Denny v. HEALTH AND SOCIAL SERVICES BOARD OF STATE OF WISCONSIN DEPARTMENT OF HEALTH AND SOCIAL SERVICES
| Decision Date | 06 June 1968 |
| Docket Number | No. 67-C-426.,67-C-426. |
| Citation | 285 F. Supp. 526 |
| Parties | Lavon DENNY and Angelita DeCardenas, Individually and on behalf of all others similarly situated, Plaintiffs, v. HEALTH AND SOCIAL SERVICES BOARD OF the STATE OF WISCONSIN DEPARTMENT OF HEALTH AND SOCIAL SERVICES; Milwaukee County Department of Public Welfare; and J. E. Baldwin, Individually and as Director of the Milwaukee County Department of Public Welfare, Defendants. |
| Court | U.S. District Court — Eastern District of Wisconsin |
Godfrey, Trump & Davidson, Milwaukee, Wis., for plaintiffs.
Bronson C. La Follette, Atty. Gen., Madison, Wis., for defendant Health and Social Services Board.
William M. Hayden, Asst. Corporation Counsel, Milwaukee, Wis., for defendants Milwaukee County Department of Public Welfare and J. E. Baldwin.
Before FAIRCHILD, Circuit Judge, and REYNOLDS and GORDON, District Judges.
PRELIMINARY INJUNCTION
The above entitled matter having come on to be heard on May 27, 1968, before a three-judge district court, and the plaintiffs having appeared by Godfrey, Trump & Davidson, by Thomas W. Godfrey, and the Milwaukee County Department of Public Welfare having appeared by William Hayden, assistant corporation counsel, and all other defendants having waived their right to appear, and the court being advised in the premises,
Now, therefore, the court enters the following findings of fact, conclusions of law, and order.
Lavon Denny and Angelita DeCardenas are adult citizens of the United States and residents of Wisconsin. At the time said plaintiffs filed their complaint in this action on September 22, 1967, and also at the time they applied for public assistance or relief from the defendant, Milwaukee County Department of Public Welfare, they were residents of Wisconsin but had not been such residents for a continuous period of one year prior thereto. Said Lavon Denny and Angelita DeCardenas, in seeking to establish their eligibility for public assistance, did not meet the one year continuous residence requirement as set forth in Sections 49.01(7) and 49.09(3) Wis. Stats.1967.
By stipulation dated March 14, 1968, a temporary restraining order in this case, dated December 22, 1967, was extended to cover one Mercedes Santiago in addition to the two named plaintiffs. The plaintiffs are in fact acting on behalf of all others similarly situated, and these proceedings qualify as a class action as set forth in rule 23(a) and (b) (1) (B), Federal Rules of Civil Procedure. The members of the class are deemed to be all other persons who have applied or shall apply for public assistance or relief from the defendant, Milwaukee County Department of Public Welfare, and who fail to meet the one year continuous residency rule. It is...
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