Boyland v. Wing

• Decision Date: 27 March 2007
• Docket Number: No. 92-CV-1002 (JFB)(CLP).,92-CV-1002 (JFB)(CLP).
• Citation: 487 F.Supp.2d 161
• Parties: Geraldine BOYLAND, Joan and Robert Ford, and Phillis Scirica, on Behalf of Themselves and All Others Similarly Situated, Plaintiffs, v. Brian J. WING, as Commissioner of the Office of Temporary and Disability Assistance of the New York State Department of Family Assistance, and Jason A. Turner, as Commissioner of the New York City Department of Social Services, Defendants.
• Court: U.S. District Court — Eastern District of New York

487 F.Supp.2d 161

Geraldine BOYLAND, Joan and Robert Ford, and Phillis Scirica, on Behalf of Themselves and All Others Similarly Situated, Plaintiffs, v. Brian J. WING, as Commissioner of the Office of Temporary and Disability Assistance of the New York State Department of Family Assistance, and Jason A. Turner, as Commissioner of the New York City Department of Social Services, Defendants.

No. 92-CV-1002 (JFB)(CLP).

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

March 27, 2007.

COPYRIGHT MATERIAL OMITTED

Peter Vollmer, Vollmer & Tanck, Jericho, Atrium, Jericho, NY, for Plaintiffs.

Andrew M. Cuomo, New York. State Attorney General, by John P. Gasior, Assistant Attorney General, New York City, for the State Defendant.

Michael A. Cardozo, Corporation Counsel of the City of New York by Jane Tobey Momo, Office of Corporation Counsel, New York City, for the City Defendant.

MEMORANDUM AND ORDER

BIANCO, District Judge.

Plaintiffs Geraldine Boyland, Joan and Robert Ford, and Phillis Scirica bring this class action on behalf of themselves and other similarly situated New York City residents who sought the assistance of the New York City Department of Social Services ("DSS" or the "City") or one of its agents to resolve a heat-related energy emergency at any time since February 27, 1989 and (1) were not provided with an emergency benefit under the Home Energy Assistance Program ("E-HEAP") due to the failure of DSS or its agents to inform them of the availability of such benefits, or (2) did not receive timely notice of an E-HEAP eligibility determination or some form of assistance to resolve the energy emergency within forty-eight hours of the resident's request, or within eighteen hours if under life-threatening circumstances, or (3) received a statefunded loan pursuant to New York Social Services Law 131-s to resolve the heatrelated energy crisis without evaluation of eligibility for an E-HEAP benefit, and were compelled to repay such state funds. Plaintiffs allege past and present violations of their due process rights, and of federal and state law by the City and the Office of Temporary and Disability Assistance of the New York State Department of Family Assistance (the "State") (collectively, "defendants"), as a result of defendants' policies and practices relating to E-HEAP. The central issues in this case are whether (1) the federal E-HEAP statute creates rights that are enforceable under 42 U.S.C. 1983, (2) defendants currently employ constitutionally inadequate procedures in administering E-HEAP that warrant prospective relief under the Due Process Clause and (3) the Eleventh Amendment of the Constitution bars the retroactive relief for due process violations sought by plaintiffs.

Plaintiffs now move for summary judgment on their claims. Defendants oppose plaintiffs' motion and cross-move for summary judgment as to all of plaintiffs' claims. For the reasons set forth below, the Court concludes: (1) the federal E-HEAP statute does not create a private right of action; (2) the current procedures employed by defendants in administering E-HEAP are constitutionally adequate and no continuing due process violation exists warranting prospective relief; and (3) any retroactive relief for past due process violations relating to E-HEAP are barred by the Eleventh Amendment. Thus, plaintiffs' motion is denied, defendants' cross-motion is granted, and plaintiffs' claims are dismissed.

I. BACKGROUND

A. Facts

A related case addressing non-emergency,' or "regular," HEAP benefits was initiated in 1998, and involved the same defendants and many members of the plaintiff class in this case. The regular HEAP case was resolved by a decision by the Honorable Nina Gershon, which was affirmed in part and vacated in part by the Second Circuit Court of Appeals. See Kapps v. Wing, 283 F.Supp.2d 866 (E.D.N.Y.2003) (Gershon, J.), aff'd in part, vacated in part, 404 F.3d 105 (2d Cir.2005). The two published decisions in the regular. HEAP case each provide a detailed summary of the HEAP program, including descriptions of the federal statute that established the HEAP program, the Low — Income Home Energy Assistance Act ("LIHEAA"), New York State law pertaining to HEAP, and the procedures employed by defendants for distributing regular HEAP benefits.

Moreover, in a Memorandum and Order issued in this action on April 6, 2001, the Honorable David G. Trager certified the plaintiff class and provided an extensive summary of the statutory framework governing the distribution of E-HEAP benefits. See Boyland v. Wing, No. 92 Civ. 1002(DGT), 2001 WL 761180 (E.D.N.Y. April 6, 2001). Thus, based on the extensive attention courts have devoted to this action and to the HEAP program in general, this Court assumes the parties' familiarity with the facts and background of this case and, in particular, with the statutory framework governing the distribution of HEAP and E-HEAP benefits in New York City.

B. Procedural History

The original complaint in this action was filed in March 1992. Plaintiffs filed an amended complaint, on February 8, 2000. Plaintiffs moved for summary judgment on January 19, 2004. The City defendant cross-moved for summary judgment on February 3, 2004. The State filed a cross-motion for summary judgment on September 19, 2003.

On September 30, 2004, Judge Trager granted the parties' request to hold the motion and cross-motions in abeyance pending the Second Circuit's decision in Kapps. The. Second Circuit issued its decision on April 4, 2005. Subsequently, on February 1, 2006, the case was reassigned to this Court. The Court heard argument on the pending motion and cross-motions on April 21, 2006. Thereafter, the parties submitted additional briefs to the Court regarding the pending motions. The final supplemental brief was submitted to the Court on March 14, 2007.

II. MOTIONS FOR SUMMARY JUDGMENT

A. Summary Judgment Standard

The standards for summary judgment are well settled. Pursuant to Rule 56(c) of the Federal Rules of Civil Procedure, a court may not grant a motion for summary judgment unless "the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c) Globecon Group, LLC v. Hartford Fire Ins. Co., 434 F.3d 165, 170 (2d Cir.2006). The moving party bears the burden of showing that he or she is entitled to summary judgment. See Huminski v. Corsones, 396 F.3d 53, 69 (2d Cir.2005). Once the moving party has met its burden, the opposing party "must do more than simply show that there is some metaphysical doubt as to the material facts.... [T]he nonmoving party must come forward with specific facts showing that there is a genuine issue for trial." Caldarola v. Calabrese, 298 F.3d 156, 160 (2d Cir.2002) (quoting Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986)).

At the summary judgment stage, the court "is not to weigh the evidence but is instead required to view the evidence in the light most favorable to the party opposing summary judgment, to draw all reasonable inferences in favor of that party, and to eschew credibility assessments." Amnesty Am. v. Town of W. Hartford, 361 F.3d 113, 122 (2d Cir.2004); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (summary judgment is unwarranted if "the evidence is such that a reasonable jury could return a verdict for the nonmoving party"). As the Supreme Court stated in Anderson, "[i]f the evidence is merely colorable, or is not significantly probative, summary judgment may be granted." 477 U.S. at 249-50, 106 S.Ct. 2505 (citations omitted). Indeed, "the mere existence of some alleged factual dispute between the parties" alone will not defeat a properly supported motion for summary judgment. Id. at 247-48, 106 S.Ct. 2505. Thus, the nonmoving party may not rest upon mere conclusory allegations or denials, but must set forth "concrete particulars" showing that a trial is needed. R.G. Group, Inc. v. Horn & Hardart, 751 F.2d 69, 77 (2d Cir.1984) (internal quotations omitted). Accordingly, it is insufficient for a party opposing summary judgment "merely to assert a conclusion without supplying supporting arguments or facts." BellSouth Telecomms., Inc. v. W.R. Grace & Co., 77 F.3d 603, 615 (2d Cir.1996) (internal quotations omitted).

B. Standing

Defendants¹ argue that, because the named plaintiffs have not sought E-HEAP benefits during the past three years, plaintiffs lack standing or, in the alternative, that the named plaintiffs are no longer adequate representatives of the plaintiff class. (See City Dft.'s Ltr. dated Aug. 11, 2006; City Dft.'s Ltr. dated July 21, 2006.) For the reasons that follow, the Court finds that the named plaintiffs have standing and that the named plaintiffs remain adequate representatives of the plaintiff class.

Under Article III, standing to bring suit in federal court is limited to a plaintiff who can "show that the conduct of which he complains has caused him to suffer an `injury in fact' that a favorable judgment will redress." Elk Grove Unified School Dist. v. Newdow, 542 U.S. 1, 12, 124 S.Ct. 2301, 159 L.Ed.2d 98 (2004); see also Ziemba v. Rell, 409 F.3d 553, 555 (2d Cir.2005). Further, among other standing requirements, "a plaintiffs alleged injury must be an invasion of a concrete and particularized legally protected interest." McConnell v. Fed. Election Comm'n, 540 U.S. 93, 107, 124 S.Ct. 619, 157 L.Ed.2d 491 (2003); see also Ziemba, 409 F.3d at 554.

In this case, the Court finds that the named plaintiffs have standing. Plaintiffs Geraldine Boyland, Robert and Joan Ford, and Phyllis Scirica argue that they were denied E-HEAP benefits without constitutionally adequate process. (See Pls.' 56.1 ¶¶ 143-256.) Since the commencement of this action,...