White v. Beal, Civ. A. No. 75-11.

Citation413 F. Supp. 1141
Decision Date23 April 1976
Docket NumberCiv. A. No. 75-11.
PartiesRalph WHITE et al., Plaintiffs and Plaintiff-Intervenors, on behalf of themselves and all others similarly situated v. Frank S. BEAL, Individually and as Secretary of the Department of Public Welfare, et al., Defendants.
CourtUnited States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)

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R. Michael Kemler, Community Legal Services, Stephen F. Gold, Philadelphia, Pa., for plaintiffs.

Howard M. Holmes, Asst. Atty. Gen., Eastern Regional Office, Com. of Pa., Philadelphia, Pa., for defendants.

MEMORANDUM OPINION AND ORDER

VanARTSDALEN, District Judge.

This matter is before the court on motions for summary judgment and preliminary injunction.1

Plaintiffs claim that Pa.Stat.Ann. tit. 62, § 443.4 DPW—Pa. Manual §§ 9740 and 9743 are in conflict with the Social Security Act, 42 U.S.C. § 1396 (1970) et seq.; the regulations promulgated thereunder, 45 CFR § 249.10 et seq.; and the Due Process and Equal Protection clauses of the Fourteenth Amendment.

Suit was originally instituted on January 6, 1975 by Edie Mae Mason, Valerie Smith and the Philadelphia Welfare Rights Organization (WRO) on behalf of themselves and all others similarly situated. Named as defendants were Helene Wohlgemuth, individually and as Secretary of the Pennsylvania Department of Public Welfare; Glenn Johnson, individually and as Director of Bureau of Medical Assistance, Pennsylvania Department of Public Welfare; Don Jose Stovall, individually and as Executive Director of Philadelphia, Pennsylvania, County Board of Assistance; the Pennsylvania Department of Public Welfare; and the Philadelphia County Board of Assistance. Mason and Smith have withdrawn as plaintiffs and Ralph White, William B. Johnson, Bernice Fredricksdorf, Michael Darragh and Charles Eder have intervened as plaintiffs. Plaintiffs have substituted Frank S. Beal for Wohlgemuth, as Beal is presently the Secretary of the Pennsylvania Department of Public Welfare.

Ralph White is an adult citizen of Pennsylvania. He is poor and receives $166 a month in benefits under Supplementary Security Income Program and pays $88 per month in rent. He had been employed by the Bellevue Stratford Hotel as a night auditor until July, 1972. He cannot perform that job because of refractive error and inadequate eyeglasses. He has been examined at the Scheie Eye Institute and the Wills Eye Hospital as recently as January 17, 1975. These examinations revealed severe refractive error in the form of nearsightedness requiring trifocals. He submitted an application for eyeglasses under the Medical Assistance Program to the Pennsylvania Department of Public Welfare. On May 15, 1975, he was informed through his caseworker that his request was disapproved because he did not have an eye disease or pathologic condition as required by DPW—Pa. Manual § 9743. (Stipulation as to Facts).

Bernice Fredricksdorf is a citizen of Pennsylvania. She is poor, receiving $88 per month under the Public Assistance Program. She suffers from diabetes and high blood pressure and was examined on December 10, 1974 at the Pennsylvania College of Optometry. This examination disclosed hyperopic astigmatism and new eyeglass lenses were prescribed as necessary to alleviate this condition. Fredericksdorf applied to the Pennsylvania Department of Public Welfare for eyeglasses under the Medical Assistance Program. In February, 1975, her request was denied on the ground that she had refractive error and not eye disease or pathology. She asked for reconsideration, and in May, 1975, was again advised that she was ineligible. (Stipulation).

Charles Eder is a citizen of Pennsylvania. He is poor, receiving $76.50 every two weeks under the Public Assistance Program. His rent is $100 per month. Because of severe headaches and bloodshot eyes, he went to Dr. B. M. Hamberg, Doctor of Optometry for an eye examination on March 4, 1975. Dr. Hamberg prescribed eyeglasses to improve the refractive error from which Eder suffered. On Eder's behalf, Dr. Hamberg submitted an application for eyeglasses under the Medical Assistance Program to the Pennsylvania Department of Public Welfare. On May 29, 1975, plaintiff received notification that his request for glasses had been denied under § 9743 because he had no eye pathology. Eder then arranged to purchase eyeglasses from Tru-Site Optical Co., Philadelphia, Pennsylvania. He has paid $20 and owes $15 to Tru-Site. Through his attorney, Eder has delayed the payment of the balance pending a determination of his entitlement to eyeglasses from the Medical Assistance Program. (Complaint of Intervening Plaintiff, Eder).

Michael Darragh is a citizen of Pennsylvania. He is poor, receiving $516 per month under the Public Assistance Program for support of himself, his wife and six children. His expenses include $60 a month for rent and $57 a month to repay a consumer loan. Darragh is 35 years old and has worn eyeglasses for about 10 years. His present eyeglasses are two years old. In April, 1975, while cleaning his glasses, the frames broke. On April 28, 1975, Darragh was examined at the Philadelphia College of Optometry where he was advised that while his lenses were adequate, his frames had to be replaced. He spoke to his Pennsylvania Department of Public Welfare caseworker, Miss Bergman, who advised him that the Medical Assistance Program would not provide this service because he had no eye pathology (Complaint of Intervening Plaintiff—Darragh).

William B. Johnson is a citizen of Pennsylvania. He is poor, receiving $21 every two weeks. Johnson is twenty-one years old and has worn eyeglasses for 10 years. He suffers from myopia and astigmatism neither of which is an eye disease or pathology, but both of which can be corrected by eyeglasses. He accidentally broke his glasses and requested eyeglasses from his caseworker at the Philadelphia County Board of Assistance. He was informed by his caseworker that the Medical Assistance Program would not pay for eyeglasses because he had no eye disease or pathology. (Amended Complaint).

A. Eleventh Amendment

The Eleventh Amendment of the United States Constitution has been held to forbid a federal court from rendering a judgment against an unconsenting state in favor of a citizen of that state.2 Edelman v. Jordan, 415 U.S. 651, 663, 94 S.Ct. 1347, 1355, 39 L.Ed.2d 662, 672 (1974); Employees of Dept. of Public Health and Welfare of Missouri v. Dept. of Public Health and Public Welfare of Missouri, 411 U.S. 279, 280, 93 S.Ct. 1614, 1615, 36 L.Ed.2d 251, 253 (1973). If a state agency is the named defendant, it is necessary to determine the relationship of the agency to the state to ascertain whether the state is the real or substantial party in interest. Urbano v. Board of Managers of New Jersey State Prison, 415 F.2d 247, 250 (3d Cir. 1969).

Some courts have determined that the relief sought is the controlling factor and that if a state agency is sued and equitable relief rather than money damages is sought, the Eleventh Amendment is inapplicable. See, e.g., 21 Properties, Inc. v. Romney, 360 F.Supp. 1322, 1326 (N.D.Tex. 1973). The better reasoning, however, is to determine the status of the agency without regard to the type of relief sought. See Byram River v. Village of Port Chester, New York, 394 F.Supp. 618 (S.D.N.Y.1975). This is logical since the Supreme Court has held that the Eleventh Amendment is applicable when a state is sued for equitable relief, Duhne v. New Jersey, 251 U.S. 311, 40 S.Ct. 154, 64 L.Ed. 280 (1920), and the language of the Eleventh Amendment states that it applies to both suits in law and equity.

In analyzing the functions of the Department of Public Welfare in light of standards used in determining the status of a state agency, see, e.g., King v. Caesar Rodney School Dist., 396 F.Supp. 423 (D.Del.1975); it is clear that the Department is an alter ego of the state and, hence, is immune from suit before this court by virtue of the Eleventh Amendment. Downs v. Dept. of Public Welfare, 368 F.Supp. 454 (E.D.Pa.1973) (Green, J.). The Eleventh Amendment does not immunize state officials from suit in federal court insofar as prospective relief is sought which relief has only an ancillary impact on the public treasury. Edelman v. Jordan, 415 U.S. 651, 668, 94 S.Ct. 1347, 1358, 39 L.Ed.2d 662, 675 (1974); Byram River v. Village of Port Chester, New York, supra at 628. To the extent that plaintiffs' demand for relief sought is prospective having an ancillary impact on the state treasury and because full relief can be obtained from the named state officials in the form of an equitable remedy, the named state officials are not immune from suit. See Fialkowski v. Shapp, 405 F.Supp. 946 (E.D.Pa.1975) (Huyett, J.).

B. Jurisdiction

Defendants contend that this court lacks subject matter jurisdiction. Plaintiffs allege jurisdiction under 28 U.S.C. § 1331 and 28 U.S.C. § 1343.

28 U.S.C. § 1343

Plaintiffs' statutory claim that Pa. Stat.Ann. tit. 62 § 443.4 and DPW-Pa. Manual §§ 9740 and 9743 are in conflict with the Social Security Act, 42 U.S.C. § 1396 et seq., and the regulations promulgated thereunder, 45 CFR § 249.10 et seq., and thus violative of the Supremacy Clause of Article VI of the United States Constitution presents serious jurisdictional questions if that claim is brought under 28 U.S.C. § 1343. The pertinent portions of that statute provide the following:

The district courts shall have original jurisdiction of any civil action authorized by law to be commenced by any person:
(3) To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the Constitution of the United States or by any Act of Congress providing for equal rights of citizens or of all persons within the jurisdiction of the United States. (
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