Williston v. Eggleston

• Decision Date: 27 July 2005
• Docket Number: No. 04 Civ. 4454 (RWS).,04 Civ. 4454 (RWS).
• Parties: Gertrude WILLISTON; and Tawana, Latoya, and Tandika Cummins by their parent, Paulette Cummins, on their own behalf and on behalf of all others similarly situated, Plaintiffs, and Jose Feliz, on his own behalf and on behalf of all others similarly situated, Plaintiff-Intervenors v. Verna EGGLESTON, as Commissioner of the New York City Department of Social Services; and Robert Doar, as Commissioner of the New York State Office of Temporary and Disability Assistance, Defendants.
• Court: U.S. District Court — Southern District of New York

Page 561

379 F.Supp.2d 561

Gertrude WILLISTON; and Tawana, Latoya, and Tandika Cummins by their parent, Paulette Cummins, on their own behalf and on behalf of all others similarly situated, Plaintiffs, and Jose Feliz, on his own behalf and on behalf of all others similarly situated, Plaintiff-Intervenors v. Verna EGGLESTON, as Commissioner of the New York City Department of Social Services; and Robert Doar, as Commissioner of the New York State Office of Temporary and Disability Assistance, Defendants.

No. 04 Civ. 4454 (RWS).

United States District Court, S.D. New York.

July 27, 2005.

The Urban Justice Center Homelessness Outreach Prevention Project, by Wendy Bach, Munir Pujara, New York Legal Assistance Group by Yisroel Schulman, Randal S. Jeffrey, Elissa D. Devins, Welfare Law Center, Inc. by Marc Cohan, Rebecca L. Scharf, Petra T. Tasheff, New York City, for Plaintiffs.

Honorable Eliot Spitzer, Attorney General of the State of New York by Deborah Hochhauser, Assistant Attorney General, New York City, for Defendants.

OPINION

SWEET, District Judge.

Defendant Verna Eggleston, Commissioner of the New York City Human Resources Administration ("City Commissioner" or the "City") and Robert Doar, Commissioner of the New York State Office of Temporary and Disability Assistance ("State Commissioner" or the "State") (collectively, the "Defendants") have moved under Rule 12(b)(6) and 12(b)(1) to dismiss the putative class action complaint (the "Complaint") of Gertrude Williston ("Williston") and Tawana Cummins, Latoya Cummins and Tandika Cummins, by their parent Paulette Cummins (collectively the "Cummins") (collectively, the "Plaintiffs"). The Plaintiffs seek enforcement in this 42 U.S.C. § 1983 action of their rights under the Food Stamp Act ("FSA" or the "Act"), Public Law 88-525; 78 STAT. 703, alleging that the Defendants have a policy and practice of failing to provide food stamps to eligible individuals in a timely manner in violation of federal and state law, and that the State defendant has failed to properly oversee and supervise City defendant's administration of the Food Stamp program in violation of federal and state law.¹

The City has moved to dismiss on grounds that the Plaintiffs do not have a private right of action and lack standing. The State has moved to dismiss on grounds of the Eleventh Amendment to the United States Constitution, failure of the Plaintiffs to state a claim and a prior action pending. Significant and difficult issues are thus presented.

For the reasons set forth below, the motions are denied.

Prior Proceedings

Plaintiffs filed the Complaint on June 15, 2004, alleging that Defendants have a policy and practice of failing to provide food stamps to eligible individuals in a timely manner and, as such, seek enforcement of their rights under the FSA pursuant to 42 U.S.C. § 1983. The Defendants' motion to dismiss was heard and marked fully submitted on November 10, 2004.

The Facts

The facts are set forth in the statements of the parties and are not in dispute except as noted below. All well-pleaded allegations are accepted as true for the purpose of this motion. See Chambers v. Time Warner, Inc., 282 F.3d 147, 153 (2d Cir.2002). The following statements do not constitute findings of the Court.

The Complaint was filed on June 15, 2004, and identifies New York City residents who have applied for food stamps at Non-Public Assistance ("NPA") food stamp offices. (See Compl. at ¶¶ 60, 81.) It alleges that in New York City, individuals seeking to apply for food stamps may apply at either a Job Center or a NPA food stamps office and at Job Centers, and may also apply for cash assistance and/or medical assistance. (See Compl. at ¶ 39.) At NPA food stamp offices, applicants may only apply for food stamps. (Id.) There are 32 Job Centers and 20 NPA food stamp offices located in the five boroughs of New York City. (Id. at ¶ 40.) The Plaintiffs in the instant action all applied for food stamps at NPA food stamp offices. (See Compl. generally.)

According to the Complaint, the Plaintiffs are New York City residents who have applied for food stamps at NPA food stamp offices. (See Compl. at ¶¶ 60, 81.) Williston alleges that she is eligible for food stamps, and that she sought to apply for food stamps at an NPA office, but did not receive food stamps within 30 days of the date of application. (Id. at ¶¶ 17, 59.) The Cummins Plaintiffs allege that they were deterred, discouraged, and prevented from filing an application for food stamps upon initial contact at an NPA food stamps office, (id. at ¶ 21), and also failed to receive food stamps within 30 days of application. (Id. at ¶ 88, 90.)

The Plaintiffs filed this action on behalf of themselves and a purported class defined as: "All New York City residents who have sought, are seeking, or will seek to apply for food stamps in New York City." (Compl. at ¶ 10.) Plaintiffs also bring this action on behalf of a subclass defined as: "All New York City residents who have applied for food stamps in New York City and who have not had those applications processed within thirty days of application." (Compl. at ¶ 14.) The foregoing proposed class and subclass definitions do not differentiate where precisely the applications were sought — whether at Job Centers or NPA food stamp offices.² (See Compl. at ¶¶ 10-13, 14.) In sum, Plaintiffs claim that their food stamp applications are not timely processed; that individuals are discouraged or prevented from applying for food stamp benefits; and that Defendants fail to provide expedited food stamp benefits. (See Compl. generally.)

According to the Complaint, Williston applied for food stamp benefits at Center 40, a NPA food stamp office, on January 30, 2004. (Id. ¶ 60.) On February 2, 2004, she received "expedited food stamps" for the period of January 30, 2004 to February 29, 2004. (Id. ¶ 61.) However, Williston claims that she did not receive "ongoing food stamps" and that on April 23, 2004 she requested a fair hearing with the State to challenge the City's failure to provide her with food stamps. (Id. ¶¶ 70, 71.) On May 19, 2004, a fair hearing was held and by Decision after Fair Hearing, dated May 26, 2004 ("DAFH"), the State directed the City to process Williston's food stamp benefit application and to restore all lost benefits resulting from the City's failure to provide Williston with food stamps within 30 days of her submitting the application. (Id. ¶¶ 71, 72.) At the time Williston filed this complaint, it was alleged she had not received any further food stamps. (Id. ¶ 73.) On June 23, 2004, Williston was authorized to receive food stamp benefits and these benefits were subsequently accessed. See Affidavit of Carolyn Karins, sworn to August 20, 2004 ("Karins Aff.") attached to notice of motion.

According to Cummins' Complaint, she went to apply for food stamp benefits in October 2003 at a NPA food stamp office located on Bergen Street in Brooklyn, New York, and the case worker refused to accept the application stating that Cummins' children were not eligible for food stamp benefits. (Compl.¶ 81.)

On November 7, 2003, Cummins went back to the same NPA food stamp office wherein, although she claimed she was discouraged from applying for food stamps, her application was in fact filed. (Id. ¶¶ 83, 84.) On November 7, 2003, Cummins was told to return to the NPA food stamp center with the requested documentation by November 19, 2003. (Id. ¶ 85.) On November 13, 2003, she returned to the NPA food stamp office with the requested documentation and on November 14, 2003, she received "expedited food stamps" covering the period of November 7 to November 30, 2003. (Id. ¶¶ 86, 87.) On January 13, 2004, Cummins received "ongoing food stamps." (Id. ¶ 90.)

The Statutory Scheme

The FSA, originally enacted August 31, 1964, as "The Food Stamp Act of 1964" is a complex federal funding statute that grants monies to the states for the operation of food stamp programs. See Public Law 88-525; 78 STAT. 703. The Secretary of Agriculture and state agencies are given express authority with respect to administration of the food stamp program; however, Congress solely vested the Secretary with overall enforcement of the Act. See 7 U.S.C. §§ 2013(a), 2024(a) (2004).

The provision of the Act entitled "Establishment of Program" provides:

[T]he secretary is authorized to formulate and administer a food stamp program under which, at the request of the State agency, eligible households within the State shall be provided an opportunity to obtain a more nutritious diet through the issuance to them of an allotment....

Id. (internal citations omitted). Pursuant to 7 U.S.C. § 2013(c), the Secretary of Agriculture is further authorized to make such regulations as deemed necessary for effective administration of the Food Stamp Program. "The Secretary shall issue such regulations consistent with this Act as the Secretary deems necessary or appropriate for the effective and efficient administration of the food stamp program ..." (Id. at § 2013.)

The section of the Act entitled "Violations and Enforcement" states:

Notwithstanding any other provision of this Act the Secretary may provide for the issuance or presentment for redemption of coupons to such person or persons, and at such times and in such manner, as the Secretary deems necessary or appropriate to protect the interests of the United States or to ensure enforcement of the provisions of this Act or the regulations issued pursuant to this Act.

7 U.S.C. § 2024(a).

Section 2020 of the FSA governs the administration of the Food Stamp Program, and mandates, "The State agency of each participating State shall assume responsibility for the certification of applicant households and for the issuance of coupons and the control and accountability thereof." 7 U.S.C. § 2020(a). State agencies are also charged with improper denials and under-issuances of food stamp benefits. See 7...