Giguere v. Affleck

• Decision Date: 28 January 1974
• Docket Number: Civ. A. No. 5273.
• Parties: Aline GIGUERE et al. v. John J. AFFLECK, Individually and in his capacity as Director of the Rhode Island Department of Social and Rehabilitative Services.
• Court: U.S. District Court — District of Rhode Island

370 F. Supp. 154

Aline GIGUERE et al. v. John J. AFFLECK, Individually and in his capacity as Director of the Rhode Island Department of Social and Rehabilitative Services.

Civ. A. No. 5273.

United States District Court, D. Rhode Island.

January 28, 1974.

COPYRIGHT MATERIAL OMITTED

John M. Roney, and Jay C. Lipner, of R. I. Legal Services, Inc., Providence, R. I., for plaintiffs.

W. Slater Allen, Jr., and Donald P. Ryan, Asst. Attys. Gen., for R. I., Providence, R. I., for defendant.

OPINION

PETTINE, Chief Judge.

This civil class action for declaratory and injunctive relief alleges that the defendant, under color of state law, has deprived the plaintiffs and their class the rights and benefits to which they are entitled under the Federal Food Stamp Act, 7 U.S.C. § 2011 et seq., and the regulations and instructions promulgated thereunder by the United States Department of Agriculture.

Jurisdiction

It is urged that jurisdiction be based on 28 U.S.C. §§ 1331, 1337 and 1343(4).

Jurisdiction is noted under sections 1337 and 1343(4).¹

Section 1337

A proceeding arising under an Act of Congress Regulating Commerce

"The district courts shall have original jurisdiction of any civil action or proceeding arising under any Act of Congress regulating commerce. . . ." 28 U.S.C. § 1337.

While the clement recognition in the Act's declaration of policy which states that limited food purchasing power of low income families contributes to their hunger and malnutrition is the more humane intent expressed,² the fact remains that this was not the only purpose articulated by Congress. It also declared:

". . . . The Congress further finds that increased utilization of food in establishing and maintaining adequate national levels of nutrition will promote the distribution in a beneficial manner of our agricultural . . . economy as well as result in more orderly marketing and distribution of food. . . ." 7 U.S.C. § 2011.

Furthermore as has been argued to the court, the Food Stamp Program was formulated in the House Agriculture Committee and the Senate Committee on Agriculture and Forestry. (See Senate Report No. 1124, 88th Cong., 2nd Sess. (1964); House Report No. 1228, 88th Cong., 2nd Sess. (1964), U.S.Code Cong. & Admin.News 1964, p. 3275; Senate Report No. 292, 91st Cong., 1st Sess. (1969); House Report No. 1402, 91st Cong., 2nd Sess. (1970), U.S.Code Cong. & Admin.News 1970, p. 6025.) Unlike other public assistance welfare programs which are implemented in the Department of Health, Education and Welfare, this one is implemented and administered by the Department of Agriculture. Additionally it must be noted that to base jurisdiction on section 1337, ". . . it is not requisite that the commerce clause be the exclusive source of Federal power; it suffices that it be a significant one." Murphy v. Colonial Federal Savings and Loan Association, 388 F.2d 609, 615 (2d Cir. 1967).³ In Moreno v. United States Department of Agriculture, 345 F.Supp. 310 (D.D.C. 1972), aff'd 413 U.S. 528, 93 S.Ct. 2821, 37 L.Ed.2d 782 (1923), supra N. 2, we find supporting language at page 313:

"Under Section 1337, `it is not requisite that the commerce clause be the exclusive source of federal power; it suffices that it be a significant one.' (citing Murphy v. Colonial Federal Savings and Loan Association, supra.)

In addition to the alleviation of hunger and malnutrition, a major congressional purpose in establishing the food stamp program was to `strengthen our agricultural economy, as well as to result in more orderly marketing and distribution of food.' Footnote: 7 U.S.C. sec. 2011. See also the preamble to 78 Stat. 703 (1964); 7 U.S.C. sections 2012(b) and 2019(a); H.R.Rep.No.1228, 88th Cong., 2nd sess. (1964). Given that purpose, it is clear that the Commerce Clause was a `significant source of Federal power' behind the Food Stamp Act, and that this action `arising under' that act, is properly within the jurisdiction of this court."⁴

This broad approach is in accord with the better view of providing a federal forum to cases raising questions of the interpretation of federal statutes, without regard to the amount in controversy. See C. Wright, Federal Courts, sec. 32 at 110 (2nd Ed. 1970).

It is clear that the Program, arising under an act of Congress, has a sufficient agricultural and commercial purpose to provide section 1337 jurisdiction.

Section 1343

28 U.S.C. § 1343(4) provides an additional jurisdictional basis for the plaintiffs' claim.

While other courts may differ on this question, see, e. g. Wynn v. Indiana State Department of Public Welfare, 316 F.Supp. 324 (N.D.Ind.1970), I find compelling the reasoning of the Fifth Circuit that an action alleging that under color of state law certain federal statutes or regulations are being violated may state a claim under 42 U.S.C. § 1983, even absent an allegation of constitutional invalidity. Gomez v. Florida State Employment Service, 417 F.2d 569 (5th Cir. 1969).

"It is true that § 1983 has quite often been used as a means of protecting Constitutionally guaranteed rights, particularly in the area of equal protection of the Negro. But the language of this civil rights statute is broad: it is a violation of the statute to transgress `any rights, privileges, or immunities secured by the Constitution and laws' of the United States. 42 U.S.C.A. § 1983 (emphasis added). Moreover, the Supreme Court in Peacock v. City of Greenwood, 1964, 384 U.S. 808, 86 S. Ct. 1800, 16 L.Ed.2d 944, clearly indicated that § 1983 was applicable when statutory, as well as, constitutional `rights, privileges and immunities' were involved. The Court said: `Under 42 U.S.C.A. § 1983 * * * the officers may be made to respond in damages not only for violations of rights conferred by federal equal civil rights laws, but for violations of other federal constitutional and statutory rights as well.' 384 U.S. at 829-830, 86 S.Ct. at 1813, 16 L.Ed.2d at 958. See also, Sheridan v. Garrison, 5 Cir., 1969, 415 F.2d 699, at 705, 706."

Id. at 579. See also Bass v. Rockefeller, 331 F.Supp. 945, 949 n. 5 (S.D.N.Y. 1971); Note, Federal Jurisdiction over Challenges to State Welfare Programs, 72 Colum.L.Rev. 1404, 1417-21 (1972).

In McClellan v. University Heights, Inc., 338 F.Supp. 374 (D.R.I.1972), this Court stated:

"It is clear that 42 U.S.C. § 1983 is an `Act of Congress providing for the protection of civil rights' under 28 U. S.C. § 1343(4). York v. Story, 324 F.2d 450 (9th Cir. 1963). See Rosado v. Wyman, 397 U.S. 397, 403, 90 S.Ct. 1207, 25 L.Ed.2d 442 (1970), Jackson v. Bishop, 404 F.2d 571, 573 (8th Cir. 1968). The complaint here indicates a denial of due process by conduct of defendants which constitutes state action and is sufficient to support § 1343(4) jurisdiction. Brown v. Strickler, 422. F.2d 1000 (6th Cir. 1970). Further, jurisdiction under § 1343(4) is not dependent on a finding of jurisdiction under § 1343(3)."

Id. at 380. See also Hall v. Garson, 430 F.2d 430, 438 (5th Cir. 1970); Jones v. Alfred H. Mayer Co., 392 U.S. 409, 412, n. 1, 88 S.Ct. 2186, 20 L.Ed.2d 1189 (1968) (§ 1343(4) jurisdiction over a claim based on 42 U.S.C. § 1982).

In the instant case "the aim of the Plaintiffs, through appropriate judicial remedies, is to secure for themselves the fundamentals of human dignity." Gomez v. Florida State Employment Service, supra, 417 F.2d at 579. The plaintiffs here seek to preserve the fundamental human right to a nutritionally adequate diet, which Congress has seen fit to promote under the Food Stamp Act. Since the language of 42 U.S.C. § 1983 is broad, in that it is designed for the redress of violations of "any rights, privileges, or immunities secured by the Constitution and laws" of the United States, it matters not whether particular state action is alleged to be a violation of the Constitution, or merely of rights secured by federal statute or regulation. See Bomar v. Keyes, 162 F.2d 136 (2d Cir. 1947). As the court noted in Gomez, these plaintiffs

". . . seek sanctions for having been deprived of some of those few protections designed by Congress to lift them out of economic-sociologic peonage. Such fundamental human, highly personalized rights are just the stuff from which § 1983 claims are to be made."

See generally, Reich, The New Property, 73 Yale L.J. 733 (1964).

There is no doubt that the defendant, in allegedly enforcing regulations that are more restrictive than federal law permits, has acted "under color of state law." The plaintiffs having stated a claim cognizable under 42 U.S.C. § 1983, this Court has jurisdiction under 28 U. S.C. § 1343(4). A narrower approach to the scope of federal civil rights jurisdiction might leave certain individuals without a federal forum in which to seek redress when, under color of state law, they are deprived of rights aimed at securing basic human needs which the Congress, in its wisdom, has seen fit to protect. Such a result is unacceptable.

The plaintiffs now move for summary judgment under Rule 56, Fed.R.Civ.P. The defendant has filed no opposing affidavit or written response to the motion. The matter was called for hearing on January 24, 1974. The arguments of counsel at said time in no way changed the posture of the case for disposition by way of summary judgment.

Class Action

Plaintiffs initially move under Rule 23(c)(1), Fed.R.Civ.P. to certify this action as a class action on behalf of the plaintiffs and all persons similarly situated, namely all other persons who participate in the Food Stamp Program in Rhode Island. Plaintiffs allege that the policies and practices of the defendant challenged in the action are equally applicable to all Rhode Island participants in the Food Stamp Program.

I find that the plaintiffs have sufficiently met the prerequisites for the certification of a class action as enumerated in Rule 23(a), Fed.R.Civ.P. The members of the affected class, numbering 69,806 as of June 1972, are so numerous as to make...