Story v. Roberts, 72-641-Civ-J.
Court | United States District Courts. 11th Circuit. United States District Court of Middle District of Florida |
Citation | 352 F. Supp. 473 |
Docket Number | No. 72-641-Civ-J.,72-641-Civ-J. |
Parties | Sandra STORY and Jeanette Simpson, Individually and on behalf of their minor children, and on behalf of all others similarly situated, Plaintiffs, and Susie Mae Weems, Individually and on behalf of her minor dependents, and on behalf of all others similarly situated, Intervenors, v. Emmett S. ROBERTS, Secretary, Department of Health and Rehabilitative Services, State of Florida, et al., Defendants. |
Decision Date | 20 December 1972 |
William J. Gibbons and Paul C. Doyle, Duval County Legal Aid Assn., Jacksonville, Fla., for plaintiffs.
Chester G. Senf, Jr., and Robert Horne, Jacksonville, Fla., for defendants.
Before SIMPSON, Circuit Judge, and McRAE and SCOTT, District Judges.
Plaintiffs and intervenors, public welfare recipients, invoke the jurisdiction of this Court pursuant to 28 U.S.C. § 1343(3) and (4), 42 U.S.C. § 1983, and 28 U.S.C. § 2201, § 2202, § 2281. They institute this class action for declaratory, injunctive and retroactive relief against state welfare officials on the grounds that Fla.Stat. § 409.245 (1971), F.S.A., and state regulations thereunder, violate the Due Process and Equal Protection Clauses of the fourteenth amendment. Plaintiffs and intervenors additionally assert that this Florida Statute is inconsistent with the Social Security Act of 1935, 42 U.S.C. § 601 et seq., and is therefore invalid under the Supremacy Clause.
A temporary restraining order was issued by a single district judge pursuant to 28 U.S.C. § 2284(3), for the purpose of protecting plaintiffs and the class they represent until a three-judge district court could be convened to consider whether this action is one to be decided by a three-judge panel, and if it is, to proceed then to an adjudication on the merits. Subsequent to the issuance of the temporary restraining order, Susie Mae Weems moved to intervene because her benefits were, in fact, terminated solely on account of the statute in question. The motion to intervene was granted, thereby permitting her and all those similarly situated to join in this action.
The initial consideration for the Court is whether a three-judge district court is a proper forum for the disposition of this class action. Since it appears from the complaint that injunctive relief is sought against a state officer from enforcing a state statute on the ground that the statute is unconstitutional, a three-judge district court is required pursuant to 28 U.S.C. § 2281, § 2284. This clearly is not a situation in which defense of the statute's constitutionality is frivolous. See Bailey v. Patterson, 369 U.S. 31, 82 S.Ct. 549, 7 L. Ed.2d 512 (1962).
In addition to attacking the Florida Statute, and regulations thereunder, on constitutional grounds, plaintiffs and intervenors assert that Fla. Stat. § 409.245, F.S.A., is fatally inconsistent with the federal statutory requirement that "aid shall be promptly furnished to all eligible individuals." 42 U.S.C. § 602(a)(10). Although a three-judge district court is required to determine whether a state statute of general application conflicts with a provision of the United States Constitution, 28 U.S.C. § 2281, a three-judge court is not required to declare a state statute inconsistent with a federal statute and therefore violative of the Supremacy Clause. Swift & Co. v. Wickham, 382 U.S. 111, 86 S.Ct. 258, 15 L.Ed.2d 194 (1965). Nevertheless, since the statutory claim and the constitutional claims "derive from a common nucleus of operative fact" and are such that plaintiffs and intervenors "would ordinarily be expected to try them all in one judicial proceeding," this Court considers it appropriate, once having assumed jurisdiction as a three-judge court on the constitutional claims, to maintain jurisdiction over the statutory claim. United Mine Workers v. Gibbs, 383 U.S. 715, 725, 86 S.Ct. 1130, 16 L.Ed.2d 218 (1966); Rosado v. Wyman, 397 U.S. 397, 90 S.Ct. 1207, 25 L.Ed.2d 442 (1970); King v. Smith, 392 U.S. 309, 88 S.Ct. 2128, 20 L.Ed.2d 1118 (1968).
In accordance with a well-settled principle of constitutional law, the Court will proceed to dispose of this case on the statutory claim without reaching the constitutional issues. King v. Smith, supra, See e.g. Harmon v. Brucker, 355 U. S. 579, 78 S.Ct. 433, 2 L.Ed.2d 503 (1958).
Fla.Stat. § 409.245 (1971), F.S.A., and state regulations thereunder, require plaintiffs, intervenor and those similarly situated, in order that they be eligible for Aid for Dependent Children (AFDC) assistance or food stamp benefits, to institute and in good faith prosecute a civil action for support of their dependent children.
Defendants submit that the statute in question is not inconsistent with the Social Security Act of 1935. In support of their contention they point to 45 C.F.R. § 232.20, entitled "Coverage and Conditions of Eligibility in Financial Assistance Programs, Need and Amount of Assistance," which establishes a federal requirement in order for states to be eligible for federal funds. Particularly, § 233.20(a)(3)(ix) provides that the state will "carry out policies with reference to applicants and recipients potential sources of income that can be developed to a state of availability." Defendants argue that Fla.Stat. § 409.245, F.S.A., and regulations thereunder, are merely enacted to satisfy this federal requirement and not for the purpose of creating an additional eligibility requirement for recipients.
The Social Security Act of 1935 clearly provides that a child is eligible for and entitled to AFDC assistance if he is both "dependent" and "needy." 42 U.S.C. § 602 et seq. These are the only eligibility requirements Congress has seen fit to prescribe. Accordingly, any statute or regulation which creates an eligibility standard, even though not intended as such, which excludes persons eligible for assistance under federal AFDC standards, violates the Social Security Act and is therefore invalid under the Supremacy Clause. Townsend et al. v. Swank, 404 U.S. 282, 92 S.Ct. 502, 30 L.Ed.2d 448 (1971); King v. Smith, supra. In short, this Court finds no authorization in the Social Security Act for a state to make welfare assistance conditional upon a mother's decision to institute a support action against those persons legally responsible for the support of her dependent children. Fla.Stat. § 409.245, F.S. A., clearly is inconsistent with the standards set forth in the Social Security Act, and is therefore invalid. Meyers v. Juras, 327 F.Supp. 759 (D.Or.1971), aff'd 404 U.S. 803, 92 S.Ct. 91, 30 L.Ed. 2d 39 (1971), reh. denied 404 U.S. 961, 92 S.Ct. 308, 30 L.Ed.2d 280 (1971); Taylor v. Martin, 330 F.Supp. 85 (N.D. Cal.1971), aff'd 404 U.S. 980, 92 S.Ct. 446, 30 L.Ed.2d 364 (1971); Doe v. Swank, 332 F.Supp. 61 (N.D.Ill.1971), aff'd 404 U.S. 987, 92 S.Ct. 537, 30 L. Ed.2d 539 (1971).
In this class action against the Secretary, Department of Health and Rehabilitative Services, State of Florida, and others, defendants assert that even if Fla.Stat. § 409.245 (1971), F.S.A., and state regulations promulgated thereunder, are found to be fatally inconsistent with the Social Security Act, namely 42 U.S.C. § 602(a)(10), and pertinent regulation thereunder, 45 C.F.R. 235.70 (1971), retroactive payments cannot be awarded because the eleventh amendment* prevents the Court from extending its jurisdiction to suits of this kind. Defendants contend that since retroactive relief would require a substantial expenditure of funds from the Treasury of the State of Florida, the state, therefore, is the real party in interest, and suit against it by one of its citizens cannot be maintained without its consent.
Defendants' position has been adopted in the recent case of Rothstein et al. v. Wyman, 467 F.2d 226 (2nd Cir. 1972), wherein the Second Circuit reversed the district court's decision awarding retroactive welfare benefits from state funds. The ratio decidendi of Rothstein is two-fold. First, the court held that the lower court's ruling was an improvident exercise of its general equity jurisdiction when measured by principles of comity, federalism and equity. Second, the circuit court ruled that even if the district court's equitable remedy of granting retroactive relief had been proper, the eleventh amendment prevents the court from ordering the state to expend withheld benefits even though the court, under the authority of Ex parte Young, 209 U.S. 123, 28 S.Ct. 441, 52 L.Ed. 714 (1908), can enjoin continued withholding of such benefits.
After a careful examination of the well-reasoned opinion of Rothstein, this Court does not find that case to be controlling in the present action. The court in Rothstein set forth three congressional interests to be furthered by a court in ordering retroactive welfare payments. They are: (1) retroactive payments might aid in deterring willful state violations of federal requirements; (2) federal policy of satisfying ascertained needs of impoverished persons; and (3) federal interest as grantor to oversee that granted funds are used properly.
This Court believes that federal welfare interests will be furthered in the instant case without unnecessarily exacerbating federal-state relations. The facts presently before the Court, unlike those present in Rothstein, show first that a state statutory provision similar to the one in question, which imposed an additional eligibility requirement, had been considered invalid by the Department of Health, Education and Welfare (HEW), 45 C.F.R. 235.70 (1971), as early as February 27, 1971. Such a requirement had been judicially declared invalid by the Supreme Court in Meyers v. Juras, supra, as of October 27, 1971. (Thereby indicating that the State of Florida has followed, for substantial length of time, an unlawful course of conduct.) Second, the aggrieved intervenor and...
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