Briggs v. Bremby
| Decision Date | 04 December 2012 |
| Docket Number | CIVIL ACTION NO. 3:12cv324(VLB) |
| Court | U.S. District Court — District of Connecticut |
| Parties | JAMES BRIGGS, PLAINTIFF, Individually and on behalf of all other persons similarly situated v. RODERICK BREMBY, in his official capacity as Commissioner of the State of Connecticut Department of Social Services, DEFENDANT. |
The Plaintiff, James Briggs, individually and on behalf of all other persons similarly situated brings this action against Roderick Bremby, in his official capacity as the Commissioner of the Department of Social Services, for failing to provide timely benefits in violation of the Food and Nutrition Act of 2008, formerly known as the Food Stamp Act, 7 U.S.C. §2020 ("FSA"). Before the Court is Plaintiffs' motion for preliminary injunction pursuant to Fed. R. Civ. P. 65 seeking to enjoin the Defendant from failing or refusing to timely process all applications for food stamps and to provide foods stamps on a timely basis to all eligible households and individuals. Also before the Court is Defendant's motion to dismiss Plaintiffs' complaint pursuant to Fed. R. Civ. 12(b)(6). Defendant argues that the complaint must be dismissed and the motion for preliminary injunction denied because individuals have no right to enforce the FSA. For the foregoingreasons, the Court finds that the FSA creates a private right of action enforceable under 42 U.S.C. § 1983. The Court therefore denies Defendant's motion to dismiss and grants Plaintiffs' motion for a preliminary injunction.
Plaintiffs are indigent individuals seeking benefits from the Supplemental Nutrition Assistance Program ("SNAP") commonly known as food stamps from the Connecticut Department of Social Services ("DSS"). [Dkt. #1, Compl., ¶1].
Plaintiffs allege that DSS has failed to ensure the processing of food stamp applications in a timely manner on a state wide basis. Id. at ¶2. Federal government provides complete funding to the states for all benefits under the Food Stamp Program and at least 50% of the states' administrative costs involved in the operation of the program. Id. at ¶20. Each state must designate a single state agency responsible for administering the Food Stamp Program and complying with federal food stamp statutory and regulatory requirements. Id. at ¶21. DSS is the single state agency in Connecticut responsible for administering the Food Stamp Program. Id. at ¶22.
The FSA and implementing regulations of the Food and Nutrition Service ("FNS") of the U.S. Department of Agriculture require DSS to process food stamp applications on a timely basis. DSS must provide food stamps to eligible applicants no later than 30 calendar days after date of application. Id. at ¶24 (citing 7 U.S.C. §2020(3)(3); 7 C.F.R. §§273.2(a), (g)(1)).
Expedited issuance of food stamps is available to households in immediate need: (1) those with very low gross income and liquid resources (less than $150 per month and no more than $100, respectively); (b) those with combined gross income and liquid resources that are less than the monthly household rent or mortgage, and utilities; and (c) those constituting destitute migrant or seasonal farmworker households. Id. at ¶25 (citing 7 U.S.C. §2020(e)(9); 7 C.F.R. §273.2(a)(2), (i)(1)). Expedited food stamps must be provided to eligible households no later than the seventh calendar day following date of application. Id. at ¶26 (citing 7 U.S.C. §2020(e)(9)(A); 7 C.F.R. § 273.2 (i)(3)(i)).
DSS and FNS gave a joint presentation to the Connecticut General Assembly and DSS reported a six-month average of 16,041 food stamp applications per month. DSS has "described the agency's food stamp 'timeliness rate' as follows: 2006 - 81.43%, 2007 - 82.99%, 2008 - 83.01%, 2009 - 79.11%, 2010 - 59.49%." Id. at ¶29. DSS submitted a Food Stamp Corrective Action Plan to FNS in May 2008 stating that "CT has an unacceptable rate of timeliness in application processing." Id. at ¶30.
The named Plaintiff, Mr. Briggs, applied for food stamps on January 20, 2012. Id. at ¶31. On February 19, 2012, Briggs received a request for verification from DSS dated February 9, 2012 asking for proof of citizenship which he faxed on February 10, 2012. Id. at ¶32. Mr. Briggs received a notice from DSS dated February 22, 2012 stating that his application was delayed since it still needed verification. Id. at ¶33. Mr. Briggs unsuccessfully tried to reach DSS at the telephone number listed on the written notice several times. Id.
The named Plaintiff brings this action on behalf of a class defined as follows: "All Connecticut residents who, since March 5, 2009 have applied, are applying, or will apply for food stamps from the Connecticut Department of Social Services." Id. at ¶10.
Plaintiffs' first claim is for violation of the Food Stamp Act, 7 U.S.C. §2020(e)(3) and 7 C.F.R. §273.2(a)(2), (g)(1) for failing to provide food stamps benefits within 30 days of the date of application pursuant to Section 1983. Id. at ¶37.
Plaintiffs' second claim is for violation of the Food Stamp Act, 7 U.S.C. §2020(e)(9)(A) and 7 C.F.R. §273.2(a)(2), (i)(2), (i)(3)(i) for failing to provide food stamps benefits on an expedited basis within 7 days of the date of application pursuant to Section 1983. Id. at ¶39.
Plaintiffs seek declaratory and injunctive relief. Plaintiffs seek a declaratory judgment declaring that the Defendant's policies and practices violated the FSA and the implementing regulations of the FNS. Plaintiff also seek preliminary and permanent injunctive relief requiring Defendant to process all application for food stamps and issue benefits within the time frames mandated by the FSA and the implementing regulations promulgated by FNS.
The FSA, originally enacted August 31, 1964, "is a complex federal funding statute that grants monies to the states for the operation of food stamp programs." Williston v. Eggleston, 379 F.Supp.2d 561, 564 (S.D.N.Y. 2005) (citingPublic Law 88-525; 78 STAT. 703). The FSA authorized the establishment of a supplemental nutrition assistance program to alleviate "hunger and malnutrition" and designed to "permit low-income households to obtain a more nutritious diet through normal channels of trade by increasing food purchasing power for all eligible households who apply for participation." 7 U.S.C. §2011.
The Act mandates that the Secretary of Agriculture "shall issue such regulations consistent with this chapter as the Secretary deems necessary or appropriate for the effective and efficient administration of the supplemental nutrition assistance program." 7 U.S.C. 2013(c). The Act further provides that "[a]ssistance under this program shall be furnished to all eligible households who make application for such participation." 7 U.S.C. §2014(a).
Section 2020 governs the administration of the food stamp program and provides that the "State agency of each participating State shall have responsibility for certifying applicant households and issuing EBT cards." 7 U.S.C. §2020(a). Each State agency "shall submit for approval a plan of operation specifying the manner in which such program will be conducted within the State in every political subdivision." 7 U.S.C. §2020 (d). Section 2020(e) is titled the "[r]equisites of State plan of operation" and enumerates various requirements that each "State plan of operation ... shall provide." Under Section 2020(e)(3), one requisite of the State plan of operation is that the "State agency shall ... promptly determine the eligibility of each applicant household by way of verification of income ... so as to complete certification of and provide an allotment retroactive to the period of application to any eligible household notlater than thirty days following its filing of an application, and that the State agency shall provide each applicant household, at the time of application, a clear written statement explaining what acts the household must perform to cooperate in obtaining verification and otherwise completing the application process." 7 U.S.C. §2020 (e)(3).
Another requisite of the State plan of operation is that the 7 U.S.C. §2020 (e)(9).
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