Lindsay v. Wyman
Decision Date | 28 February 1974 |
Docket Number | No. 71 Civ. 802.,71 Civ. 802. |
Citation | 372 F. Supp. 1360 |
Parties | John V. LINDSAY, as Mayor of the City of New York, et al., Plaintiffs, v. George WYMAN, as Commissioner of Social Services of the State of New York, Defendant. |
Court | U.S. District Court — Southern District of New York |
Norman Redlich, Corp. Counsel of the City of New York, New York City, for plaintiffs; Edmund B. Hennefeld, New York City, of counsel.
Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, for defendant; Amy Juviler, Joel Lewittes, Asst. Attys. Gen. of counsel.
Before MULLIGAN, Circuit Judge, and METZNER and GURFEIN, District Judges.
After a dismissal of the complaint by our late brother, Judge McLean, the Court of Appeals remanded the claims of those individuals who were suing the state defendant, the Commissioner of Social Services of the State of New York, in their official and personal capacities to declare the New York Social Services Law unconstitutional in certain respects, with instructions to convene a three-judge district court. The Court of Appeals affirmed the district court's dismissal of all the plaintiffs' claims against the federal defendants. It also affirmed the dismissal of those claims asserted by city and county plaintiffs against the state defendant.1 City of New York v. Richardson, 473 F.2d 923 (2 Cir.1973), cert. denied, 412 U.S. 950, 93 S.Ct. 3012, 37 L.Ed.2d 1002 (1973).
This court is convened pursuant to the mandate of the Court of Appeals. The federal defendants are out of the case. The City of New York has been dismissed as a plaintiff. The plaintiff, Ola Bryant, described as a citizen and taxpayer, but, also as a welfare recipient of the city, is in limbo, because the question of her claim to damages in excess of the jurisdictional amount of $10,000 under 28 U.S.C. § 1331, has not been adjudicated. The issue of whether she is a proper plaintiff under 42 U.S.C. § 1983 has not been pressed. The plaintiffs now are the Mayor and the City Commissioner.
The action, as presently amended, seeks a declaratory judgment and injunction to declare invalid under the Equal Protection Clause of the Fourteenth Amendment, the provisions of the New York Social Services Law, McKinney's Consol.Laws, c. 55 referred to in the amended complaint2 that divide the State of New York into Social Services districts and in so doing allegedly achieve an unequal and discriminatory distribution of the burden of public assistance costs and payments in the State, and the imposition of local taxes accordingly.
The plaintiffs move for summary judgment and the defendant cross-moves for summary judgment.
The facts are not in serious dispute. We cannot state them more concisely than Chief Judge Kaufman did on the appeal in 473 F.2d 923, at 926-927 as follows:
The plaintiffs complain that this formula violates the Equal Protection Clause of the Fourteenth Amendment, because the City of New York is required to carry a heavier burden of public assistance costs than the rest of the State, since a disproportionately larger number of persons who receive public assistance reside in the City of New York and because the City is required to raise its mandated share of the cost by local taxation of its residents.
The plaintiffs argue that it is not the fault of the City or its residents that migrants from the South and Puerto Rico, who are generally poor, largely choose to make their new homes in the City rather than in other parts of the State, and that the State should not mandate the level of payments required to be made by the City.
The City notes that in the year 1969, for example, while only 45% of the State's residents were living in New York City, that the City was responsible for fully 74% of the entire welfare burden of the State. Moreover, it is noted that in the same 1969 year, 12.52% of the City residents received public assistance against an average of 3.49% for the balance of the State. By 1972, the percentage of the State's welfare recipients in New York City was 70% against 30% for the balance of the State — a considerable difference. By 1972, 16.03% of the City's population was on welfare against 5.04% outside New York City. Finally, by 1971, New York City was expending $151.47 per inhabitant on welfare against an expenditure of $44.23 by inhabitants of other parts of the State. The City's share of public assistance expenditures was $869,060 in fiscal year 1972-73; the State's share was $881,788. The federal government contributed $1,454,843. The actual source of funds expended in the City was 45.4% federal, 27.5% state, and 27.1% city. (D. Ex. 1, attached to defendant's affidavit).
The conclusion is, of course, inescapable that New York City bears a heavier share of the welfare costs than the rest of the State, because a proportionately larger percentage of welfare recipients live within its borders. The question to which we must address ourselves is whether this is constitutionally permissible under the Equal Protection Clause of the Fourteenth Amendment.
We have studied the brief of the State-appellee upon the appeal from Judge McLean's order. Although the brief tendered was adequate on other points, it failed to discuss...
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...155 N.J.Super. 520, 529, 382 A.2d 1175, 1180, aff'd, 78 N.J. 325, 395 A.2d 194 (1978) (citations omitted); accord, Lindsay v. Wyman, 372 F.Supp. 1360 (S.D.N.Y.1974) , aff'd sub nom, Beame v. Lavine, 419 U.S. 806, 95 S.Ct. 21, 42 L.Ed.2d 35 (1974) (mem. We also reject the assertion that the ......
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