Joseph A. D'Elia, as Commissioner of the Nassau County Department of Social Services, Defendants.

No. 82 Civ. 2892.

United States District Court, E.D. New York.

November 9, 1983.

Vicki Lens, Nassau Suffolk Law Services, Hempstead, N.Y., Robert M. Hayes, Coalition for the Homeless, New York City, for plaintiffs.

Howard Zwickel, Asst. Atty. Gen., New York City, for Webb.

Bruce J. Adams, Deputy County Atty., Mineola, N.Y., for D'Elia and Purcell.

MEMORANDUM AND ORDER

GLASSER, District Judge:

This is an action under 42 U.S.C. § 1983 alleging that defendants have unlawfully denied plaintiffs emergency shelter in violation of federal law. Plaintiffs also allege violations of New York State law, invoking the Court's pendent jurisdiction. See United Mine Workers of America v. Gibbs, 383 U.S. 715, 86 S.Ct. 1130, 16 L.Ed.2d 218 (1966). Defendants Purcell and D'Elia move pursuant to Fed.R.Civ.P. 12(b)(6) to dismiss the complaint for failure to state a claim upon which relief can be granted, and Fed.R.Civ.P. 56 for summary judgment. Because matters outside of the pleadings have not been presented to and accepted by the Court, this case is not ripe for summary judgment. Furthermore, because I find that plaintiffs' complaint states both a federal claim under 42 U.S.C. § 1983 as well as a valid pendent state law claim, the Rule 12(b)(6) motion is denied in its entirety.

Facts

Plaintiffs named in the complaint comprise two needy homeless families living in Nassau County. They allege that defendants have arbitrarily denied them emergency shelter in violation of both federal and state law. Specifically, the members of the Koster family allege that on September 2, 1982 they were evicted from their home because their landlord wished to use the premises for his own family. Complaint, ¶ 31. The Kosters, who had been receiving public assistance since 1979, Complaint, ¶ 30, repeatedly asked the defendants for emergency shelter. Complaint, ¶ 32. Except for a three day period in early September, these requests were denied. Complaint, ¶ 33. The denials were not in writing. Complaint, ¶ 57.

The Weatherly family, also recipients of public assistance, Complaint, ¶ 44, were rendered homeless on May 20, 1982 when their apartment was completely destroyed by fire. Complaint, ¶ 45. The Weatherlys requested emergency shelter from defendants and were placed in a single room with one bed and one cot without bathroom or cooking facilities. Complaint, ¶ 48. A subsequent request by a social worker on behalf of the Weatherlys for other shelter was denied by defendants. Complaint, ¶ 48. The Weatherlys, five in number, lived in this room for 12 days before Mrs. Weatherly obtained permanent housing. Complaint, ¶ 49.

In addition to their allegations that they have individually been denied emergency shelter, both the Kosters and the Weatherlys, on behalf of a proposed class of needy homeless families in Nassau County, allege that defendants have neither implemented a plan to provide shelter for such families, Complaint, ¶ 39, nor maintain any shelters for needy homeless families in Nassau County. Complaint, ¶ 40. Plaintiffs allege further that defendants either refused to provide needy homeless families with emergency shelter, Complaint, ¶ 42, or referred needy homeless families to grossly substandard shelters which are a hazard to health and safety. Complaint, ¶ 41.

Plaintiffs allege, both individually and on behalf of the proposed class, as causes of action against moving defendants, federal violations of the Social Security Act and state violations of the New York Social Services Law and the New York State Constitution. Specifically, they allege that defendants Purcell and D'Elia, acting under color of state law, denied plaintiffs emergency shelter, thereby violating the Social Security Act and the equal protection and due process clauses of the United States Constitution. As pendent state claims plaintiffs allege that moving defendants have violated the New York Social Service Law, the New York Code of Rules and Regulations, as well as provisions of the New York State Constitution safeguarding care for the needy, equal protection under the State's laws and due process of law.

Plaintiffs seek declaratory and injunctive relief as well as damages, costs and attorneys' fees.

Discussion

Moving defendants' motion to dismiss cannot be granted unless, taking plaintiffs' allegations as true, the complaint fails to state a cause of action. In other words, plaintiffs' "complaint will not be dismissed for failure to state a claim unless it appears beyond doubt that plaintiffs can prove no set of facts in support of their claim which would entitle them to relief." Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101-102, 2 L.Ed.2d 80 (1957).

In a far reaching affidavit in support of the motion, moving defendants' attorney makes a variety of legal arguments, only some of which are relevant to a motion to dismiss for failure to state a claim. Moving defendants apparently also seek to challenge the court's jurisdiction and to respond affirmatively to the complaint by way of denial and affirmative defense.

Considering first the court's jurisdiction to entertain this suit, the law is clear that individual citizens may seek to enforce federal statutory rights in federal court against state defendants pursuant to 28 U.S.C. § 1331 and 42 U.S.C. § 1983. 28 U.S.C. § 1331 gives this court jurisdiction over all cases arising under the Constitution or laws of the United States regardless of the amount in controversy. This includes lawsuits brought pursuant to 42 U.S.C. § 1983.

It is also clear that 42 U.S.C. § 1983 may be used by plaintiffs to enforce their purported right to emergency shelter under the Social Security Act. In Maine v. Thiboutot, 448 U.S. 1, 100 S.Ct. 2502, 65 L.Ed.2d 555 (1980), the Supreme Court unequivocally held that 42 U.S.C. § 1983 "encompasses claims based on purely statutory violations of Federal law." Id. at 2, 3, 100 S.Ct. at 2503, 2504. Similarly, the Supreme Court has held that "suits in Federal court under § 1983 are proper to secure compliance with the provisions of the Social Security Act on the part of participatory states." Edelman v. Jordan, 415 U.S. 651, 675, 94 S.Ct. 1347, 1361, 39 L.Ed.2d 662 (1974) citing, Rosado v. Wyman, 397 U.S. 397, 90 S.Ct. 1207, 25 L.Ed.2d 442 (1970).

More difficult, however, is whether under the Social Security Act plaintiffs are entitled to the emergency shelter they seek. Apparently no other court has passed on this question.

The federal Social Security Act provides for grants to states for aid and services to needy families with children. See 42 U.S.C. §§ 301, et seq. The grants are embodied in the federal aid to families with dependent children ("AFDC") program, 42 U.S.C. §§ 601-610, and provides for emergency assistance to families, 42 U.S.C. § 606(e). These social services are administered by voluntarily participating states and provide assistance to needy children and needy families. States which choose to participate in the program must submit and have approved by the Secretary of Health and Human Services a plan for administering the programs. 42 U.S.C. § 601. Federal regulations implementing the Social Security Act establish the minimum standards that the state plans must meet. 45 C.F.R. § 233.120(a). Financing for the programs is provided in part by the federal government on a matching fund basis. New York State participates in both programs, N.Y. Soc.Serv.Law §§ 343 et seq., and the State's plan, which has been approved by the Secretary of Health and Human Services, is set forth in its regulations. Appendix A to plaintiffs' Brief in Opposition; See 18 N.Y.C.R.R. § 372 et seq.

States which participate in the AFDC program have broad discretion in determining how to disburse AFDC resources. An individual state may determine "its own standard of need as well as the level of benefits by the amount of funds it devotes to the program." King v. Smith, 392 U.S. 309, 318-19, 88 S.Ct. 2128, 2133-34, 20 L.Ed.2d 1118 (1968). A voluntarily participating state, however, must comply with the applicable federal legislation and implementing regulations. Carleson v. Remillard, 406 U.S. 598, 92 S.Ct. 1932, 32 L.Ed.2d 352 (1972); Townsend v. Swank, 404 U.S. 282, 92 S.Ct. 504, 30 L.Ed.2d 448 (1971), cited in Barrera v. Dep't of Institutions, 374 A.2d 1219, 1221, 150 N.J.Super. 41 (App.Div.1977).

Section 606(e) of Title 42 provides that "emergency assistance to needy families with children" shall include payments, care or services "to avoid destitution of a needy child or to provide living arrangements in a home for such child." Although the federal statute and its implementing regulations do not explicitly require participating states to supply emergency shelter to homeless families with needy children eligible for emergency assistance, the participating states are required to specify in its AFDC plan whether securing family shelter is one of the services to be provided. See 45 C.F.R. § 233.120(a)(4). New York's plan states that "securing family shelter" is one of the kinds of services New York State will provide to meet emergency needs or crisis situations of needy families with children. New York State's administrative regulations implementing the plan further state that "securing family shelter" is one of the services necessary to cope with emergency situations which "shall be provided" by the state. 18 N.Y. C.R.R. § 372.4(d). Also, the...