Appendix — Edelman v. Jordan

Supreme Court brief1974

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ED

AUS 20 1973

Supreme Court of the Unitel State .

Ocroser Term, 1972

No. 72-1410

JOEL EDELMAN, DIRECTOR OF ILLINOIS DEPART.

, MENT OF PUBLIC AID, AND SUCCESSOR TO ED-

WARD WEAVER, FORMER DIRECTOR OF PUBLIC

ATD,

Petitioner,

Vs.

JOHN JORDAN, et al.,

Respondent.

ON WRIT OF CERTIORARI TO THE

UNITED STATES COURT OF APPEALS

FOR THE SEVENTH CIRCUIT

APPENDIX

WILLIAM J. SCOTT,

Attorney General of the State of linois,

160 North La Salle Street,

Chicago, Mlinois,

Downarp S. Carnow,

Special Assistant Attorney

300 West Washington Street,

Chicago, Mlinois,

Printed by Authority of the State of Illinois

PETITION FOR CERTIORARI FILED APRIL 16, 1973

CERTIORARI GRANTED JUNE 11, 1973

PORES IRS Ot: me - 2 . SO LER | TED eae

_Cook County Department of Public Aid, December, 1970 and

INDEX

Chronological List of relevant Docket Entries. ...ccccrecee l

Plaintiff's complaint for Declaratory Judgment,

Equitable and Other Appropriate Relief, Filed

January 12, 1971 Pesos reese ee ereseeeeeeseseseseseseseeeses h

Motion for Temporary Restraining Order and Affidavit

of Jeanette Bryant, Filed January 14, 1971 cescscccescecece 17

Order In Rodriquez v. Swank, attached as Exhibit B

to Memorandum in Support of Plaintiff's Motion for ,

Temporary Restraining Order, Filed January 14, 1971 .eeee-e 22

Analysis of Registered Applications Pending Investi-

gation, Cook County Department of Public Aid, November

1970, attached as Exhibit D to Memoradnum in Support

of Plaintiffs' Motion for Temporary Restraining Order,

Filed January 14, 1971 See eereeeeeeeeeseeeeeeseeeseseseseeee 30

Temporary Restraining Order, Filed January 21, 1971l....... 312

Amended Complaint for Declaratory Judgment, Equitable

and other Appropriate Relief, Filed January 28, 1971 es... 37

Answer of Defendants Daniel and Barrett to Plaintiffs’

Amended Complaint, Filed February 16, 1971 esccccssccsccee YO

Analysis of Registered Applications Pending Investigation

January, 1971, Filed March 17, 1971 coccccccccccccccccccces £6

a

10.

ll.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

Answer of Defendant Swank to Plaintiffs' Amended

Complaint, Filed March 22, 1971 e@eeeeevrevee eee eeeeeaeneeene eee

Request to Defendant Swank for Production of Documents,

Filed March 29, 1971 eeoereeeersreen eee eee reseee see eevee eeeeeee ee

Motion to Strike Certain Portions of Defendants’ Answers,

Filed April 5, 1971 @rereereeereeeeeeeereeeeereeereeeeeeeeeee eee

Motion for Preliminary Injunction, Filed April 5, 1971.....

Minute Order Granting Motion to Strike Certain Portions

of Defendants'

Answer, Filed April hb, 1971 acccccececesceses

Preliminary Injunction, Order and Decree - April 16, 1971

Motion for Order for Production of Documents, Filed

June 23, 1971

Minute Order granting Motion for Order to Produce -

June 23, 1971

td

Motion for Order that Facts be Taken as Established,

Filed July 27,

1971 and Exhibit A, Handbook Transmittal

No. 139, February 8, 1963, Department of Health,

Education and Welfare Pree eeeeeeereeeeeee ee eeeeeeeeeeeeeeeeee

Minute Order Granting Motion that Facts be Taken as

Established - July 27, 1971 eeeereeee ee eeeeeeeereeeeaeeeeeeeeee

Monthly Illinois Department of Public Aid Report of

Disposed Applications at End of Month by Date of

Application, May, 1971, Filed September 1, 1971 ecccscccecece

Cook County Department of Public Aid Inter-Office

Memoradnum, Filed October 21, 1971 part of case record

of Plaintiff Jordan attached as Exhibit to Plaintiffs’

Motion for Summary Judgement, Permanent Injunction and

Other Relief.

8

1

INE OE SONNED

Ae INN LR PRY ON

5

|

22.

23.

24.

25.

26.

Defendants’ Brief in Opposition to Motion of Plaintiffs

for Summary Judgment, Permanent Injunction and Other

7 Relief, Piled December l, 1971 ee@eereeeeeeeeseeveeeeeaeeeee 106

Adoption of Swank's Brief by Daniel and Cook County

Department of Public Aid, Filed December 6, l197lecccccee 115

Memorandum Opinion and Order Granting Summary Judgment,

Piled February 4, 1972 eree eee eeeeeeeeeeeeeeeeeeeeeeeeee 117

Judgment Order and Decree, Filed March 15, 1972 seeeceee 122

Illinois Department of Public Aid MAG Applications

disposed by program; number and recent disposed by

program, March, 1973 eeeeeeeeeeeee eee ee eeee eee eeeeeenee ee 129

IN THE

Supreme Court of the United States

Ocroser Term, 1972

-No. 72-1410

JOEL EDELMAN, DIRECTOR OF ILLINOIS DEPART-

MENT OF PUBLIC AID, AND SUCCESSOR TO ED-

WARD WEAVER, FORMER DIRECTOR OF PUBLIC ;

AID,

Petitioner,

vs.

JOHN JORDAN, et al.,

Respondent.

ON WRIT OF CERTIORARI TO THE

UNITED STATES COURT OF APPEALS

FOR THE SEVENTH CIRCUIT

APPENDIX

pine A sh Bh NH ae AS ag ABI a

January 12,

January 14,

January 14,

January 14,

January 21,

January 28,

February 16, 1971 Answer to Defendants Daniel and Barrett

March 17, 1971 Analysis of Registered Applications Pending

March 22, 1971 Answer of Defendant Swank to Plaintiffs’

Amended Complaint,

March 29, 1971 Request to Defendant Swank for Production

of Documents,

April 5, 1971 Motion to Strike Certain Portions of Defendants'

Answers,

ieee

CHRONOLOGICAL LIST

OF RELEVANT DOCKET ENTRIES

1971 Plaintiff's Complaint for Declaratory

Judgment, Equitable and Other Appropriate

Relief, ;

1971 Motion for Temporary Restraining Order

and Affidavit of Jeanette Bryant, Filed,

1971 Order in Rodriguez v. Swank, attached

as Exhibit B to Memorandum in Support

of Plaintiffs' Motion for Temporary

Sree order, filed,

1971 ‘Analysis of Registered Applications ,

Pending Investigation, Cook County Department

of Public Aid, November 1970, attached as

Exhibit D to Memorandum in Support of

Plaintiffs* Motion for Temporary Restraining

Order, s

1971 Temporary Restraining Order, Filed

1971 Amended Complaint for Declaratory Judgment,

Equitable and Other Appropriate Relief,

to Plaintiffs" Amended Complant, Filed

Investigation, Cook County Department of

Public Aid, December, 1970 and January, 1971,

ihe ilk «Llc PAA ALN eR cAllatalie a tae

eet 0 al advice

April 15, 1971

April 15, 1971

April 16, 1971

June 23, 1971

June 23, 1971

July 27, 1971

July 27, 1971

September 1, 1971

October 21,

December I,

December 6,

February 4,

1971

1971

1971

1972

Motion for Preliminary Injunction, Filed,

Minute Order Granting Motion to Strike

Certain Portions of Defendants’ Answer

Preliminary Injunction, order and decree.

Motion for Order for Porduction of Documents,

Minute Order granting Motion for Order to

Produce

Motion for Order that Facts be Taken

as Established, Filed July 27, 1971

and Exhibit A, Handbook Transmittal

No. 139, February 8, 1963, Department of

Health, Education and Welfare

Minute Order Granting Moti6n that Pacts

be Taken as Established - .

Monthly Illinois Department of Publid Aid

Report of Disposed Applications at End of

Month by Date of Application, May, 1971,

Cook County Department of Public Aid Inter-

Office Memorandum, filed October 21, 1971,

part of case record of Plaintiff Jordan

attached as Exhibit to Plaintiffs' Motion

for Summary Judgment, Permanent Injunction

and other relief.

Defendants' Brief in Opposition to Motion

of Plaintiffs for Summary Judgment, Permanent

Injunction and other relief,

Adoption of Swank's Brief by Daniel and Cook

County Department of Public Aid, filed December 6

Memorandum Opinion and Order Granting

Summary Judgment, Filed February 4, 1972

3

Oe reese

eb iy at it EER

ate Ay Me ae tA by Ree AE

Phew ial he tellin a ecards atts nt cn OR Mads ip ey bl NE lade lait te!

March 1, 1973

March 24, 1972

April 7, 1972

January 18, 1973

May 22, 1973

May 29, 1973

May 31, 1973

Illinois Department of Public Aid MAG

Application disposed by program, number and

percent disposed by program,

ADDITION TO RELEVANT DOCKET ENTRIES

Defendants’ Notice of Appeal

Plaintiff's Notice of Cross Appeal

Opinion and Order

Application for Stay Pending

Petition for Certiorari

Objections by Plaintiff to

Application for Stay Pending ~

Appeal

Stay Pending Application for

Certiorari denied by the

Seventh Circuit Court of Appeals.

Stay Pending Appeal granted

by Supreme Court with respect

to Paragraphs 5 and 6 of Final

Judgment and Decree

5

4

Ol si thas Se sl

)

)

+ Aia; DAVID DANIEL, Director, )

)

)

)

)

)

, IN THE UNITED STATES DISTRICT COURT). J, /-

FOR THE NORTHERN DISTRICT OF rutnote! YAY 12

EASTERN DIVISION

' |

: 6 ee

JouN JORDAN, by his next friend, ) : 4.3. VISTRIC

(JEANETTE BRYANT, individually )

and on behalf of all other )

persons similarly situated, ) ; x

‘ ) 2 att

: Plaintiffs, estes Vani 3

es a ° . J

im vs. 15S a

HAROLD O. SWANK, Director,

Illinois Department of Public

Cook County Department of

Public Aid; EDWARD J. BARRETT,

Comptroller of Cook County,

individually and in their

official capacities,

Defendants,

R DECLARATORY JUDGMENT

COMPLAINT FO

PROPRIATE RELIEF

EQUITABLE, AND OTHER AP

PRELIMINARY STATEMENT

1. Plaintiff, individually a

person

declare mandatory an

lations requiring all applications fo

and Disabled (AABD) to be acted upon within thirty da

the date of application,

within thirty days for those dete

declaring void all state statutes and regulation

with said mandatory federal regulations.

com are™ 29

Pi — ——— ~~

s similarly situated, seeks primarily to have th

dad binding on the defendants. federal regu-

Aé Il oo

nd on behalf of all other

is Court

r Aid to the Aged, Blind

ys from

and requiring actual receipt of payment

rmined eligible, and further

s inconsistent

Plaintiff also seeks

iL

-2-

OP lg ntl Mido,

.

(a declaration that the Illinois Public Aid Code, ch. 23, Sec-

| tion 3-1, I11.Rev.Stat., federal law, 45 C.F.R. § 233.20(a) (1) (2)

Gaia, and equal protection of the laws as guaranteed by the

fourteenth amendment to the United States Constitution,require

AASD to be paid from the date of application if the applicant

meets the eligibility conditions at the time of application.

LRN Ait ihe Nall

JURISDICTION .

“2. Jurisdiction is conferred on this court by 28

The amount in

cee ee

U.S.C. § 1343(3) (4) and by 28 U.S.C. § 1331.

controversy,exclusive of interest and costs, exceeds the sum

or value of $10,000.00. |

3. Plaintiff's action for declaratory and injunctive

relief, and for benefits wrongfully withheld is authorized by:

(a) 28 U.S.C. §§ 2201, 2202 and Rule 57 of the

Federal Rules of Civil Procedure, which relate to

declaratory judgments;

(b) 42 U.S.C. § 1983 which provides redress

for the deprivation under color of law of rights,

Fo ee ete

privileges, and immunities secured by the Constitu-

tion and laws of the United States.

PLAINTIFFS

4. The named plaintiff, John Jordan, age sixty-one,

_lives at 4241 W. Calumet, Chicago, Illinois, in a room of the

apartment of Jeanette Bryant.

4 . 5. John Jordan has a substantial mental deficiency

Sy Sane

er ares :

-3-

naa nae OS

‘and functions at the level of a small child. Jeanette Bryant =

| generally supervises most matters affecting: the raieediles life

of John Jordan.

CLASS ACTION

elt AE ie lie nce athe

6. The named plaintiff brings this action on his

own behalf and pursuant to Rule 23(a) and (b) of the Federal

Rules of Civil Procedure, on behalf of all other persons simi-

; larly situated.

i " DEFENDANTS

7. Defendants are as follows: (a) Harold 0. Swank,

is the Director of the Illinois Department of Public Aid and

is charged with statewide administration of the public assistance

programs, including Aid to the Aged, Blind and Disabled, and

with establishing regulations to carry out the statutory pro-

visions of such programs; (b) David Daniel is the Director of

the Cook County Department of Public Aid, an agency of the

Illinois Department of Public Aid, and is responsible for

administering the public assistance programs in Cook County;

and (c) Edward J. Barrett, is the Comptroller of Cook County,

compensitvie for the signing of emergency welfare checks.

FACTUAL ALLEGATIONS

8. John Jordan has a substantial mental impairment

and functions at the level of a small child. He is unable to

a ene

-4-

.

0 eo SS BN tala Gilda ie

read or to recognize and count money. His intelligence is so

limited that he|requires supervision in most matters affecting

is everyday life. His mental impairment is of a permancnt

ature and substantially impairs his ability to perform labor

r services or to engage in any useful occupation.

9. On or about September 18, 1970 John Jordan applied

or Aid to the Disabled at the Oakland office of .the Cook County

artment of Public Aid. .

10. At the time of his application for Aid to the

isabled John Jordan met all.of the eligibility conditions for

id to the Disabled, and he still meets said eligibility condi-

tions, and is in all ways qualified for such assistance.

11. John Jordan, or friends acting on his behalf, have

cooperated with the Cook County Department of Public Aid in all

respects and have furnished all information requested by the |

}Cook County Department of Public Aid and its employees.

12. The Cook County Department of Public Aid has yet

}to act on John Jordan's application for Aid to the Disabled and

| John Jordan has not received any such assistance from the

| defendants as of the date of filing this law suit.

: 13. The sole reason for the delay is that the case-

= worker of the Cook County Department of Public Aid assigned to

John Jordan's application has not had time to act on John Jordan's

application.

14. John Jordan has no income or assets except for

COPY BOUND CLOSE IN CENTER

=§-

approximately $2.00 he earns by working at a drugstore one

a week and other infrequent odd jobs involving manual labor.

ts Ne a - mee ay eee YY

15. John Jordan is in dire need of monetary and

dical assistance. He does not eat properly and is suffering

om malnourishment because of lack of sufficient funds and is

esently sick with a cold and cough and in need of medical

re. Also he lacks vision in one eye and needs to be fitted

glasses.

16. Because his application for Aid to the Disabled

is not been acted upon and approved, John Jordan has suffered

ad will continue to suffer irreparable injury, loss, and

mage because of the lack of adequate funds to purchase those

essities requisite for a minimum standard of life compatible

th health and well-being.

COUNT I

17. Count I is brought as a class ection by the named

aintiff on his own behalf and on behalf of ail other persons

larly situated pursuant to Rule 23(a) and (b) of the Federal

les of Civil Procedure. The class is composed of all persons

Illinois eligible for Aid to the Aged, Blind, or Disabled,

ereinafter “AABD") who are required by defendants to wait

nger than 30 days after application for a determination of

1 /

;

) of plaintiff are typical of the claims of the class.

Maintiffs will fairly and adequately protect the interests

, the class. ;

18. Illinois participates in the Federal government's

ram of Aid to the Aged, Blind, and Disabled (AABD), estab-

shed by the Social Security Act, 42 U.S.C. Subchapter XVI, §§

81 et. seq. As a condition thereof, Illinois is required |

conform with the requirements of the Social Security Act and

ulations promulgated thereunder by the United States Depart-

t of Health, Education and Welfare.

19. The Social Security Act provides that

“all individuals wishing to make application under

the (AABD) plan shall have opportunity to do so

and that such aid or assistance shal] be furnished

with reasonable promptness to all eligible indi-

viduals." 42 U.S.C. § 1382(a) (8).

20. At all times relevant herein, the regulations of

e Department of Health, Education and Welfare have required

at action on applications for AABD be taken within thirty days,

cluding, for those determined eligible, the actual receipt of

D assistance- Handbook of Public Assistance Administration,

rt IV, Section 2200(b) (3) (4), 2300(b) (3) (5S).

22, The defendants maintain that these abovementioned

ulations are not mandatory and binding on them with respect

AABD applications. °

; 22. As of the end of November, 1970, approximately

% of the applications for AABD pending at the Cook County

ee

-7J-

Department of Public Aid had been pending longer than 30 days.

23. The rules and regulations of the defendant

. Illinois Department of Public Aid with respect to time standards

for processing of AABD applications, Illinois Categorical

Assistance Manval, Sections 4004-4004.3, are in violation of

the requirements of the Social Security Act and regulations

quoted above in paragraphs 19 and 20.

24. Further, at all times relevant herein, Section

8255 (and subsections thereunder), Illinois Department of Public

Aid, Categorical Assistance Manual, has provided that initial

grants (ineluding AABD) may be authorized only for the month

in which the application has been approved, but not for any

prior months.

25. Pursuant to Section 8255, Iliinois Categorical

Assistance Manual, plaintiff John Jordan is barred from receiving

AABD benefits for October, November, and December, 1970 in

violation of the Social Souuwity Act and regulations wastes

above in paragraphs 19 and 20.

26. By failing to follow the "30 day requirement"

of federal law, the defendants and their agents acting under.

color of state law, have unlawfully deprived Plaintiffs of AABD

assistance and their rights under the Social Security Act and

the regulations issued pursuant thereto.

27. No adequate administrative remedy or remedy at

law is available to the plaintiffs.

28. Plaintiffs have suffered irreparable damage to

their health and well-being and will continue to,suffer severe “*

and irreparable injury because of the failure of defendants

'and their agents to comply with the "30 day requirement."

COUNT II

29. Count II is brought as a class action by the

named plaintiff on his own behalf and on behalf of all other

persons similarly situated pursuant to Rule 23(a)(b) of the

) Federal Rules of Civil Procedure. The class is composed of

} all applicants for AABD in Illinois who meet the eligibility

requirements when they apply but are denied benefits for the

intervening period from the date of application to the month

} in which their grant is suthori zed. This class is so numerous

that joinder of all members is Sageactionl: There are questions

of law and fact common to the class. The claims of plaintiff

are typical of the ciaims of the class. Plaintiffs will fairly

and adequately protect the interests of the class.

30. Some eligible applicants for AABD similarly

situated to John Jordan applied for AABD benefits in September,

1970, and were determined eligible in said snobs and began

receiving assistance in and for said month.

31. Some eligible applicants similarly situated to

John Jordan applied for AABD benefits in September, 1970, and

were actermined eligible in October, some were determined

eligible in November, and some were determined eligible in

December, and as a consequence, said applicants began receiving

assistance in and for October, November, and December respec-

z Li © 7

tively, but not for any period prior to the month in which they

we determined eligible.

4 32. By delaying determinations of eligibility, the

@efendants lessen expenditures to the needy for basic subsis-

tence payments. . .

33. To condition the date upon which AABD benefits

begin to the speed of the administrative process, is to estab-

Qish,wholly arbitrary and invidious classifications between

Pimilarly situated, equally needy persons.

34. Section 8255 of the Illinois Categorical Assis-

ance Manual is invalid and unconstitutional on its face and

bs applied to plaintiffs in violation of the equal protection

Iclause of the fourteenth amendment to the Constitution of the

tunitea States. |

35. The policy of the defendant Illinois Department °

dor Public Aid, and the practices of its 102 agent County. epee

ments of Public Aid throughout the State of Illinois, do not

}require AABD assistance be paid from the date of ‘application

ywhen the applicant meets all of the eligibility conditions at

Tenat time.

36. The policy and practices of the defendants

described in paragraph 35 above and in this Cowmt are in vio-

Jilation of the Social Security Act, 42 U.S.C. § 1381 et. seq.

| and federal regulations issued thereunder, 45 C.F.R. § 233.20

(a) (1) (2) (iii), and Department of Health, Education and Welfare,

7 °- i

iz

- -10-

Handbook of Public Assistance Administration, Part II, § 3300,

§ 4300. :

37. The policy and practices of the defendants

described in paragraph 35 above and in this Count are in vio-

lation of the Illinois Public Aid Code, ch. 23, Section 3-1,

I1l1.Rev.Stat. which provides that financial aid

“shall be given under this Article to or in behalf

of aged, blind, or disabled persons who meet the

eligibility conditions..."

38. Plaintiffs have suffered and will continue to

suffer irreparable injury to their health and well-being because

of the policy and practice of the defendants described in para-

graph 35 above and in this Count.

39. No adequate administrative remedy or adequate

remedy at law is available to plaintiffs.

WHEREFORE, plaintiff: respectfully prays, on behalf

of himself and all others similarly situated, that this Honorable

Court: x

1. Enter a temporary restraining order enjoining

the defendants, their successors in office, agents, and employees

and all other persons in active concert and participation with

them, from continuing to cause irreparable harm to plaintiff

and other persons similarly situated by failing to comply with

the requirement for making determinations of eligibility for

AABD applicants within 30 days and sending checks to those

- determined eligible within that same 30 day period.

, sg

° fo #: beac V4

-11-

2. Enter preliminary and permanent injunctions

‘enjoining defendants, their successors in office, agents and

employees, and all other persons in active concert and parti-

Bs ceeden with them, from failing to comply with the federal "30

‘ay requirement" with respect to applicants for AABD.

3. Enter a final judgment declaring Illinois Cate-

Wgorical Assistance Manual Sections 4004 and 8255 (and subsections

hereunder) as applied to applicants for AABD invalid insofar

Aas they are inconsistent with the Social Security Act and regu-

lations issued pursuant thereto.

4. Enter a final’ judgment declaring that the Illinois

Public Aid Code, ch. 23, Sections 3-1, I1l.Rev.Stat., the Social

Security Act and regulations thereunder, and equal protection ; .

of the laws as guaranteed by the fourteenth amendment to the

J united States Constitution require that applicants for AABD

3who meet the eligibility conditions for AABD at the time of

their application are entitled to AABD benefits from the date

of application. -

5. Enter a permanent injunction enjoining the defen-

dants to award to the entire class of plaintiffs all AABD bene-

fits wrongfully withheld. ;

6. Allow punitive damages in the amount of $100,000.00

against Harold Oo. Swank.

A we

ook: ae ia

7. Allow plaintiff his costs herein, and also grant

him and all persons similarly situated, such additional or

alternative relief as may seem to this Court to be just,

proper and equitable.

Sheldon Roodman

Kenneth K. Howell

Community 11 Counsel

116 South Michigan Avenue

Chicago, Illinois 60603

726-0157

Attorneys for Plaintiffs

Respectfully —_— Ss.

MNketcen fee cree,

eldon ery

Le Wa

Kenneth | K. Howell

OSE IN CENTER

COPY BOUND cL

IN THE UNITED STATES DISTRICT COURT °

FOR THE NORTHERN DISTRICT OF ILLINOIS PEP es

EASTERN DIVISION bE be DS

JAN 14 1571

* STUART CUNINNSGHAM

o'c‘ork

JORDAN, by his next friend

ETTE BRYANT, individually

on behalf of all other

ons similarly situated,

ax

Plaintiffs,

wa 7t C 70

; County Department of

lic Aid; EDWARD J. BARRETT,

ptroller of Cook County,

ividually and in their

icial capacities,

Defendants.

MOTION FOR A TEMPORARY RESTRAINING ORDER

Plaintiff, JOHN JORDAN, on his own behalf and on behalf

all other persons similarly situated, by his attorneys,

ELDON ROODMAN and KENNETH HOWELL, respectfully moves for the

try of a temporary restraining order enjoining the defendants,

eix successors in office, agents and employees, and all persons

active concert and participation with them, from failing to

e determinations of eligibility or ineligibility for applicants

br Aid to the Aged, Blind, or Disabled (hereinafter “AABD") within

irty days from the date of application, and from failing to

svide the first AABD check within thirty days from the date of

I

is

Bpplication for those determined eligible for AABD, ‘such check

overing the full amount of the AABD entitlement had the applica-

4 ion been acted upon within 30 days as required by federal law.

Further, the named plaintifé, John Jordan, respectfully

jnoves for the entry of a temporary restraining order enjoining

e defendant — County Department of Public Aid and its

i, ployees from failing to make a determination of eligibility on

is application for AABD any later than 4:30 P.M., Friday, January

915, 1971, and in the event his application is approved, enjoining

“jthe déetendants to issue no later than 4:30 P.M., Friday, January

915, 1971 a check for the full amount of his AABD entitlement had

Shis application been acted vpon within the maximum thirty day

}time period.

In support of this motion, plaintiff submits the affidavit

of Jeanette Bryant, attached hereto, and a supporting memorandum

of law with exhibits attached thereto.

Respectfully eamgis

skeen ees

Sheldon Roodman /

one of the Attorneys for the

Plaintiffs

Sheldon Roodman

Kenneth K. Howell

Community Legal Counsel

116 South Michigan Avenue

Chicago, Illinois 60603

726-0157

‘

...- IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

OHN JORDAN, by his next friend,

JEANETTE BRYANT, individually

4and on behalf of all other

persons Similarly situated,

Plaintiffs.

vs.

HAROLD O. SWANK, Director,

llinois Department of Public

id; DAVID DANIEL, Director,

Xomptroller of Cook County,

Sindividually and in their

Yofficial capacities,

Defendants.

(ETATE OF ILLINOIS)

) SS.

OUNTY OF C O O K)

AFFIDAVIT OF JEANETTE BRYANT

I, JEANETTE BRYANT, being first duly sworn, Gepones and says:

1. My name is Jeanette sxyene and I live at 4241 South

Cabinet) Chicago, Illinois

2. John Jordan, age sixty one, is a roomet in my apartment

at. 4241 Ss. Calumet, Chicago, Illinois, and has been for over

three years.

3. John Jordan has a substantial mentiil deficiency and

functions at the level of a small child. Hejsunable to read or

to ‘recognize or count money. His intelligence is so limited

that he requires supervision in most matters affecting his

every day life. I have cared for John Jordan with the

a/ a Co

assistance of the Progressive Baptist Church and some members

thereof.

4. On or about September 18, 1970, John Jordan applied

for disability assistance at the Oakland Office of the Cook Coun

Department of Public Aid.

5. A caseworker from the Cook County Department of Public

Aid, Anna Marie McCarthy, came to my apartment in November for

a home visit in connection with John Jordan's application for

disability assistance. :

6.:.2 and John Jordan have eseporetiot in every way possible

with any and all requests of the Cook County Department of Public

Aid’ and its employees.

7. John Jordan has no income or assets except for approxi-

mately $2.00 he earns by working at a drugstore one day a week

and other occasional odd jobs.

8. The Cook County Department of Public Aid has yet to act

om the application for disability assistance of John Jordan and

John Jordan has not received any such assistance from the Depart

ment of Public Aid to date. Anna Marie noCerthy, the caseworker

‘for John Jordan, has informed me that she is extremely _—_ and

has not had time to act on John eonsaaes s application.

,

4.2

* 9. John Jordan is in dire need of monetary assistance

and medical assistance. He does not eat properly because of

lack of sufficient funds and is presently sick with a cold and

cough and in need of medical care. Also he lacks vision in one

eye and needs to be fitted for glasses.

fe. eda rc Wet cork”

“Jeanette Bryant og

¢

Subscribed and Sworn to Be fore

‘me this ‘“ day of January, 1971

we

intr Public

ZL?

LIN WE UNITED STAVES DISTRICT COUKT

FOR THE NOY! DISTRICY OF ILLINOIS.

he hae ee EASYERH DIVISIOH wy

. -. : .- "+ Wares ores

\DYS RODRIGU Ze PEAY Soha

j on behalf of hes minor -.

Hldren, RATARL, FRRECISCO, —

LIA, and HIGUEL RODRIGUEZ; .

1 on behalf of all other .

wer sons similarly situates,

+? : .

‘

oft, 2%

‘is

Sn Ss ie Plaintiffs,

S. 10 tah. Sil TH, on benait

her minor chilérena, STEVE}

DebRA KELLY, anc PAY OND

f, end on behalf of all

her persons similarly situated,

‘e-

eet et eet ee et eet et

ee we

.

Plaintiff =Thtervenor >

7.

ROLD O. SHANK, Director, Illi-

bis Depertwent of Public Aid;

pine DANIEL, Rixector, Coox ,

a, Defendants.

° ¢

ss aS, id id ¢ .

et et et et et et et et at et Se et

’

* .

.

- ‘bes

-

Stat ORDER

| “this matter r coming ¢ on to be: heard pursuant to this

burt's Henorand=s Opinion of Septenber x“, 1970, “and Orders

tered on such date denying all of the Sefendants' notion to

iss, denpins a Ferold O. Swank's motion for Suag-

ont on the plez dings, and allowing Both counts of plaintiffs’

Zaint to be eaintained as a class ‘action, and pursuant to

he ‘stipulation of fects peas: by ¢ the parties ‘hereto; and eZ

caseraed

*.* .

“eho os set . e . .

* : : "s te

=. @.*%* eo So Se > .

. . 2 ¥* ~~. > 5 © 2P7 Yc 30 ot . 24.

b — ° . > : >, * ghieon S. e! 2% wt >>. “ «,

“the court heving | costed with counse} for the ‘parties

i

s* al

.<

=

‘*

having determined that the severe) provisions of this Deeree -

-

“necessary tio prohibit the ‘future violation of the binding ares

eral: thirty-dey ‘Feguirescnts and to Fenedy past violations of

a thirty-dey, requirenenis, to, ‘the “end that plaintiffs ‘and the

ss “of pocecns represented by: then Shall have. the full equit-

—~ — ae «*

°. ¢ . >

c relief ,bo,which they are entitiea, ae ME : a

aT Is HEREBY ORDERED, ADJUDGED, AND DECREED: _

(a) @e-

thes From the date of the issuance of. this Decree,

dant David Daniel, as Director of the Cook cnenty Department |

‘public’ “Aid, is enjoined, ordered, and directed, ‘and (b) defen-

nt-Harold 01 Swank, es Director of the Illinois Bapartnese of ‘

lie Aid, is ‘enjoined, ordered, and Gtieten to cause and order

je, one ‘hundred ° two (102) County Departments of Public Aid in the

ate ‘of Illinois: to make all deterninat tions of eligibility or

— for all applicants ne Aid to Fenilies with, Depen-

: nt ‘chiléres (AFDC) within thirty Go) days from the Gate of

pplication, such epplications being nade either orally or in

iting; whichever is made first, subject only te the exception

"Further, (a) defendants Davie iel, as

d paragraph Se infra.

ector b£ the Cook County Department of Public aia, & Béward :

--

Barrett, 2s ‘Comptroller of Cook county, are hereby enjoined,

rected, and ordered, and (b) defendant Harold °. Swank, as—

irector of the Illinois Department of Public aia is hereby en- %

ined, ordered, and directed to cause and order the one bendived

ee

* (202) County Department's of Public’ “Aid in the State of Tlli-

. * of . °« “ae "2 e° eS a X . tal Sar

cel t= She fo Beats: |

ry gy ee ee spe face

18 oe , Sewae Sry seine Bie et a4 mn

Lice), ‘or othervise: to cause for those applicants dcter-

ined eligibie, the receipt by ‘aia applicants of their first gr

vl) ‘arpe” check within ‘thirty. (30) “days. from the daic of appli-,

ation, subject only to the “exception in paragraph 5. infra.

2

-

eee (ay defendant David peviiel, as Director of the Cook

ounty Depertnent of Public Aid, is hereby endetead,; ordered,

nd directed;' and (b) defendant Harold 6. “Swank, as Director of

ae .

e Illindis Departnent of Public Rid, Ze “enjoined, ordered, and

wirected to cause and order the one hundred two (102) County De

partments ‘of Public Aid ‘nm the State ae Illinois: to make ‘dete

7“ @

ninetions of eligibility or ineligibility of all ‘pending AFDC

depplications within thirty (30) days from the date of issuance |

DE this Decree, ‘subject only, to the exception in paragraph S,

adlina Further, (a) betbadnnin: David Daniel, as Director of

Cook County Department of Public Aid, and Edwerd J. Barrett,

as Comptroller “of Cook County, are hereby enjoined, directed,

and” ordered, end {b) defendant Rarold O. Swank, as Director of

the I11inois Depart tment of Public Aid, is hereby enjoined,

ordered, and directed to cause and order the one hundred to ‘

(102) County Departments of Public Aid in the State of Illinois,

and their’ ‘respective ‘comptrollers for his counterpart in office)

or otherwise: to cause for those applicants determined eligible

, *e%e

wo ae

Fe PE. a ee

ae

eee

.

a

g >.

-* _*

-~ we i Soka Ts enls Es oe a

oF :

>

recei ipt | i: sid epplicents Cs their r fitse funn’ APoo check .

@* as “ . +e.»

ze eS S *. ee Coetetere tetris

in, Ahirey (30) ezys ‘from the date of the iss suance poy this

ec, sbbjéct only to the’ exception ‘in paragraph 5, infra. -

ve S° “she tee

Be that the aefendent Harold 0. _Suank, Director, main

*.@

: - . ‘-

WNL acti ete UY NE ated Pie Oe Say, rer. yh “* = ee ous

Departsent of Public Aig, ‘Be and is. hereby nandatorily_ en~ —

ry

-

bed “oat @. eres 2

mcd, ordered a, ana directed to averd, “within one 2 hundred and”

ms

‘

ea oes

ty” (120), days fron ihe dete of ta issuance of this Decree,

11 apififeants for AFDC in, ‘the one hundred tuo (202) counties”.

fiinois who were determinca eligible on or after December .) ee

e .

F where ‘such determinations were not made within thirty” (30)

From the date of application, AFDC assistance from the’ thir-

(30th) Gay after ‘he ae of application te the. date the

* ‘

icant's entitlewent ‘to, "AFDC. became effective. Such award of

ozctive paytients will be mailed ‘to those persons currently

iving ane within ons hundred tventy. (120) Gays from the

ance of this Decree with an explanatory letter, said etter

a

ng been first ot by plaintiffs’ attorney. . Any avard-

ived purszant: to this Paragraph ‘shall not be deened incone

esources under Article Iv, Section 4-1. 6 of the Tilinois

ic aia Code. For those Persons not Pr esently Ramrprotors

Sa ° “ *.

- oe rit ti - eo - _- at "2 ve te - — . -e. « ‘ °

Woe ee es on - - ‘ <9 “ - a? ®. ° - eo

= ° - i ce ee % <> . Se ee - ee a a ae -— - m,

= a oe. te re ee aoe 5 oe Pe ge i ee -*

4e

at. > - : * oe

oe O te “8 3 @*6 + ™

ds el, A certified letter pe Eat receipt requested),

letter having been first approved by plaintiffs' attorney,

be sent ‘to the last known address of the party, informing :

in rar pracenss and easily understandeble terns that, he is owed

e

ward ‘of retroactive assistance, with the amount “specified,

‘

t

he

TG PE.

o- ¢

: +f

2 « *

he Departuent, oF Public, Mes ang that he iene Slant ‘SUén | pen

sis within forty-five (4s) apn patos Bie: recdipt eo

. - Ps ae te Mie © + oo, ee. x .

et, ee ash Pie BP gt hg 9 o ope ei ee Be

.? . ‘ee > ¢ © I. : .

ro * eS ae 88 th ? ia .

- . es Bee fe owte Bo. °°*"e we %. were . pull a a. seer wore. ee Pid. a Pade oe ges

. os ‘2 a le eo, & en, “s 0+ DP ooy +e ad ae

TO If the County’ ‘Department of Public Aid has’ not a

: iveé such a ‘Feguest ‘for the “avard of retroactive Bayments |

- .

pag Ea wrens

in forty-five (45)° days ‘froa ae date of the returned re-

t, “the: right to ‘said award of retroactive payment shall be oy

e+e. o° bye & e 2

ited’ “sid the file shal be closed. digha = oe ee

: 7 wees the date of the issuance veil this Decree, the en- ‘

ement | of all eligible APDC applicants in the State of mi :

shall attach no later than the thirticth (30th) day efter

gate of application. In* ~~ case in which eligibility is :

rained subseguent to the thirtieth (30th) day after the

of application, the applicant shall be entitled to AFDC

stence retroactive to the. thirtieth (30th) aay, subject :

to the exception in paragraph S, ‘infra. If the applicant

en ied AFDC assistance retroactive ts _. thirtieth (30% th)

_Porsuant_ ‘“s paragraph 5,7 infra, ‘said ‘applicant ant receive

itten statenent explaining fa) that this denial wes besed on

failure or mite on the pert of the ‘applicant to weevite spe-

eit estential information, and (b) that the applicant nae the

t to appeal within sixty (60) days this decision of the

ty Department of Public Aid. £ ; Poi apiee Se

be The sole exception to the thirty-day_ requirement as

ned in paragraghs I and 4 fs in those cases “where it is in- -

ible to make a determination of eligibility » because of fail-

es any di isputes. ‘betwecn ihe ‘perties as te whether the -pro-

res and | steps outlined by the defendant” will fulfiln the re

3

-

ae

enonts of ‘this Decree wild be ‘resolved by | the ‘Court. | a oy 5

” ware *. ”

‘ 1 detopignt cena o. Swank shall. submit to ‘the peel and

sth df time since date of application, ‘for each county in the

e of Illinois this same information shall be provided to

Court ‘and “to the plaintiffs" “attorney for each ‘of the Six

hs following the month in which this Decree is granted. De

ant David Daniel shall submit to the Court ena to” the plain-

.

s' attorney for each of the six months following the month ~

hich this Decree’ is granted the chart, Analysis’ of "Regis—

d Applications Pending Investigation, Source: ‘Cook County

rtment of Public Aid - - Form CCDPA~264. : x

Defendant Harold oO. Swank ig directed to provide

es ‘of this Decree to each County Departnent of. Public Aid

ihe State of Illinois and to issue ‘an official Bulletin of

.o

-

rilinois Departeent of Public aid incorporating the provi-

s a this Decree within five (5): cays from the —s thereof.‘

bo. The: wehter required by paregras ph 3 of this Decrce ees

aved pending any appeals in this cause.” No later than one

re risk (220) days frou the date ‘the relief required t by -

“+ . a .

oe Meee “* .

* ae” .

- .

° .

‘ -7-

. oc

. ad in. ce s

se, a sod Ped Oe fey

_ . e bd

of AE tae 8 ne ae

tat, "*

-

écley on the ‘part of the .2pPlicant to" provide. essential en

.%%e *%a3 ~ aha

> ae

= Sng Sx

sation; ‘in such instances, the case record must she ‘that Se

a *e - fase

or failure results from ‘cixeunstances within the dppli-

-%.

s ‘control. and understanding. ‘In the future, part of ‘the ee

* -

Coe See = ~~. = ee ae.

exception t to ‘cireunvent the “enirey-aey action requiteasnt :

“2% Se ee os

~<

gi Nee on "ase

3s 2:

of es

ot

*e:

be viewed as 2 violation of this Decree. oe eS rr

piegerte an) pote Se

" plaintife cleeys Rodriguez and her minor chilaren, z

“ee FEaneisco, | Willie, and Higuel otix Sine: are entitled to

ard of AFDC assistance ‘for the period from: October 17, srt

veisber 30, 1969, “inclusive. Plaintife hrs. Loretha Smith, :

alf of her minor children sins ‘kelly, Debra Kelly, and

nd Kelly, ig -entitled to an award. of ‘AFDC assistance f

eriod from September. 20, ‘1969, to December me 1969,

; Reaction 8255.1 of the Illinois categorical Assistance 5

I of the Illinois Department of mere Aid shall rot be 2a

o. the award of retroactive paynents in srbecianes with ea

of this Decree, and further, that section shall be deened

and void and there shall be Ro. bar’ to the oward of ‘eat ie

retroactive’ to the thirtieth ms fron the Pane: of f epplica—

> nae >= os ° ae a ° -*

- I : - + iy : “ a - Fe aed ce -* = aay

° ag . . Bp ™ . - “9 ee ‘ss - Big a

«8 >. ad

8. “article Iv, ‘section - -8 of the Illinois Public aia

shall not be 2 bar te any relief afforded by paragraph 7

is Decree. . DES RY ae es . es tee

é . “7 . - . ix

i Within fifteen (15) days from the date of ‘this eas :

dant Harold o< Swank ‘shall submit to the court and the.

He ee + eremes PS Tt ewmme owes - + am 6 oe

ae eee ioe $025 Ses tad ee Fp wigs os BO roe PP pee

= paragraph 3" Boconee “effective, éefentiznt Harold oO. Swank sha shall

b:08 were, 6

sa Sz a? ee . Ye Bees =f Pao ae oes fat

2 peta to the’ “court ‘an affidavit to the effect tha the avers” ei :

rt IS -

t been’ notion *

‘re,

tend letters equines under Baresreph 3. have in “tad

‘

513. ; thse Decree “Shall ‘be binding ‘upon nerola ow Svank;

ved Pa 3 a 2-35 nd

3." 1 fom ken Pe Sage tent? -

the David Denicl, Beeerd - Barrett, the Tlinois ‘Doparinent ot

<2". SF ee Sa 2 ~ 3:

.

eee public aia,” te ‘Gosk County Departuent “3 ‘Public ‘aia, and the

oa County ‘conptrolier’ 's Office, their officers, agents, ser~ a

; “wants, eee. une their successors, and upon those persons

in active concert or participation with then who receive actus

we “ps °

-

4" ‘notice ef the order by yeseeuns ‘services or otherwise.

= Me This. Court shall retain cont ining forfediction over :

-

ar

: sf Roger J. Kiley

er J. Kiley, svege

ted States Court of appeals

: BERNARD ¥. DECKER

“fst Bernard M. Decker

sores H. Decker, sucese

Ss, - Gakeed States District Court

iss tasters L. will

iit i.- Hubert Lo Sill, succe

“oF 37.", United Stones District soem ty

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— UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

-

Bsoun JORDAN, by his next friend,

JEANETTE BRYANT, individually,

and on behalf of all other

persons similarly situated,

Plaintiffs,

vs. No. 71C 70

Illinois Department of Public

Aid; DAVID DANIEL, Director,

Cook County Department of

Public Aid; EDWARD J.

Comptroller of Cook County,

individually and in their

official capacities,

)

)

)

)

)

)

)

HAROLD O. SWANK, Director, )

)

)

)

)

)

)

)

)

)

Defendants.

ORDER

This cause coming on for hearing on plaintiffs‘ motion

for a temporary restraining order, and the defendants having re-

ceived notice and being represented by counsel, and the Court

having considered the affidavits, exhibits, and memorandum pre-

sented by plaintiffs, and also the representations and arguments

of counsel for all parties, and being fully advised in the pre-

mises; and

. The following findings of fact have been admitted by

the Cook County Department of Public Aid:

1. Plaintiff John Jordan applied to the Cook: County De~-

artment of_Public Aid on September 18, 1970, for Aid to the

isabled under the Aid to the Aged, Blind, and Disabled (herein-

fter “AABD") program; and

‘2. As of January 14, 1971, the application of John Jordan

or AABD had not yet been acted upon by the Cook County Depart-

ant of Public Aid, and John Jordan had received no assistance

atsoever;

3. Plaintiff, John Jordan, age sixty-one, with the assis-

ance of his friends, cooperated in all respects with the Cook

Pounty Department of Public Aid, furnished all information re-

Tuested by the Cook County Department of Public Aid, and has

been ahd is eligible for AABD.

4. Numerous other persons have made applications for AABD

> the Cook County Department of Public Aid and many such appli-

sixty days as to disabled under AABD, with a number having been

pending longer than six months;

: 5. Defendant Harold 0. Swank is the Director of the Illi-

ois Department of Public Aid and is charged with statewide

ndministration of the categorical aid programs, including Aid to

2 Aged, Blind and Disabled, and with establishing regulations

carry out the statutory provisions of such programs. Defen-

fant David Daniel is the Director of the Cook County Department

of Public Aid, an agency of the Illinois Department of Public

sw

id, and is responsible for’ administering the categorical aid

programs, including AABD, in Cook County. Defendant Edward J.

Barrett is the Comptroller of Cook County, responsible for the

i signing of emergency welfare checks in Cook County; and

The Court further finding:

6. The named plaintiff has brought this action as a

Wclass action on his own behalf and on behalf of all other per-

sons in Illinois eligible for AABD who are required by defen-

dants to wait longer than thirty days after application, as to

aged dnd blind under AABD, and longer than sixty days after

application as to disabled under AABD, for a determination of

eligibility and receipt of their first assistance check.

7. This class is so numerous that joinder of all members

is impracticable. There are questions of law and fact common

to the class. The claims of plaintiff are typical of the claims

Plaintiffs will fairly and edequately protcct the

ot the class.

interests of the class. The defendants have acted or rofused to

act on grounds generally applicable to the class, thereby making

appropriate injunctive relief with respect to the class as a

whole.

8. Those persons composing this class are, and will con-

tinue to be, irreparable injured by the failure of the defen-

dants to process their applications and to provide AABD assis-

tance within the maximum time periods permissible under federal

regulations. Plaintiff, John Jordan, does not have funds with

which to obtain proper and necessary food and clothing, and

medical and dental care. The named plaintiff, John Jordan, is

suffering, and will suffer immediate, certain, and irreparable

injury by reason of the failure of the Cook County Department

_ of Public Aid to approve his application and to provide him AABD.

CONCLUSIONS OF LAW

1. The Court has jurisdiction over the parties to this

action and over the subject matter of the action.

2. The hereinabove findings of facts establish that the

Cook County Department of Public Aid and the Illinois Department

of Public Aid have not complied in Cook County with the Handbook

‘of Public Assistance Administration, Part IV, Sections 2200 (b) (3)

(4), 2300(b) (3) (5), and the Court is at this time satisfied that

_ plaintiffs are likely to prevail on the mandatory and binding

nature of these regulations. Rodriguez v. Swank, 69 C 2615 (N.

D. Ill., 1970) (three-judge court).

3. This action is properly maintainable as a class action.

Federal Rules of Civil Procedure, 23(a) and (b).

4. Plaintiff and the clasé he represents will suffer im-

mediate and irreparable injury if a temporary restraining order

is denied.

5. - Plaintiff and the class he represents are entitled to

a temporary restraining order as hereinafter set forth.

The defendants hereby give thcir consent.to the exten-

-sion of this order until April 15, 1971. However, such consent

to the extension of this order shall not b: ‘leemed to be a waiver

by the defendants of any right to app-rl thu. order or to move

this Court at any time to vacate, stay, or dissolve this order.

Issucd at /0:30f). -m., January al ° fie cle pro tunc,

effective 12:01 p.m., January 1‘, 1971.

- Se > & , A. tort:

United States pis trict Judge

IT IS HEREBY ORDERED, ADJUDGED, and DECREED That the

defendant David Daniel, as Director of the Cook County Depart-

ment of Public Aid, and his employees are enjoined from fail-

ing to make a determination of eligibility on the AABD applica-

tion of John Jordan any later than 4:30 p.m., Friday, January

15, 1971, and, in the event his application is approved, de-

fendants are enjoined from failing to issue any later than 4:30

p-m., Friday, January 15, 1971, to John Jordan his AABD entitle-

ment; and

“IT IS FURTHER ORDERED That the defendants, their

agents and employees, and all persons in active concert and par-

ticipation with them, are hereby enjoined from failing to make

determinations of eligibility and providing AABD assistance for

those determined eligible, within thirty days from the date of

application as to aged and blind applicants for AABD and within

sixty days from the date of application as to disabled appli- ‘

cants for AABD in the State of Illinois except in those cases

where it is impossible to make a determination of eligibility

because of failure or delay on the part of the applicant to

provide essential information within the applicant's control

and understanding, pending final adjudication of this cause.

PROVIDED That defendants are hereby given | until April

15, 1971, to act on all AABD applications now pending, and on

all AABD (D) applications filed between the effective date of this

Order and February 15, 1971, and on all AABD (A) and (B) appli-

cations say ad between the effective date of this Order and March

15, 1971. ‘ men

& a

IN THE UNITED STATES DISTRICT COURT

FOR THE KORTHERY DISTRICT OF ILLINOIS, . :

EASTERN DIVISION ‘eb i i

JAN 2.8 1371

H. STUART CUMNINGHAS

ee

JOHN JORDAN, by his next friend,

JEANETTE BRYANT, indivicually

and on behalf of all other

persons similarly situated,

Plaintiffs,

vs. NO. 71C 70

Illinois Department of Public

Aid; DAVID DANIEL, Director,

Cook County Department of

Public Aid; EDWARD J. BARRETT,

Comptroller of Cook County,

individually and in their

official capacities,

)

)

)

)

)

)

)

HAROLD O. SWANK, Director, )

)

)

)

)

)

)

)

)

Defendants. )

AMENDED CCMPLAINT FOR DECLARATORY

JUDGMENT, “EQUITABLE AND OTHER

APPROPRIATE RELIEF

PRELIMINARY STATEMENT ~

1. Plaintiff, individually and on behalf of all

other persons similarly situated, seeks primarily to have

this Court declare mandatory and binding on the defendants

federal regulations requiring (a) determinations of eligibility,

and (b) actual receipt of Aid to the Aged, Blind’ and Disabled

(hereinafter AABD) for those determined eligible, within

thirty days from the date of application as to aged and blind

applicants for AABD, and within sixty days from the date of

application as to disabled applicants for AABD, and further

declaring void all state statutes and regulations inconsistent

with said mandatory federal regulations. Plaintiff also seeks

wy es

—<—

a declaration that the Illinois public Aid Code, ch. 23, Sec-

tion 3-1, Ill.Rev.Stat., federal law, 45 C.F.R. § 233.20(a) (1) (2)

(iii), and.equal protection of the laws as guaranteed by the

fourteenth amendment to the United States Constitution ,require

AABD to be paid from the date cf application if the applicant

meets the eligibility conditions at the time of application.

JURISDICTION

2. Jurisdiction is conferred on this court by 28

U.S.C. § 1343(3) (4) and by 28 U.s.c. s 1331. The amount in

controversy) exclusive of interest and costs, exceeds the sum

or value of $10,000.00.

3- Plaintiff's acticn for declaratory and injunctive

relief, and for benefits wrongfylly withheld -is authorized by:

(a) 28 U.S.C. §§ 2201, 2202 and Rule 57 of the

~ Pederal Rules of Civil procedure, which relate to

declaratory judgments; ; |

| (b) 42 U.S.C. § 1983 which provides redress

“for the-deorivation Under color of law.of rights,

privileges, and immunities secured bythe Constitu-

tion and laws of the United States.

PLAINTIFFS —

4. The named plaintigg, John Jordan, age sixty-one,

‘lives at 4241 W. Calumet, Chicago, Tllinois, ay a room of the

apartment of Jeanette Bryant.

5. John Jordan has 2 substantial mental deficiency

‘

_.. 38

-3-

and functions at the level of a small child. Jeanette Bryant

generally supervises most matters affecting the everyday life

of John Jordan. .

CLASS ACTION

: 6. The named plaintiff brings this action on his

own behalf and pursuant to Rule 23(a) and (b) of the Federal

Rules of Civil Procedure, on behalf of all other persons simi-

larly situated.

- DEFENDANTS

7. Defendants are as follows: (a) Harold 0. Swank,

is the Director of the Illinois Department of Public Aid and

is charged with statewide administration of the public assistance

programs, including Aid to the Aged, Blind and Disabled, and

with establishing regulations to carry out the statutory pro-

visions of such programs; (b) David Daniel is the-Director of

the Cook County Department of Public Aid, an agency of the

Illinois Department of Public Aid, and is responsible for

administering the public assistance programs in Cook County;

and (c) Edward J. Barrett, is the Comptroller of Cook County,

responsible for the signing of emergency welfare checks.

FACTUAL ALLEGATIONS

8. John Jordan has a substantial mental impairment :

and functions at the level of a small child. He is unable to

~

v

read or to recognize and count money.. His intelligence is so

limited that he requires supervision in most matters affecting ~

his everyday life. His mental impairment is of a permanent

nature and substantially impairs his ability to perform labor

or services or to engage in any useful occupation.

9. On or about September 18, 1970 John Jordan dieties

for Aid to the Disabled at the Oakland office of. the Cook County

Department of Public Aid.

10. At the time of his application for Aid to the

Disabled John Jordan met all of the eligibility conditions for

Aid to the Disabled, and he still meets said eligibility condi-

tions, and is in all ways qualified for such assistance.

11. John Jordan, or friends acting on his behalf, have

cooperated with the Cook County Department of ‘Public Aid in all

respects and have furnished all information requested by the

Cook County Department of Public Aid and its employees.

12. The Cook County Department of Public Aid has yet

to act on John Jordan's application for Aid to the Disabled and

John Jordan has not received any such assistance from the

defendants as of the date of filing this law suit.

‘13. The sole reason for the delay is that the case-

worker of the Cook County Department of Public Aid assigned to

John Jordan's application has not had time to act on John Jordan’

application. tag

14. John Jordan has no income or assets except for

s

the approximately $2.00 he-earns by working at a drugstore one

day a week and other infrequent odd jobs involving manual labor.

15. John Jordan is in dire need of monetary and medical

assistance. He does not eat properly and is suffering from

malnourishment because of lack of sufficient funds and is

presently sick with a cold and cough and in need of medical

care. Also he lacks vision in one eye and needs to be fitted

for glasses. ;

16. Because his application for Aid to the Disabted

has not been acted upon and approved, John Jordan has suffered

and will continue to suffer irreparable injury, loss, and

damage because of the lack of adequate funds to purchase those

necessities requisite for a minimum standard of life compatible

with health and well-being.

COUNT I

17. ‘ Count I is brought as a class action by the named

plaintiff on his own behalf and on behalf of all other persons

similarly situated pursuant to Rule 23(a) and (b) of the Federal

Rules of Civil Procedure. The class is composed of all persons

in Illinois eligible for Aid to the Aged, Blind, or Disabled,

(AABD) who are required by defendants to wait longer than 30 days

after application, as to aged and blind under AABR, <74 longer ---~

than 60 days after application, as to disabled under AABD, for a

determination of eligibility and receipt of their first assistanc

check. This class is so numerous that joinder of all members is

.

b_ 44 : : at

impractical. There are questions of law and fact common to ;

the class. The claims of plaintiff are typical of the claims

of the class. Plaintiffs will fairly and adequately protect

the interests of the class.

18. Illinois participates in the Federal government 's

Program of Aid to the Aged, Blind, and Disabled (AABD), estab-

lished by the Social Security Act, 42 U.S.C. Subchapter XVI, §§

1381 et. seq. As a condition thereof, Illinois is required to

conform with the requirements of the Social Security Act and

sseatiniens promulgated thereunder by the United States Depart-

ment of Health, Education and Welfare.

19. The Social Security Act provides that

"all indivicuals wishing to make application under

the (AABD) plan shall have opportunity to do so and

that such aid or assistance shall be furnished with

reasonable promptness to all eligible individuals."

42 U.S.C. § 1382(a) (8).

20. At all times relevant herein, the regulations of the

Department of Health, Education and Welafre have required that

action on applications for assistance for the agee and blind undex

AABD be taken within thirty days, and action on ‘applications for

the disabled under AABD, be taken within sixty days, including for

those determined eligible, the actual receipt of AABD assistance

within the respective maximum time periods. Handbook of Public

Assistance Administration, Part IV, Section 2200 (b) (3) (4), Sectic

2300 (b) (3) (5). ReneS ; . a

21. The defendants maintain that these abovementioned

regulations are not mandatory and binding on them with respect to

AABD applications.

-7-

22. As of the end of Novenber, 1970, approximately 903%

of the applications for assistance for the aged and blind under

AABD made to the Cook County Department of Public Aid had been

pending longer than 30 days. As of the end of November, 1970,

approximately 70% of the applications for aid to the disabled

under AABD made at the Cook County Department of Public Aid had

been pending between one and six months and approximately 20% of

the same applications had been pending for six months and over.

23. The rules and regulations of the defendant Illinois

Department of Public Aid with respect to time standards for pro-

cessing of AABD applications, Illinois Categorical Assistance

Manual, Sections 4004-4004.3, are in violation a the require-

ments of the Social Security Act and regulations quoted above in

paragraphs 19 and 20.

24. Further, at all times relevant herein, Section 8255

(and subsections thereunder), Illinois Department of Public Aid,

Categorical Assistance Manual, has provided that initial grants

(including AABD) may be authorized only for the month in which

the application has been approved, but not for any prior months.

25. Pursuant to Section 8255, Illinois Categorical Assis~-

tance Manual, plaintiff John Jordan is barred from receiving

AABD benefits for October, November, and December, 1970 in viola

tion of the Social Security Act and regulations quoted above in

paragraphs 19 and 20. | | ;

26. By failing to follow the maximum, permissible tine

standards under federal lane -Gqunbed above in paragraphs 19 and 20

qb

:

Br era

ve

5 iti

the defendants and their agents acting under color of state law

% %

have unlawfully deprived plaintiffs of AABD assistance and their <—

rights under the Social Security Act and the regulations issued

pursuant thereto.

27. No adequate administrative remedy or remedy at law is

available to the plaintiffs. |

28. Plaintiffs have suffered irreparable damage to their

health and well-being and will continue to suffer severe and

irreparable injury because of the failure of defendants and their

agents to comply with the respective 30 and 60 day requirements

relating to AABD applicants. .

COUNT II

29. Count II is brought as a class action by the named

plaintiff on his own behalf and on behalf of all other persons

similarly situated pursuant to Rule 23(a)(b) of the Federal Rules

of Civil Procedure. The class is composed of all applicants for

AABD in Illinois who meet the eligibility requirements when they

apply but are denied benefits fae the intervening period from the

date of application to the month in which their grant is authorize

This class is so numerous that joinder of all members is imprac~

tical. There are questions of law and fact conan to the class.

The claims of plaintiff are typical of the claims of the class.

Plaintiffs will fairly and adequately protect the interests of the

class.

30. Some eligible applicants for AABD similarly situated to

John Jordan applied for AABD benefits in September, 1970, and were

determined eligible in said month and began receiving assistance

in and for said month.

-9-

31. Some eligible applicants similarly situated to John

Jordan applied for AABD benefits in September, 1970, and were

determined eligible in October, some were determined eligible in

November, and some were determined eligible in December, and as

a consequence, said applicants began receiving assistance in and

for October, November, and December respectively, but not for any

period prior to the month in which they were determined eligible.

32. By delaying determinations of eligibility, the defendan

lessen enpentiteres to the needy for basic subsistence payments.

« 33. To condition the date upon which AABD benefits begin to

the speed of the administrative process, is to establish wholly

arbitrary and invidious classifications between similarly situated

equally needy persons.

34. Section 8255 of the Illinois Categorical Assistance

Manual is invalid and unconstitutional on its face and as applied

to plaintiffs in violation of the equal protection clause of the

fourteenth amendment to the Constitution of the United States.

35. The policy of the defendant Illinois Department of Publ

Aid, and the practices of its 102 agent County Departments of Publ

Aid throughout the State of Illinois, do not require AABD assistan

be paid from the date of application when the applicant meets all

of the eligibility conditions at that time.

36. The policy and practices of the defendants described in

paragraph 35 above and in this Count are in violation of the Socia

Security Act, 42 U.S.C. § 1381 et. seq. and federal regulations

issued thereunder, 45 C.F.R. § 233.20(a) (1) (2) (iii), and Departmen

of Health, Education and Welfare Handbook of Public Assistance

_ «=~

°

-10-

Administration, Part II, § 3300, § 4300.

37. The policy and practices of the defendants described

in paragraph 35 above and in this Count are in violation of the

Illinois Public Aid Code, ch. 23, Section 3-1, Ill. Rev. Stat.

which provides that financial aid .

“shall be given under this: Article to or in behalf

of aged, blind, or disabled persons who meet the

eligibility conditions..."

38. Plaintiffs have suffered and will continue to suffer

irreparable injury to their health and well-being because of the

policy and practice of the defendants described in paragraph 35

above and in this Count. .

39. No adequate ad:.inistrative remedy or adequate remedy

at law is available to plaintiffs. ;

WHEREFORE, plaintiff respectfully prays, on behalf of

himself and all others similarly situated, that this Honorabie ,

Court:

1. Enter a temporary restraining order enjoining the

defendants, their successors in office, agents and employees,

and all other persons in active concert and participation with

them, from continuing to cause irreparable harm to plaintiff and

other persons similarly Situated by failing to make dpterninations

of eligibility and provicing AABD assistance for those determined

eligible, within 30 cuys from the date of application as to aged

and blind applicents for AABD, and Within 60 days fro the date

of applicativ as tu disabled applicants for AABD.

-__. 46 7? - aa

-li-

2. Enter preliminary and permanent injunctions enjoining

defendants, their successors in office, agents and employees,

and all other persons in active concert and participation with

them, from failing to comply with the federal 30 and 60 day

requirements with respect to applicants for AABD in the State of

Illinois.

3. Enter a final judgment declaring Illinois Categorical

Assistance Manual Sections 4004 and 8255 (and subsections there-

uncer) as appliéd to applicants for AABD invalid insofar as they

are inconsistent with the Social Security Act and regulations

issued pursuant thereto.

4. Enter a final judgment declaring that the illinois

public Aid Code, ch. 23, Sections 3-1, Ill. Rev. Stat, the Socia

Security Act and regulations thereunder, and equal protection of

the laws as guaranteed by the fourteenth amendment to the United

States Constitution require that applicants for AABD who meet the

eligibility conditions for AABD at the time of their application

are entitled to AABD benefits from the date of application.

5. Enter a permanent injunction enjoining the defendants

to award to the entire class of plaintiffs all AABD benefits

wrongfully withheld. : :

6. Allow punitive damages in the amount of $100,000.00

against Harold 0. Swank.

-]2-

7. Allow plaintiff his costs herein, and also wenn?

him and all persons similarly situated, such additional or

alternative relief as may seem to this Court to be just,

proper and equitable.

= subel tted,

Meth ¥ {ele ie 4%

~ . idon Roodman ;

Sheldon Roodman

Kenneth K. Howell 7” i 4 MMS

Commpnity Legal Counsel : © tL Witte

116 South Michigan Avenue Kenneth K. Howell

Chicago, Illinois 60603 : ;

726-0157

Attorneys for Plaintiffs

?.

Ii THE UNITED STATES DISTRICT 7OUES 16 PA 4 33

FOR THE WORTHERN DISTRICT OF ILLINOIS ®

EASTERN DivVISION

CLERK

_/- CTR AAI

5. CISTR. 2s Cou:

JORDAN, et al.,

Plaintiffs,

vs. KO. 71.C 70

OLD O. SWANK, et al.,

eee ee et et eee ee

Defendants.

«

ANSWER OF DEFENDANTS DANIEL AND BARRETT

TO PLAINTIFFS’ AMENDED COMPLAINT

Now come the defencants, DAVID DANIEL, Director, Cook

ty Department of Public Aid, and, EDWARD J. BARRETT, Comptroller

Cook County, by their attorney, EDWARD V. HANRAHAN, State's Attorney

Cook County, Illinois, and for answer to plaintiffs’ amended com-

int state as follows:

No answer is necessary for paragraph One.

Paragraph Two is admitted. . |

Paragraph Three is admitted.

Paragraph Four is admitted.

‘ paragraph Five is admitted.

6. cm response to Paragraph Six, these defendants deny

that this action is properly hrought pursuant to Rule 23: {|

(a) and (b) of the Federal Rules of Civil Procedure. \

oC ~_ ag

ES SS mae

_ In response to Paragraph Seven, these defendants admit

allegations as to then.

Paragraph Eight is Admitted.

Paragraph Nine is Admitted.

Paragraph Ten is Admitted.

Paragraph Eleven is denied.

In answering Paragraph Twelve, these defendants edmit

that when the original complaint in this action was filed,

‘John Socten had received no assistance. They deny thet the

Cook County Department of Public Aid has yet to act on Mr.

Jordan's application and further state that the application

has been approved and Mr. Jordan wes given emergency assist-

ance to provide support and maintenance until his first

regular check under AABD will arrive.

13. Paragraph Thirteen is denied.

14. In response to Paragraph Fourteen, these defendants

have no knowledge sufficient to form a belief as to the

truth or falsity of the allegations; they therefore neither

admit nor deny the same but demand strict proof thereof.

1s. Paragraph Fifteen is immaterial insofar as John Jordan's

application has been approved and a temporary restraining

order has been entered in this action. Whatever is not

atin ;

48

immaterial in Paragraph Fifteen is neither admitted nor .

denied due to a lack of knowle@ge on the part of these

defendants and they demand strict proof of those allegations.

16. In response to Paragraph Sixteen, these defendants have

no knowledge sufficient to noene belief as to the allegations;

they therefore neither admit nor deny the same but demand

strict proof thereof.

COUNT I .*

17. Paragraph Seventeen is denied.

18. In response to Paragraph Eighteen, these defendants

admit thet Illinois participates in the Federal Government's

program of Aid to the Aged, Blind and Disabled’ (AABD) but

state that they are only bound to conform to the recuirenents

of the Social Security Act and regulations promulgated there-

under by the United States Department of Health, Education and

Welfare where participation makes conforming to the above man-

datory.

19. The language of the Social Security Act as Set out in

Paragraph Nineteen is admitted.

20. Paragraph Twenty is denied.

21. Paragraph Twenty-One is admitted.

22. Paragraph Twenty-two is admitted.

“= ice 54 ' §9

23.

24.

25.

Paragraph Twenty-Three is denied.

Paragraph Twenty-Four is admitted.

In response to Paragraph Twenty-Five, these defendants

admit that by Section 8258, Illinois Categorical Assistance

Manual, John Jordan is barred from receiving AABD benefits

for October, November, and December, 1970 but deny that the

bar to retroactive assistance is in violation of the Social

Security Act and regulations quoted (sic) in paragraphs

Nineteen and Twenty.

26.

In response to Paragraph Twenty-Six, these defendants

deny that they have unlawfully deprived plaintiffs (sic) of

AABD assistance and their rights under thé Social Security

Act and the regulations issued pursuant thereto.

27.

28...

29.

30.

Paragraph Twenty-Seven is denied.

Paragraph Twenty-Eight is denied.

COUNT II*

Paragraph Twenty-Nine is denied.

In response to Paragraph Thirty, these defendants

have no knowledge sufficient to form a belief as to the truth

or falsity of the allegations; they therefore neither admit

nor deny the same, but demand strict proof thereof.

av

31. In response to Paragraph Thirty-One, these defendants

have no knowledge sufficient to form a belicf as to the truth

or falsity of the allegations; they therefore neither admit

nor deny the same, but demand strict proof thereof.

32. Paragraph Thirty-Two is denied. |

33. Paragraph Thirty-Three is denied.

34. Paragraph Thirty-Four is denied.

35. Paragraph Thirty-Five is denied.

56. Paragraph Thirty-Six is denied.

37. In response to Paragraph Thirty-Seven the’ language of

that part of the Illincis Public Aid Code which is set out

is admitted; the balance of the allegations are denied.

38. Paragraph Thirty-Eight is denied.

39. Paragraph Thirty-Nine is denied.

AFFIRMATIVE DEFENSES

de Plaintif?, a welfare applicant, may not-maintain this

Settee foe welfare applicants have no property right in

assistance. If the Cook County Department of Public Aid is

winiktios Federal statutes or regulations in administering

the welfare system, the proper party to bring an action is

the Pepartment of Health, Education and Welfare.

-5- _ .

FO + 33 51

2. The regulations of the Department of Health, Education

and Welfare upon which the amended complaint is based are

not eomplied—-with mauwdoXs ory:

3. The regulations upon which the amended complaint is

based were promulgated without notice or an opportunity to

be heard by the Illinois and Cook County Department of

Public Aid in violation of the Due Process Clause of the

Fifth Amendment of the United States Constitution.

4. That the plaintiff in this case has failed to comply

with available, Federally-dictated procedure available when

an application for AABD is not acted upon with reasonable

promptness. 42 USC 1382 (a) (4) requires that State plans

for aid to the aged, blind and disabled:

“(4) provide for granting an opportunity for

a fair hearing before the State agency to any

individual whose claim for aid or assistance

under the plan is denied or is not acted upon

with reasonable promptness."

Such a plan is in existence and plaintiff has failed to

utilize it.

5. This is an improper class action since the facts con-

cerning each application are different. Further, the one

named plaintiff may not be a proper representative of both

classes.

WHEREFORE, these defendants pray that this Court:

1. Strike plaintiffs' amended complaint and dismiss

.

this ‘action; or

2. Enter judgment in favor of the defendants,

EDWARD V. HANRAHAN

State's Attorney of Cook County

) GC. Bw

James A. Rooney O

sistant State's Attorney

500 Civic Center

Chicago, Illinois 60602

321-8760

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re ne ee ee

IN THE UNITEC STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINGIS

EASTERN DIVISION

JOHN JORDAN, et al.,

Plaintiffs,

HAROLD O. SWANK, Et al.,

et et ee eet ee ee ee ee

Defendants.

ANSWER OF DEFENDANT, HAROLD O. SWANK

DIRECTOR, ILLINOIS DEPARTMENT OF PUBLIC AID

Defendant, HAROLD O. SWANK, Director, Illinois

Department of Public Aid, by his counsel, WILLIAM J. SCOTT,

Attorney Generali of Illinois answers the respective paragraphs

of the Plaintiffs' Complaint as follows:

A response is not required.

Admitted.

Admitted.

Admitted.

Admitted.

Deny that this is a proper class section.

Admitted.

Admitted.

Admitted.

10. Admitted.

ll. Denied.

12. Denied. The answering Defendant further avers

that these Plaintiffs have received the relief they sought in

the commencement of this section and therefore the issues are

moot.

13. Denied.

14. This defendant has insufficient knowledge to

eamit or deny ssid allegation.

15. This Defendant has insufficient knowledge to

admit or deny said allegation.

16. Denied.

17. Denied.

18. Admitted.

19. Admitted.

20. Denied.

21. Admitted.

22. Admitted.

23. Denied.

24. Admitted.

25. Deny that the treatment accorded Plaintiff is

violative of the Social Security Act and regulations.

26. Denied.

27. Denied.

28. Denied.

29. Denied.

30. Admit that some applications in areas of the state

are processed faster than others.

31. Admit that some areas of the state have processed

~

applications swifter than others.

32. Denied.

33. Denied.

Denied.

Denied.

Denied. .

37. Admit the existence of said statute but deny the

remainder of this allegation, and further deny that said statute

has been violated as to these plaintiffs.

38. Denied.

3%. Denied.

Affirmative Defense

The part of Count II seeking punitive damages from

Harold 0. Swank, Director of the Department of Public Aid, fails

to state a claim upon which relief can be granted.

Wherefore, this Defendant requests the entry of an

Order dismissing the complaint and such other relief as is

proper.

L)t,,. OL

¢ “ me] hs a8

WILLIAM J. SCOTT

Attorney Genera gf 111inois

Attorney for Defendant,

Harold 0. Swank, Director,

Department of Public Aid

160 North LaSalle Street

Chicago, Illinois 60601

793-2590

Robert A. Maloney

Assistant Attorney General

of Counsel

STATE OF ILLINOIS )

) ss

COUNTY OF COO K )

. CERTIFICATE OF SERVICE

Sheldon Roodman James A. Rooney

Community Legal Counsel Assistant State's Attorney

116 South Michigan Avenue 500 Chicago Civic Center

Chicago, Illinois 60603 Chicago, Illinois 60602

PLEASE TAKE NOTICE that on March 22, 1971 the

attached Answer of Defendant Harold 0. Swank was filed with

the Clerk of the United States District Court for the Northern

District of Illinois, Eastern Division.

Attorney Genéfal of Illinois

Attorney for the Defendant,

Harold 0. Swank, Director,

Department of Public Aid

160 North LaSalle Street

Chicago, Illinois 60601

793-25S0

Robert A. Maloney

Assistant Attorney General

of Counsel

IN THE UNITED STATES DISTRICT COU

FOR THE NORTHERN DISTRICT OF TLLTNoTet # 197}

_-BASTERN diate : meanest 1. NAPOU a ee

JOHN JORDAN, et al., ; IND stares DISTRICT Coup,

pie Plaintiffs ie Pat Me

vs. No. 71 C 70

HAROLD O. SWANK, et al.,

ee ee ee ee ee ee ee

Defendants.

REQUEST FOR PRODUCTION

OF DOCUMENTS

Plaintiff, John Jordan, hereby requests, pursuant to

following documents:

1. The entire case record of the Cook County Department

f Public Aid pertaining to John Jordan, his application for AABD,

the disposition of said application.

> ¥e Any and all letters, memoranda, reports, and studies

. oo

ince February, 1968, with respect to the procedures for process-

ng Of AABD applications and the problems related thereto, the

procedures for making determinations of eligibility or ineligi-

bility for AABD applicants and the problems related thereto, the

ength of time between the date of application and the date of

uthorization and/or mailing of the first check for those AABD

__ 63

bad » —_* ass

- th sta addr aor ret.

ee eel

applicants determined eligible, and with respect to the time

from which initial “ae benefits are te be = to ee

4 - -~ Ct ES HOSS! He FS SSS 6 OeH Somes eee se ereeenn e+ Se ae

AABD applicants. ;

| 3. Any and all correspondance, memoranda, or other writ-

ten exchanges of information between the Cook County Department .

of Public Aid, and the Illinois Department of Public Aid with

respect to any of the matters described in paragraph 2, supra,

ang with respect to the problem of meeting the maximum time

limits established by the Department of Health, Education and

Welfare for the processing of AABD applications.

It is requested that the aforesaid production be made

on the 8th day of April, 1971, at 116 South Michigan, Room 700,

at 10:00 a.m.

hecho i ae

Sheldon H. Roodman

one of the

Attorneys for Plaintiffs

Community Legal Counsel

116 South Michigan Avenue

Chicago, Illinois 60603

726-0157

cK A ers ™

~

ene es ee ees

- IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

ee ee

i

ee ee ee ee es

'

_— «+ tee

"Somme JORDAN, et al.,

’

2

Plaintiffs

vs.

HAROLD 0. SWANK, et al.,

Defendants.

- NOTICE OF PILING

To: Attorney General State's Attorney. te

160 North LaSalle Street Civic Center, Room 500 -

Chicago, Illinois Chicago, T1linois 24, .

-%

PLEASE TAKE NOTICE, That on March >-3”, 1971; we filed with

the Clerk of this Court plaintiffs' Request for Production: ‘of

= ne

Documents, a copy of which request is attached hereto! ie ;

Sheldon H. Rooc a

one of the

Attorneys for Plaintiffs

Community Legal Counsel

116 South Michigan Avenue

Chicago, Illinois 60603

726-0157

eee eee eee

“~~ --+?% CERTIPICATE OF SERVICE

ae Sheldon H. Roodman hereby certifies that he is one” Sie

of the attorneys for plaintiffs in the foregoing matter; and

that copies of the attached Notice and Request referred to

therein were served on the defendants by placing copies of

same in postage prepaid envelopes addressed to the above

addressees, and depositing same in the United States mailbox

at 116 South Michigan, Chicago, Illinois, this 2€ day of March,

1971.

Sheldon H. Roodman/

Re ES ey

mi.

IN THE UNITED STATES District courT * * ** LG lv

FOR THE NORTHERN DISTRICT OF ILLINOIS ° og

EASTERN DIVISION ~ _ APRS - £71

1h, STUART CUdINGHAIA

| | MTT

JOHN JORDAN, et al.,

Plaintiffs,

vs. No. 71 C 70

HAROLD O. SWANK, et al.,

et ee ee eet eet ee eet ee ee

Defendants.

MOTION TO STRIKE CERTAIN PORTIONS OF.

DEFENDANTS ' ANSWERS

Plaintiffs, by their attorneys, respectfully move for

an order striking the defendants' answers to paragraphs 30 and

31 of plaintiffs' amended complaint or, in the alternative, deem-

ing admitted the plaintiffs' averments in paragraphs 30 and 31.

In support of their motion, plaintiffs submit the following memo-

randum.

Paragraphs 30 and 31 of the amended complaint read as

follows:

"30. Some eligible applicants for AABD similarly situ-

ated to John Jordan applied for AABD benefits in Sep-

tember, 1970, and were determined eligible in said

month.

"31. Some cligible applicants similarly situated to

John Jordan applied for AABD benefits in September,

1970, and were determined eligible in October, some

“ were determined eligible in November, and some were

determined eligible in December, and as a consequence,

said applicants began receiving assistance in and for

October, November, and December respectively, but not

for any period prior to the month in which they were

determined eligible." ‘

Defendant Harold 0. Swank, Director, Illinois Depart-

ment of Public Aid, answered these paragraphs as follows:

"30. Admit that some applications in areas of the

state are processed faster than others.

"31. Admit that some areas of the state have processed

applications swifter than others."

These answers are unresponsive to the averments in paragraphs 30

and 31, and either should be stricken, or the plaintiffs’ aver-

ments in paragraphs 30 and 31 should be deemed admitted. Federal

Rules of Civil Procedure, 8(d).

Defendant David Daniel, Director, Cook County Depart-

ment of Public Aid, answered the averments in paragraphs 30 and

31 as follows:

"30. In response to Paragraph Thirty, these defendants

have no knowledge sufficient to form a belief as to the

truth or falsity of the allegations; they therefore nei-

ther admit nor deny the same, but demand strict proof

thereof.

"31. In response to Paragraph Thirty-one, these de-

fendants have no knowledge sufficient to form a belief

as to the truth or falsity of the allegations; they

therefore neither admit nor deny the same, but demand

strict proof thereof.

Plaintiffs submit that the above quoted answer is not

made in good faith and that such assertion of ignorance is a sham.

It is peculiarly within the knowledge of the defendant David

Daniel, Director, Cook County Department of Public Aid, when

- applications for AABD made in September, 1970, were disposed of.

In Rodriguez v. Swank, defendant David Daniel produced detailed

information on the same issue with respect to "ADC" applications..

Exhibit A attached hereto, entitled, “Disposition of ADC - Regu-

lar Applications Received by the Cook County Department of Public

Aid During August, 1969."

Case law on this point clearly supports plaintiffs' mo-

tion. In American Photocopy Equipment Co. v. Rovico, Inc., 359

F.2d 745, 746-7 (7th Cir., 1966), a patent infringement case, the

court stated:

"We hold that, in view of the existing circumstances,

this failure of plaintiff to frankly reply on a mat-.

. ter, which it, as patent owner and-manufacturer must

have had within its knowledge, exhibits a lack of

‘fairness which completely discredits its statement

that it is without knowledge or information sufficient

to form a belief as to the truth of said‘averment of

defendant ... ‘an answer asserting want of knowledge

‘sufficient to form a belief as to the truth of facts

alleged ina complaint does not serve as a denial if

the assertion of ignorance is obviously sham. In such

circumstances, the facts alleged in the complaint stand

admitted.'”

A similar holding, often cited for the same proposi-

tion, is Ice Plant Equipment Co. v. Martocello, 43 F.Supp. 281,

282-83 (E.D. Pa., 1941):

"Rule 8(b) of the Rules of Civil Procedure ... spe-

cifically authorizes a response of this kind [lack of

knowledge or information sufficient to form a beliet]

and provides that it shall have the effect of-a denial.

-The rule provides no exceptions. This court, however,

has held in several cases that the rule does not apply

if the fact as to which want of knowledge is asserted

_ ds to the knowledge of the court so plainly and neces-~-

sarily within the defendant's knowledge that his aver-

ment of ignorance must be palpably untrue. In such

case, the resort to the formal denial is plainly in

bad faith and for the mere purpose of delay.“ :

Mes:row’

-To the same effect,Mecirnv. Duggan, 240 F.2d 751, ai (8th Cir.

1957).

=-3-

_. 69

fp don

_ 7 Sheldon H.

one of the

Attorneys for Plaintiffs

Community Legal Counsel

116 South Michigan Avenue

Chicago, Illinois 60603

726-0157 ~

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acme “ Wee 20 oo comet ere ee.

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aacen BaTeou of Resources end Lege) Services gaaass Stetistics ent Anclysis

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)- “ease “Rodriquet vs. Suatk, Federal District Court Case Mo. Ge 2615", ve suiait

‘the following infarction regarding — in Cook ouy for xe-R a the

sae of August, 1969: tees . oe ee

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>

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

APRS - 3371

H. STUART CUNNINSAM

At, eg ES

CiERK

JOHN JORDAN, et al.,

Plaintiffs,

vs. No. 71C 70

HAROLD O. SWANK, et al.,

ee ee ee ee ee ee eee

Defendants.

MOTION FOR PRELIMINARY

INJUNCTION

Plaintiffs, by their attorneys,-respectfully move for

the entry of a preliminary injunction enjoining the defendants

from failing to mail AABD checks or notifications of denial of

AABD assistance for aged or blind applicants for AABD any later

than thirty days after the date of application and for disabled

applicants for AABD any later than sixty days after the date of

application, as required by 45 C.F.R. § 206.10, published in

36 Fed. Reg. 3864-65 (Feb. 27, 1971), ‘until this case is finally

adjudicated, based ‘upon the affidavit and exhibits filed in support

of plaintiff's earlier motion for a temporary restraining order and

based upon the defendant David Daniel's submissions to the Court of

the December 1970, January and February 1971, reports entitled,

Analysis of Registered Applications Pending Investigation, Source :

Cook County Department of Public Aid - Form CCPA-264.

| Le oS ae

: on H. Roodman

as : one of the Attorneys for Plaintiffs

Community Legal Counsel Sap f,

116 S. Michigan Ave.

Chicago, Illinois 60603

726-0157

. §9

UNITE. D STATES PISTRIGT COURT..NORTHERN DISTRICT OF ILLINOIS °

. SF ye :

: ca EASTERN 2__ DIVISION

to ‘mee trend f A tee a ee

Name of Presiding Judge, Honorable £LEXA0—2 J. MAPO?1

“we IC10 pate APR 1519 a

of Cause sen heal 0, ewan,

{ Statement te a ee

am 2 weit Lid ital Z:

MAN! 2s ree Gr) spe EL: wad ez; ins

¢ ruled of this hae. O.ton require sro ‘to“furnish the names of all parties entitled to

“notice of the entry of an order and the names and addresses of their attorneys. Please

do this immediately below (separate lists may be appended).

Reserve space below for notations by minute clerk

‘J 2

‘

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHEPN DISTRICT OF ILLINOIS

EASTERN DIVISION

JOUN JORDAN, by his next friend,

JEANETTF BRYANT, individually,

and on behalf of all other

persons similarly situated,

Plaintiffs,

vs.

HAROLD O. SWANK, Director,

Illinois Department of Public

Aid; DAVID DANIEL, Director,

Cook County Department of

Public Aid; EDWARD J. BARRETT,

Comptroller of Cook County,

individually and in their

official capacities,

Defendants.

This matter coming on for hearing on plaintiffs‘ motion

for a preliminary injunction on Count I of the amended complaint,

and the defendants having received notice and being represented

by counsel, and the Court having considered the amended complaint,

affidavits, exhibits, and memoranda presented by plaintiffs,

answers and exhibits of the defendants, and also the representa-

tions and arguments of counsel for all parties in open court, and

being fully advised in the premises; it makes the following

findings of fact and conclusions of law:

FINDINGS OF FACT

1. Plaintiff John Jordan applied to the Cook County

Department of Public Aid on September 18, 1970, for Aid to the

ae 3 p ae = ai

SE a OY I LS ~

Disabled under the Aid to the Aged, Blind and Disabled (herein-

after a" Program; and

2. Plaintiff, John Jordan, age shits with the

assistance of his friends, cooperated in all respects with the

Cook County Department of Public Aid, furnished all information

requested by the Cook County Department of Public Aid, and has

ton and is eligible for AABD;

3. As of January 14, 1971, the application of John

Jordan for AABD had not yet been acted upon by the Cook County

Department of Public Aid, and John Jordan had received no assis-

tance whatsoever;

4. Pursuant to the temporary restraining order pre-

viously entered by this Court, John Jordan was determined eli-

gible for AABD(D) and was issued AABD assistance. John Jordan

was granted AABD assistance for the month of January, 1971 but

ho assistance for any period prior to January 1, 1971;

5. Numerous other persons have made -applications for

AABD to the Cook County Department of Public Aid ‘and many such

applications have been pending in excess of thirty days from the

date of application as to aged and blind ander AABD and in excess

of sixty days as to disabled under AABD, with a number having

been pending longer than six months;

6. Defendant Harold 0. Swank is the Director of the

Illinois Department of Public Aid wk is charged with. statewide

administration of the categorical aid programs, including Aid to

+ WS 62

-3<

the Aged, Blind and Disabled, and with establishing regulations

to carry out the statutory provisions of such programs. Defen-

dant David Daniel is the Director of the Cook County Department

of Public Aid, an agency of the Illinois Department of Public

Aid and is responsible for administering the categorical aid

programs, including AABD, in Cook County. Defendant Edward J.

Barrett is the Comptroller of Cook County, responsible for the

signing of emergency welfare checks in Cook County; and

7. The named plaintiff has brought this Count I as a

class action on his own behalf and on behalf of all other per-

sons in Illinois eligible for AABD who are required by defendants -

‘to wait longer than thirty days after application, .as to aged

and blind under AABD, and longer than sixty days after application

as-to disabled under AABD, for a determination of eligibility

and receipt of their first assistance check.

8. This class is so numerous that joinder of all mem-

bers is impracticable. There are questions of law and fact common

to the class. The claims of plaintiff are copdeal of the claims

of the class. Plaintiffs will fairly and adequately protect the

interests of the class. The defendants have acted or refused to

act on grounds generally applicable to the class, thereby making

appropriate injunctive relief with respect to the class as a

whole.

9. Those persons composing this class are, and will ‘

continue to be, irreparably injured by the failure of the defen-

nung OO

dants to process their applications and to provide AA3D essis-

tance within the maximum time periods permissible under federal

regulations in that they lack sufficient funds to obtain

necessary food, clothing, housing and medical care.

CONCLUSIONS OF LAW ;

1. The Court has jurisdiction over the partis to

this,,action and over the subject matter of the action.

2. The hereinabove findings of facts establish that the

Cook County Department of Public Aid and the Illinois Department

of Public Aid have not cotplied with the Handbook of Public

Assistance Administration, Part IV, Sections 2200(b) (3) (4), 2300

(b) (3) (5) and 45 C.F.R. §206.10(a) (3), 36 Fed. Reg. 3864 (Feb-

ruary 27, 1971) and the Court is at this time satisfied that

plaintiffs are likely to prevail on the mandatory and binding

nature of these regulations. Rodriquez v. Swank, 318 F.Supp.

289 (N.D. Ill., 1970) (three judge court).

3. Count I of this action is properly maintainable as

a class action as defined in paragraph 7 supra. Federal Rules

of Civil Procedure, 23(a) and (b). |

4. Plaintiff and the members of the class will suffer

immediate and irreparable injury if preliminary injunctive

relief is denied. |

5. Plaintiff and the class he represents are entitled

to a preliminary injunction as hereinafter set forth.

S56 aia of &

64

PRELIMINARY INJUNCTION

IT IS ORDERED, ADJUDGED, and DECREED that the defen-

dants, their agents and employees, and all persons in active

concert and participation with them, are hereby enjoined from

failing to make determinations of eligibility and mailing either

AABD assistance or notifications of ‘denial of assistance,

within thirty days from the date of application as to aged and

blind applicants for AABD, and within sixty days: from the date of

application as to disabled spp icwnts for AABD in the State of

Illinois except in those cases where ‘it is impossible to Inake

a determination of eligibility because of failure or delay on

the part of the applicant to provide essential information

within the applicant's control and understanding. x

IT IS FURTHER ORDERED, that the entitlement of all

eligible AABD applicants in the State of Tllinois shall attach no

later than the thirtieth (30th) day after application as to aged

and blind applicants, and no later than the sixtieth (60th) day

after application as to disabled applicants. In =a case in which

eligibility is determined subsequent to the thirtieth (30th) day

or sixtieth (60th) day, respectively, the applicant shall be enti-

tled to AABD assistance retroactive at the very least to the thir-

tieth (30th) day or sixtieth. (60th) day respectively, except in

those cases where it was impossible to make a determination of

eligibility because of failure or delay on the part of the eoeliaen

to provide essential information. In such latter cases, said

applicants must receive a written statement explaining (a) that

TE EER A SR

the denial was based on the failure or delay on the part of

the applicant to provide specified essential information, and

(b) that the applicant has the right to appeal within sixty

(60) days this decision of the County Department of Public Aid.

IT IS FURTHER ORDERED, to the extent that the Illinois

Department of Public Aid, Categorical Assistance ieannel;, Sec-

tions 4004, 8255, and 8256, and subsections thereunder, are con-

trary to this preliminary injunction, these sections are contra

to federal law, and are hereby declared null and void.

IT IS FURTHER ORDERED that defendants award John

Jordan his entitlement to AABD assistance as hereinabove defined.

- IT IS FURTHER ORDERED that this preliminary injunction

be and remain in full force and effect until final hearing of

this cause and until further order of this Court.

ENTER: : Nak a.

; Unit States Diptr ct Fudge

DATED: bil /6,/97L

IN THE UNITED STATES DISTRICT COUPT

‘POR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

memset

JOHN JORDAN, et al.,

Plaintiffs,

vs.

| BAROLD O. SWANK, et al.,

ee ee ee et ee ee ee ee

Defendants.

MOTION FOR ORDER FOR PPODUCTION OF

DOCUMENTS FOR INSPECTION AND COPYING

Plaintiff, by his attorney, moves the Court, pursuant

to Rule 37(a) of the Federal Rules of Civil Procedure, for an

order requiring defendants Harold 0. Swank and David Daniel to

produce and rermit plaintiff to inspect and copy each of the.

following documents:

With respect to Harold 0. Swank

1. Any and all letters, cecords, or other data per-

taining to John Joréan, his application for AABD, and the dis-

position of said application;

2. Any and all letters, memoranca, reports, studies,

manual releases, official bulletins, or other transmittals since

February, 1968, with respect to the procedures for processing

of AAZD aoplications and the problems related thereto, the pro-

cedures for making determinations of eligibility or ineligibility

for ARD applicants ané the problems related thereto, the length.

of tire between the date of application and@ the date of eispo-

~_ 80

sition of AABD applicants in all counties of

the State of Illi-

be Ctween :

nois, and with respect to the tire from which initial “3S ch bine-

fits are to be payable to eligible AAD applicants;

3. Any and all correspondence, memoranda, or ‘other

written exchanges of information between any of the county de~ . wae

partments of public aid in the State of Illinois and the Illinois

Department of Public Aid with respect to any of the matters

éescribed in paragraph 2, supra, and with respect to the pect

lem of meeting the maximum time lirits established ky the. De-

partment of Health, Education and Welfare for the processing of

AABD applications; : :

4. Any and all corresponcence, rerorts, or other ex-

changes of information between the Illinois Department of Public

Aid and the Department of Health, Education and Welfare with res-

pect to the state requirements: for promptness in processing AA2D

applications, the actual perforrance of the county departrents

of public aid in the State of Illinois in processing AABD applica-

tions, and the tire from which initial AABD benefits are to be

payable to eligible AABD applicants. This request includes all

exchanges of letters and written information between the ILli-

nois Department of Public Aid and the Department of Health,

Téucation ana “elfare in connection with the petition of the Chi-

cago Welfare Richts Organization calling for a HEW conformity

hearing dealing with the matters described in the foregoing

sentence.

With respect to David Daniel

1. The entire case record of the Cook County Depart-

rent of Public Aid pertaining to John Jordan, his application

for AABD, and the disposition of said application.

2. Any and all letters, memoranda, reports, and stu-

dies since February, 1968, with respect to the procedures for

processing of AABD applications and the problems related thereto,

the procedures for making Geterminations of eligibility or in-

eligibility for AABD applicants and the problers related thereto,

the lencth of tire between the date of application and the Gate

of authorization and/or mailing of the first check for those

AABD applicants determined eligible, and with respect to the time

from which initial AABD benefits are to be payable to elicible

AABD applicants.

3. Any and all correspondence, memoranda, or other

written exchanges of information between the Cook County Depart-

ment of Public Aid, and the Illinois Department of Public Aid with

respect to any of the matters described in Paragraph 2, supra,

and with respect to the problem of meeting the maximum tire li-

mits established by the Department of Health, Education and Wel-

fare for the processing of AASD applications.

Plaintiff did previously, on the 26th Gay of Farch,

1971, pursuant to Rule 34, Federal rules of Civil Procedure,

Serve requests upon Cefendants Swank and Daniel for the above °

discovery and inspection. Defendants Swank and Paniel have

-3-

failed to serve any written response whatsoever upon the plain-

tiff to this time. Defendants paniel and Swank have the possession,

custody, or control of each of the foregoing documents. Each of

them constitutes or contains evidence relevant and material to

a matter involved in this action,

WEEREFORE, pursuant to Rules 34 and 37, Paderal Rules

of Civil Procedure, plaintiff respectfully moves for an order

compelling the defendants Swank and Daniel to proeuce the above

described documents.

Sheldon Roodrman

Community Legal Counsel

116 South Michigan Avenue

Chicaso, Illinois 69603

726-0157

Attorney for Plaintiff

‘- ,

UNITED STATES DISTRICT COURT, NORTHERN DISTRIC, OF ILLIXOIS SS

——EASTERN __DIVISION

Name of Presiding Judge, Honorable Judge Alexander Napoli

No__71 ¢ 70

1) of Cause J a

4 Statement Motion for Order for Production of Documents for

~Inspection and Copying

«

The rules of this court require counsel to furnish the names of all parties entitled to

notice of the entry of an order and the names and addresses of their attorneys. Please

@o this Immediately below (separate lists mey be appended). - :

nes and Sheldon H. Roodman, Community Legal Counsel,

dresses of ‘

counsel , 116 South Michigan Avenue, Chicago, Illinois 60603 _

Plaintiffs .

mes and Attorney General, 160 N. LaSalle treet, Chicago, I}linois

ressesof 0” C,

er counsel «6. _ State's Attorney, Civic Center, Poom 500, Chicago, Illinois

fitled to

te and names Representing defendants

parties they .

space below - notations by minute cere

f i.

2 Z

tas te tO ead) te 2. - 40

Nite g ert

AVA ot /?: 20272.29. . b> Lean Sinn >» Pix on Se ;

r vv i’ re nay

oy

| Aap 2nd a

this memorandum to the Clerk.

tl will not rise to address the Court until motion has been called. °

j ons

-__ 84

Oe ee

ps : } Ri

ood

Pat ee 5 Seat 4 ane

*

Vm hors +e eee

. ae oR Mey

er THE UNITED STATES DISTRICT COURT ‘2 tne : Ee

FOR THE NORTHERN DISTRICT OF ILLINOIS .

EASTERN DIVISION JUL 27 B7i

: H. STUART CUNNINGHAM

JOHN JORDAN, et al., es ENE

Plaintiffs,

vs. No. 71C 70

HAROLD O. SWANK, et al.,

Defendants.

er et ee ee et ee ee ee ee

MOTION FOR ORDER THAT FACTS

. _ °° BE TAKEN AS ESTABLISHED

The defendant Harold 0. Swank, Director, Illinédis Department

of Public Aid, having failed to comply with this Court's order

of June 23, 1971, that said defendant produce certain records

and documents for plaintiffs' inspection and copying, plaintiffs

now move, pursuant to Rule 37(b)(2) and (d), Federal Rules of

Civil Procedure, for an order establishing as proven the follow-

ing facts:

1. In February, 1968, Harold 0. Swank, Director, Illinois

Department of Public Aid received from the Department of Health,

Education and Welfare, Handbook Transmittal No. 139, attached here-

to as Exhibit A, and knew and understood that the new federal

requirement (Handbook of Public Assistance Administration, Part

IV, Sections 2200(b) (3) and 2300(b) (5)) for a uniform thirty day

maximum for action on AABD applications was mandatory and ay,

on the Illinois Department of Public Aid and, that it would be -

nchagsel “al

effective July 1, 1968.

2. In response to the new federal promptness requirement

to be effective July 1, 1968, Harold 0. Swank issued Manual

Release No. 68.8, effective July 1, 1968, revising Section 4004.1

of the Illinois Categorical Assistance Manual to provide:

"4004.1 Time Standard

Except for DA and MA-NG(D) cases which have a

time standard of 45 days, the time standard for

disposition of applications is 30 days from the

date of application to the date the applicants

are determined eligible and the effective date

of their first assistance or are determined

ineligible and receive a notice of denial of

assistance...."

3. From July 1, 1968 to the present, Harold 0. Swank has

been fully advised and known that substantial numbers of. appli-

eants for AABD in the numerous counties of the State of Illinois

have not had their applications acted upon and disposed of within

the federally prescribed time maximums, and that these delays were

not based on failure or delay on the part of the applicants; and

for substantial numbers of these AABD applicants determined eligible

the effective date of their first assistance was not on or before

30 days from the date of their application, or, for disability

applicants, on or before 45 days from the date of their application.

4. From July 1, 1968 to the present, Harold 0. Swank, Director,

Illinois Department of Public Aid, was fully advised and knew -and

understood that substantial numbers of eligible AABD applicants in.

the numerous counties of the State of Illinois were being denicd

their entitlement to AABD assistance effective 30 days from the date

of their application, or, with respect to disability applicants,

. > :

effective 45 days from the date of their application, by the

operation, implementation, and enforcement of “Sections 8255 and

8255.1-of the Illinois Categorical Assistance Manual which’ pro-

hibited the authorization of AABD assistance for any months prior

to the month in which the application was approved.

5. From July 1, 1968 to the present, Harold 0. Swank, will-

fully and in gross disregard of the rights of eligible AABD appli-

cants, knew that substantial numbers of eligible AABD applicants

were being deprived, contrary to the requirements of federal law,

of their full AABD entitlements effective 30 days from the date

of their application, or, with respect to disability applicants,

45 days from the date of their application, by reason of the opera-

tion, implementation and enforcement of Sections 8255 and 8255.1

of the Illinois Categorical Assistance Manual.

6. From July 1, 1968 to the present, Harold ©. Swank, Director

Tilinois Department of Public “Aid, knew that as result of the

Operation, implementation, and enforcement of Sections 8255 and

8255.1 of the Illinois Categorical Assistance Manual that the amount

of assistance in initial grants and the eligibility conditions for

initial grants for AABD applicants were not made On an equitable and

consistent basis and resulted in inequitable and ‘arbitrary treatment

of eligible AABD applicants in similar circumstances contrary to

the purposes of the Social Security Act.

In addition to the foregoing, the plaintiff herein, pursuant to

Rule 37 of the Federal Rules of Civil Procedure, moves the court

8'7

for such other and further orders as seem just under the circum-

stances, including plaintiffs‘ reasonable expenses, including

' attorneys’ fees, incurred in connection with this motion and the

earlier motion of June 23, 1971. :

This motion is based on the record herein and upon the

affidavit, attached hereto as Exhibit B, of Sheldon Roodman, one

of the attorneys for the plaintiffs.

Respectfully submitted,

G wi Cee

Sheldon Roodman sal tae

One of the attorne

. plaintiffs.

COMMUNITY LEGAL COUNSEL

116 South Michigan Avenue

Chicago, Illinois 60603

726-0157

eres er -aC TTT

Ya

tn EDS ris: pis Srey. COURT, NORTHERN DISTRICT OF ILLINOIS

8S tet & ___ FASTEN __DIVISION

udae Alexendcr Napoli

July 27, 1971

Name of Presiding Judge, Nonorable_2

ase No.-—22-C_70 Date

sile of Cause John Jordan, ct al., vs. Harold 0. Swank, et al. _

Motion For Order That Facts Be Taken As Established

Bri Stateracnt

Motion

The rules of this court require couz:scl to furnish the names ef all parties entiticé to

notice of the entry of an order and the names and addresses of their ettorneys. Pl2zs2

do this immediately below (separate lists may be appended).

Sheldon H. Roodman, Community Legal Counsel, 116 South

Names and

f

arcade Michigan Avenue, Chicago, Illinois 60603

Representing Plaintiffs

Names and Attorney General of Illinois. 160 N. LaSalle St.. Chicago

Addresses of é

other counsel ‘Att'n: Robert. Maloney

entitled to -

potice and names State's Attorney. Room 500 Civic Center, chicaco, Att*n:

of parties they

James Rooney

represent,

Representing Defendants

)

: “

: Reserve space below for notations by minute clerk

— Phas Yaron tines Lancet rnc ts that

Nand this memorandum to the Clerk. . as

will not rise to address the Court until motion has been called.

—: Li c

ooh

MAY 1971

AAWD AGED MAG

COu.TY OR

UISTKICT CFFICE

NUE OF

APPLICATICNS

DISPLSEI CF

OUKIKS MONTH

LE: ME N

WITHIN

2 DAYS

3-10

OAYS

11-30

OaYS

31-60

OAYS

151-160

OaYS

61-90 91-12 121-150

Oays: OaYs DAYS

6-9

MNTHS

QeRNTHS

OA CVEA

6 200

© 201

© 202

© 203

© 204

*0 205

© 206

© 207

© 208

© 209

@ 212

0 213

@ 24

2 218

0 216

0 217

© 213

© 220

“9 222

a ass

NURS. PUME

WESTERN

MICHIGAN

CAKL AND

NCP TECAN

PARK MANOR

KEN2O000

MAD I SGN

ENGLEWO0

Ga OFFICE

WONCLAMN

R TAYLOR H

(OAK FOREST

GARFIELO

CABRINI HN

WICKER PRK

SOUTHERN

10a 6 WELL

ac weLt, 6

5

7

le

7

2s

13

8

6

36

5

1.

Ot tee

.

—— ee = amt WE

MAY 1971

: AABO ACEO MAG ae

apevicaltens Le WATELIC

OIStaicT OFFICE Qunine mon S'onte Bato bbe3® Biko cave cave’ “daea’*. “payee Lares Sanamns

© 225 STATEKAY C i i ce

© 226 $ SusRuAN ee 2 2 a1 Soy ae : ee

-@ 227 HOSP AP sv : 5 1 2: ; 1 a

© 22@ LOW. KORTH 2 Br. BN OR ea ea Riss .2

© 229m susie oa Ono Bh TE 6 ee eae 1 onsees

“REGION TOTALS... . 635 206 6 229 1 203. 126 oo 6nd ‘ee Ae 1 Yaa) BRO cca ee

COOk Totals ~ 635 een tee ee ms Ae 2 cee 8: . eee Ske

2 015 BUREAU £5 eR iio Fae Ait bigde ih ‘ bcbg ee :

1 037 FULTON i Eee ft “eS wr De MAP ae fe ee Bees

“2 045 benny ee Mm regs ge oe pO Be aa *

1 056 KNOX : 1 oom is eee es BAD Og os seh eae .

1 067 PARSPaLL 1 a eS ee aga ;

1 080 PEcRtA a gw Oa ee “ee oct ;

1089 ROCK tstan Stowe ee sat 8 prelate geen gael ve : i /. Ay

1 095 Stark a ie eee Oa ee a Ue ie ae

3 C98 WAZEreir 2 re oe re ee a at Bs .

, REGION TOTALS -340 7 6 re 4 mst ea :

2 019 CHAMPAIGN | “9 ‘4 4. ;

2 022 CLarx feiss fore 1 Mee, Poe as

tint ct * :° . ; © > e 6

“ coal

MAY 1971

BAUD AGED MAG ~

MUMnEHe OF

APPLICATICNS LENGTH TIT APPLICATION wAS PESDIN¢

crusty oR DUT ha cet ITHIN = B30 1-90-60 Stew «40120 3830180 151-180 6-9 9-KHT HS

UISTAICT OFFICE OUKIAG mull 2 0AYS DAYS DAYS, dave Days DAYS DAY'S DAYS MNTHS —s GR CVE

2 031 €0cAK + 8 - 2 -_

2 033 EFFINGHAM - a % 4 1 i i ;

2 046 IPccLOIS 2 > 1 ° 1 5 Pe ; : :

| 2 054 Kanxanee 26 2. 2 a3. 64 3 2 5. $

, 2 63 Macon oo 6 . 2 3 ‘ . ;

2 072 *CLEAN ae i. « . ;

B- 2 096 srerey 2 . .. le 3 Do ; we ietes

REGICN TOTALS 509 wo. 8 eee See 4 ‘s. s

- 3010 scans. a, MO 8k we’ 8g 3 . hoe esha , [=

3 014 eROnx 3 om : «YL ten apade a ea % .

-DOlE CASS * 3 re Sa ‘ a ew eo i oe Sek ae

3020 CrRISTIANS ‘4 : 4 eas ‘ea i tae | = @

3035 cheEne 3 s ° .8 . Ce , te

3 042 FAtiCocK , 2 ., ° 2 e acd ‘ ; 4 : , ; . £&£

3050 yiasey == «sg 1. 1 s. ee ; yg

3 062 Locan — 1 v's. ;

3 C64 mMaCCUPIN , 1

3 076 MONTCOMERY 1

3 077 KCRGAN 4

3ceseke > . 2

wee it gee

AALD ACEO MAG

NU43E? CF

-

LENGTH OF TIMZ APPLICATION WAS PENDING

APPLICATIONS

wl THIt

2 OAYS

O1sP9sCo CF

DUAING VONTH

CcuNTY Of

OISTRICT OFFICE

4

3 CSL SANCAMUN iT) 2

REGICN TOTALS ty

4 O12 CUNO .

025 CRAWFORO

045

05$

4 065

4 066

4 068

096

FAYETTE

JEFFERSON

LAKRENCE

MAOISCN

KAR IGN

RICFKLANO

ST CLAIR

4 104 WAYKE 7 4

REGICN TOTALS’

, )

S O11 AL FXANOER

S$ 036 FAANKLIN ; ;

5S 041 FAMILTON

$ 947 JACKSCN °

$069 MASSAC OC, - «

Me BORE bee

s‘oos NIT

3-10 11-30 31-60» 61-90 = G1H120--AZl-150 =: 152-180 6-9" | 9=¥NTKS

DAYS DAYS DAYS DAYS DAYS DAYS OAYS MTHS . ~ OA CVER

3 11 2

29 7

. 1 . : ‘ . .

an 3 , ; ° °

1 . -_

. 2 3 ‘kt

1 a oa , <a ‘

7 : 1 . .

‘2 2. ow . Gieeune «9 ~ :

, 4 Baw ve pas teres a4 ‘ : .

tO de xe ds abe ue woe 7 . ;

1 5 ,

6... 2 5S oo, ; ;

;* i ,

2 20 . 4 .

vo i: tae ue '

1 re ' .

a ees ae tae ae, ‘ *’

+ of 8 . a

a) ? *s es O ot .e .

7S

AAUO sGEO MAG

NUMSER CF

LENGTH OF TIMZ APPLICATION WAS PENDING

APPLICATICNS

CcunTY OR OLsPosed CF

OISTRICT CFFICE

WITHIN

OURIANG MONTH 2 OAYS

31-60

O4YS

3-10

OAYS

11-30

DAYS

61-90

OaYs

121-150

OAYS

91-120

DAYS OAYS

151-130

GoM).

Oa ove

. S$ 108 KILLTAMSON 2 re | .

° REGION TOTALS =. 28 ee ee cre rc ie easy

* © O13 e00NE : % s er ree? Sere 8 “as wee xe .

* @ O17 CARROLL ey * & Bo Be ra es

OORT ONG ee EE Tt eee

", © 030 CUPACE 1 nes BR. RIT LE tre ete he Acacias hs © 0A Veen

c. 6 088 50 OAVEESS cB TSR STL Te ee co os fee eo

"6 053 KANE | ee 1s ae sea cbee « oOo wee Benes Bey 1, Bl ee

2) 6 OSS KENOAL eR cas Bis meas 1 Meee qaacn, dm of ‘ba a3

cs 6 OST LAKE On as boo $c. eek + tke eee 6 , .

". @05eta SLE DS US ee Soe eee ee awe .

=. 6 060 LEE ngs . tM oe ems a © ho ose he ore _

6 O71 MCHENRY : 1 *, er oes a .

:". 6 079 OCLE ris a5 ' a ee is Oo tae oe Oe ; : ;

iL 6 097 STEPHENSON =... + ee ok a Coane

" @ 106 WHITESIOE “ 1 a | TS ,

- @ 107 WILL ; rr 3 2) a :

» ” 6 109 WINNEBAGO , 18 ar er 10 1 a

Camere REGIE TATALS.: 2... 93 we , =. 16 r rr O = oO

105 WHITE

a a

JOB 61 6C6C-C41 ILLINOIS OLPARTMENT OF PUBLIC AIO

FORMAT 2. MONTHLY REPURT GF OLSPOSEO APPLICATIONS

AT &NO OF MONTH OY CATE OF APPLICATION

.

, MAY 1971

AABO AGED MAG

NUMER CF

APPLICATIONS : LENGTH OF TIME APPLICATION WAS PENDING

CGUATY OR OLSPCSED CF WITHIN 11-30 31-60 61-S0 91-120 121-150 151-1580 6-9 QaKANTHS

DISTRICT GFFICE OURING HONTH 2 DAYS DAYS OAYS OAYS OAYS DAYS OAYS ANTHS OR CVER

COWNSTATE TOTALS 323,—Ci 57 8 4 10 6

" $TATE TOTALS 958 be a to 29

MAY 1971

AALO BLIND MAG

NUMCER WF

APPLICATICNS

} CCUNTY O28 OISPCSEU fF WITHIN 3-10 11-30

CISTRICT OFFICE OURING AUNTH 2 OAYS OAYS DAYS

} ~

201 RESTERN a . 1

roy

203 OAKLAND) -—-.

204 NORTHERN =

206 KENWOOD a

207 MADISCN

203 ENGLERDOD

215 GARFIELO

217 WICKER PRK

.

218 SOUTFERN

So oe oe

w

rs

.

221 KEN RCRNER ee | 7 * © py oe oe a ectaude @ ws a

222. ROCKHELL G a | . a ar ee ee ee a

226 LOW. NORTH “ 1 feu @ ae om = ;

REGION TOTALS 18 $

~-

o. CUOK TOTALS 8

1 080 PEORIA . §

- ~- 4

. RECION TOTALS

2 054 KANKAKEE

2 100 VCAMILION ;

Smeg Sep RECI.. TOTALS,

"Tem. oe e.

5

i

2072 HCLEAN 1 oo. «

: .

4

MAY 1971

AAGO OISALLEO MAG a

. , Pg ee LENGTH OF TIME APPLICATION WAS PRIMING

, COUNTY OR OISPUsed CF WITHIN 3-10 11-30 31-60 61-90 S1-120.—«A2I-150 1510180 6-9 9-PATHS

PF __tstaicr cFFice DURING MONTH 2 DAYS DAYS OAS” paver Oe? CAYS ba DAYS KUTHS «GR OVER

‘f ¢ 200 KLas. MoME 175 9 6 35 73 41 4 4 Sn eee

‘I 201 western ~~ 4372 e.g _ 87 19 a S . 4. 4 rBevwtes Gan ee

» © 202 MICKIGAN aq. 64 7° 35 i" . a 7h © vesercs Leevassinver De,

© 203 CaKLano ae 5. 4h 38 18 6 :? re metas ABs

Y- & 206 NOPTHERN g12 180127. 61 ns a | = 3 sees Gyan tants “

0 205 PARK HANOR . 19 Me 8". 29 ak 3 : aw Bn EF Renae hare

T. © 206 xenxcco tr "16 Sk. gs 2006 MBS DW sides Weersemnss hme

}. 0 207 mactson | aaa 134.7 | 35 | 22° sas 9° Qe a a se ce ceccememedier

Jo 0208 exctewcon ott 4 47 8 28 Sr mesos Bea vetmened

# - © 205 Ga crFice - $8 » 7 8 Ma i re oe Ses deals yea

B. 0 212 sovctann 26 a 8 2. 4, 6. * \¢ “ee oes ase 22°

O 213 R TAYLOR” 6 » “3 er a 7. | ° “1a &§

© 214 Cax FOREST & 2 :2 1 , , 2 _".* 4 .,

“oscars * on 0 1s 17 7. 6 » | a

© 216 CABRINE KM 7 ' 1 z2 .3 RB 7 : ,

© 217 WICKER PRK. 215 $2085 Sg Toa a ee ee

© 21 soutrean | 448 ato “gg $3 7 Bo a, nen sa, aos of

0 220 JCA 8 WELL a - 4 3: + ey we yg

-@ 221 HEN HORNER 5 2 l 2 ‘ 7% Fs et :

. ‘e . os P

° on“ . e ef . . ste j . ’ * . e

9,242 Koc, tte, 4. WwW 1. a 2. CC . .

ILLINOIS DEPARTMENT OF PUBLIC AID

FORMAT 2. HONTHLY REPORT GF DISPOSED APPLICATIONS

AT ENO OF MONTH OY CATE OF APPLICATION

.

MAY 1971.

AAUD BLIND MAG

NUMBER OF

APPLICATIONS LENGTH OF TIM APPLICATION WAS PEIDINC

* COUNTY OR OISPOSEO CF WA THIN 3-10 11-30 31-60 61-90 91-120 121-150 151-160

DISTRICT OFFICE DUAIKG MONTH 2 DAYS DAYS OaYs DAYS . OAYS DAYS OaYS DAYS

3 O91 SAtGAMON 1 a .

REGION TOTALS

4” @ 066 Manton

» REGION TOTALS

t+ $ 052 JOHNSON

REGION TOTALS.

6 030_cUPACcE

+ © O53 KANE

+ © 106 WKITESIOE

I. & 109 WINNEBAGO

”

a ee |

L. REGION TOTALS

GOWN STATE TOTALS

STATE TOTALS

p oe 4 LJ & ® oe Po | aoe me & t.3 €. é.

A400 OISABLEO MAG

- omen one ™

phen onattens LENGTH OF TIM APPLICATION WAS PoxDINC

' County ca O1sPeaséen cr WITHIN 3-10 11-30 31-69 61-90 9i-120 121-150 151-160 6-9 Gerisin

CISTAICT CFFICE OURIAS MUNTH .2 DAYS OaYs OAYS OAYS Oars DAYS Oays OAYS MANTHS . OR CVEA

0 22) gave ADDAM 10 ry : 5 2 1: 1

C224 nicKesS HH 0g 1 3 a 1:

J © 225 statenay c 7 1 2° 3 1. a 7 °

fo 226 5 sucinaan reo © 7 : 31 32° 2 | 3 ‘. S wt be ebtcowe

Pozzrwse we sv 5s oF 18 Ww 6 3. « Baum o @t

9 © 228 Low. noatn 153 a er re ae at tf owe, Os aed

Bo 225 & suewoan Or | 8 24 Pn oe ee” “4 _ ose ana

REGION TOTALS | ates 617 617 690 443 146 50 38 a7 47... ..58

COOK TOTALS : 7 2700 NTA 80 ti(asi Raa CQ YT rt 2 ; ee | |

1 OLS pUaCaY “s+ ay 3 ge ; ;

1 037 FULTON 5 3 1 ; $f... : .

1 044 FENDEASON 2 2. ‘ . : °

1 045 Fenny 3 : 2 1

1 056 Knox ‘3 . one ‘ re Pe 4% ° ° 1. ‘

+1 067 MER SFALL 2 1 . 1 oe

"3 070 mcconouUcH | = s 2 a re Pa , - “>

1074 MERCER aa Ss aa a

3030 PEORIA Cy a ? t Y 6 1 b jase ee

1089 ROCK IsLaN 2G ‘2 1 5 12 i.% 8

4 ope tac au ify i ‘ 7 a | ’ C3 we dl ‘ . te a €) ‘90 ye ; . .

f

‘ ; '

eke * & - bal ares ot mr, ,

a AABO DISABLED MAG ;

APPLICATIONS poet

CCUMTY O% DISPOSED CF WITHIN §«=©=693"10 = 11=30 31-60 1-90 91-120 121-150 151-160 6-9 9m HS

OISTAICT CFFICE OURSAG MONTH 2 DAYS DAYS DAYS Days Days DAYS DAYS DAYS KNTHS OR GVEA

- 2 162 WARREN . i . a ! _

1110 KCaCcrCRD N ‘ * § — °

REGION TOTALS 93 15 as 11 31.0.0 “9. 2 ° 2 2

. 2 019 CHAMPATON 30 5. S. 48 — <=+8.;, -4 1 . .

t. 2 O24 CLARK ‘ . - es ; i, . “$: ;

. .2 024 COLES . 4 by 2 ese SG 2s 7 ert

+ 2 026 CE Witt 2 : ees woe .

2 031 EcGeR . S$ 2. sere 3 ' , . i. +

+ 2033 EFFINGHAM |... 6 Ae te deen He som Eee i a

‘1s 2 03S FOKO' tg * tg " «@ * cwaee «a » wnstaw on : 22K

“2046 1a0cuors © © 62 6s Bee a . 2 fo. eed eee, —

t+ 2 O54 KANKAKEE 67 ee By ae Wee Es Meee Mik. Oc es Owe. «OS resend

“2 O62 LIVINGSTON 7 ye +s My cee Seta =. es Sf hs yes aa 43

” 2 063 Macon 2 ‘20 Be Ba ns os By x ce s. Se mess, i. iy Ste one ves

+2072 MCLEAN a | ares on a bi a* a's = Loewe »

207enoutTaIe 80, fa oes : oe es. Beh aepee ones ee sane «

Vl gone suey, a Tg git tomy ; ve , - « %

I... 2 100 weRmmtON =——(iti‘ «si aa & : : Sen .t 2. Fs |

Pe REGION TOTALS — 173 e186 36 29 rr wos. 63

aaa IG HOD cig Me OO te Oe aD et te

971

ALWD DISABLED MAG

CCUNTY OR

OLSTAICT OFFICE

NUDES OF

APPLICATICNS

OSPGSED CF

OUAING MORTH

: LENGTH OF TIME APPLICATION WAS PEIDING

WITHIN

2 DAYS

3-10

OAYS

11-30

DAYS

61-90

DAYS

31-60

DAYS

91-120

OAYS

121-150

OAYS

151-180

OAYS

9-KNTHS

OR CVER

3 cle Cass

3 020 CHRISTIAN _

3 63¢ GREENE

* 3 042"

-. 3 050

HANCGCK

JERSEY

3 062 LOGAN

* 3 064 MACOUPIN

3 Cee

3 073 MENARD

4AaSON

=

- 3 076 MONTGOMERY

... 3 077

wORGAN

3 083

3 091

= 092

PIKE

SANGAMON

SCHUYLER

* . 4 012 eONS

* " @ 022 cLay

4 023 CLINTON

+.” & 025 Caanroao

032. £Ow/ “75.

reg 2.2

RECION TOTALS’.

. 1

en oe ee

oN NN OYUN le

MAY OTL

AAUO DISAULED MAG

CCUMTY OR

CISTRICT GFFICE

NUMER CF

LENGTH OF TI!d: APPLICATIO! WAS PENNING

APPLICATICNS

OISsPusED CF WITHIN 3-10 11-30

OURING MONTH 2 OAYS DAYS OAYS

31-60 61-90 91-120 121-150 151-180

OAYS DAYS OAYS OAYS DAYS

6-9 9-HNTHS

KNTHS GR OVER

4

4

6

4

4

:

&

4

4

4

4

“ s

.

‘ .

.069 MAS**C

034 FAYETTE

O48 JASPER

C45 JEFFERSON

C5 LAWRENCE

06S RADISCN

066 MARION

075 KONROE

088 RICHLAND

096 ST CLAIR

101 WACASH

104 WAYNE

REGION TOTALS

G11 ALEXANOER

036 FRANKLIN:

O38 GALLATIN

041 PAMILION. :

043 FARO IN:

047 JACK SUN

Pd

oor anew

2

1

4

3.. a's? camwens 1.

Oe eh Ctr C8 Oe. me

.

MAY 1971

AABD DISABLED MAG

. CGuNTY OR

. CISTRICT CFF ICE

KNUMUER OF

APPLICATIONS

LENGTH

OF TINE APPLICATION WAS PENDIN

OISPOSED CF WITHIN

3-10

OURIAG MONTH 2 DAYS

DAYS

11-30

DAYS

31-60

OaYS

“61-90

OAaYsS -

91-120 121-130 151-1806

6-9

DAYS DAYS OaYs -

UNTHS

9-KNT

OR CVE

- $ 085 PULASKI

$5 067 RANCCLPH ~~~

5 C9C SALINE,

5 099 WIO0N .

3 105 WHITE

S 108 WILLIAMSON

REGION TOTALS...

+ € O13 B90NE

6 027 O&KkaLB

+ 6 030 CuPAcE 7

6 040 GauNoY

6 051 JO Caviess

- 6 053 KANE _—

6 OSS KENDALL

- © O57 Lake

@ 058 La sae

6 COC LEE so

* @ O72 MCKENRY

vx*, D719, Cove)

Os tee

6 O17 CARRCLE -

4 i

2 1

10

2° _ Maan . ae Ee waee wea a. | 4 os, eee bee

2 ” ° 7 -, $ - : : . : 2 voy e- . . : - 7 . | .

‘57 eT Ma gg iu en? oo 2 ‘y ; ewes

1. wo ; nee ne as ee a ar a ss

43 i re Se er OTTO. te. a Bc ac We cecum Be

. ain ai eee cee : bel.

ar _ ar ae ‘: 2 . <a

a3 . : ‘2 - "y cutee -" 2 . 2 Le, i 1 : . a

ar Sar ". #. © 3 a "O ine *

i ae

- .

° e

oa oa . ©, em cetes eg : .”

oor Bee we ee: e * *-

“ . eee y e-

. me ee ores ste e-* . .

se a 2 Sy .

foe 1 om Oe see ow . - oe . -

se oe + + te

oes Wiebe onel es.

ILLINOIS OEPARTMENT OF PUDLIC AIO

FORMAT 2. MONTHLY REPORT OF DISPOSED APPLICATIONS

AT ENO OF MONTH! GY DATE OF APPLICATION

MAY 1971

AAGO DISABLED MAG

COUNTY OR

OISTRICT OFFICE

KURBER CF .

APPLICATICNS : . LENGTH OF TIME APPLICATION W.

OIsPuscO CF WITHIN .3-10 11-39 31-69 61-90 91-120 421-150 151-180 Q-KNTHS

OURING MONTH 2 OAYS DAYS ; OaYS OAYS OAYS .° DAYS » DAYS OAYS OR OVER

. © C97 STEPRENSCN

a

6 106 WKKITESIOE

.. © 107 WILE

6 109 WINEDAGO

REGION TOTALS

DOWNSTATE TOTALS

STATE TOTALS

ws. 2

14 ,

3

3...

8

)

4

1

4

4

INDER-OUrypitae ausnuwyrw se.

». dune 23, 1971

COUNTY DEPARTMENT OF TUBUC AID

poBLIC ASSISTANCE DIVISION

Judson T. Murray, Assistart Chief

(harles McTowell, Supervisor

and District Office . _____ Bureau of Resources and legal Service

mx, John 03-203-125907 Civil Action File No. 71 C 70 U. S. District Court

will confirm our telephone conversetion of June 23, 1971, pertaining to

peective assistance for John Jordan, Disability Assistance vandgeont and

intiff. in the Federal Court case.

woing request of the Office of the State's Attorney of Cock County,

O'Malley telephoned Mr. Gershon Hurwitz, Assistant Director, IDPA, and

sined approval to issue retroactive assi stance to Mr. Jordan in nor to .

id possible conterpt citation on the Director, CCDPA.

rwere requested to issue retroactive assistance for the tio months i

tistely preceeding January 1, 1971, the effective date of assistance for

, dord2an. Besed on the regular February 1$71 crant the amount to be issved

é total $195.66. It was agreed that your office would a the recipient

this ection.

deers that by use of the Mercury ny Hr. Jordan ad receive the

active greek about ae June 30, — . :

AsV ' ‘ ~ * 2 a.

: Mrs. 0 ‘Malley .

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

/ EASTERN DIVISION

JOHN JORDAN, et al.,

Plaintiffs,

vs. No. 71 C 70

HAROLD O. SWANK, etc., et al.,

Defendants.

DEFENDANTS’ BRIEF IN OPPOSITION

TO MOTION OF PLAINTIFFS FOR SUMMARY

JUDGMENT, PERMANENT INJUNCTION,

AND OTHER RELIEF

I. PLAINTIFFS ARE NOT ENTITLED

TO SUMMARY JUDGMENT AS A- MATTER

< . OF LAW ON COUNT I.

A. Plaintiffs are Not Entitled to a Permanent Injunction

As is stated in Plaintiffs' brief, a preliminary injunction

has previously been issued in this cause and the Defendants are

making every effort to comply with said injunction. The entry of a

permanent injunction would merely make this preliminary order a

final order and the Defendants are not intentionally trying to

disregard this Court's orders.

B. Plaintiffs are Not Entitled to all AABD Assistance Retroactive

to July 1, 1968.

The principal case relied on by Plaintiffs here is

RODRIGUEZ V. SWANK, 403 U.S. 901 (1971), affirming 318 F. Supp. 289

(N.D. I1l1. 1970). In that case retroactive payments were ordered,

but only back to the date of the filing of that lawsuit rather than

back to July 1, 1968. The federal regulation which was found to be

violated in that case took effect on July 1, 1968 as did the federal

regulation involved in this cause. It should be noted that the

106

|

United State Supreme Court in Rodriguez felt that the granting of

retroactive benefits to the date of the filing of the lawsuit was

asufficient deterent to the Defendants and that compelling such

retroactive payments back to July l, 1968 was unnecessary.

Likewise in the case at hand, any order of retroactivity

of payments should not compel the payment of such benefits back

any farther than the date this lawsuit was filed.

The Defendants do state that retroactivity of benefits

in this case is totally unnecessary without a showing on the part

of the Plaintiffs that they have actually suffered a loss as a

result of not obtaining benefits on or before the thirtieth or

sixtieth day.

C. This Court Should Not Impose Any Punitive Damages Against

Swank.

Harold O.

All of the cases relied upon by the Plaintiffs are clearl

@istinguishable from the case at hand, and they will be considered

in the order in which Plaintiffs cited them.

First, the case of Adickes v. S. H. Kress and Company,

90 S. Ct. 1598, 398 U.S. 144 (1970) involved an action by a white

woman who had been denied service in the defendant's restaurant

because she was in the company of Negroes. A New York City

policeman was involved in the action because he had arrested the

plaintiff while she was attempting to obtain a meal in defendant's

This case was remanded for a new trial to aliow the

restaurant.

However, in that case the plaintiff

plaintiff to prove her case.

had to show direct action on the part of the State and in the case

tic tc 3 Pate

at bar there is no direct action on the part of Mr. Swank.

Second, is the case of Caperci v. Hantoon, 397 F.2d 799

This case also involved actions of police

(lst Cir., 1968).

officers, where they conducted an illegal search of plaintiff's

Here too,

home without either probable cause or a search warrant.

direct action of these police officers is involved in depriving

plaintiff of his rights; while in the case at hand, Defendant Swank

:

aid no positive acts.

Third, in Lee v. Southern Home Sites Corporation, 429 F.2d

290 (Sth Cir., 1970) the court denied punitive damages to the

plaintiff who was not allowed to purchase a home solely because

of his race. That’ case involves no state official and is clearly

inapplicable to the case at hand.

; Fourth, is the case of Mansell v. Saunders, 372 F.2d

573 (Sth Cir., 1967). The Court held that the complaint*of the

owner of a garbage business stated a cause of action against

county commissioners for violation of his due process and equal

This case also involved positive action on the

protection rights.

part of the defendants and no such positive action was taken by

Mr. Swank in the cause now before this court.

Next, in Anderson v. Nosser, 438 F.2d 183 (5th Cir., 1971)

the court held that damages were proper for the false imprisonment

of demonstrators. However, the State of Mississippi has no law

granting officials immunity for false imprisonment and in that case

the plaintiffs were also subjected to very degrading, cruel, and

‘unusual punishment while being wrongfully imprisoned. In the case

at bar, no such positive action was taken ané surely it cannot be

said that Mr. Swank subjected these plaintiffs to degrading, cruel

|

|

j

oer unusual pulishment.

Fifth, in Basista v. Weir, 340 F.2d 74 (3rd Cir., 1965),

the plaintiff was subjected to wrongful arrest, physical beating,

and humiliation before his neighbors, and this took positive action

on the part of the police officer. Defendant Swank has done no

positive acts and also has done nothing so patently wrongful as

was the case in Basista.

In addition, the Court in Rhoads v. Horvat, 270 F. Supp.

307 (D.C. Col., 1967) held that $5,000.00 in compensatory and

$2,500.00 in exemplary damages was a liberal award for the illegal

arrest and detention of the plaintiff. Again, this involves positiv

action on the part of the defendants and in the case now before this

court there was no positive action taken by Mr. Swank.

‘Also, in Washington v. Official Court Stenogravher,

251 F.Supp. 945 (D.C. Pa., 1966) a court stenographer was ordered

to pay damages for failure to provide a transcript to a prisoner

This case shows a situation

after he had been ordered to do so.

involving failure to act, but it is clearly distinguishable from

“the case at bar since the stenographer was disobeying an order of

court. Here Defendant Swank merely enforced a state law and was

not violating any court order.

Finally, the case of Brooks v. Moss, 242 F. Supp. 531

(W.D.S.C., 1965) involved punitive damages being assessed in a case

This was

involving a wrongful arrest and an assault and battery.

positive wrongful action; and in the case of Defendant Swank, no

‘positive wrongful action was taken.

None of these cases cited by the Plaintiffs create any

precedent for assessiny punitive damages against Harold 0. Swank,

*__ 109

All of these cases concern affirmative action or inaction rather

than a lack of diligence of a person in a top executive position.

yone of those defendants had jobs of a such a high position as

ur. Swank and they all involved close personal action between the

plaintiffs and the defendants.

Therefore, this is not a proper case for the assessment

of punitive damages, and to do so would be neither reasonable nor

justifiable.

II. PLAINTIFFS ARE NOT ENTITLED TO

SUMMARY JUDGMENT ON COUNT IT .

A. Nothing in the Illinois Public Aid Code Requires That AABD

Assistance Be Granted From the Date of Application.

Plaintiffs cite no State or Federal law or regulation

which requires that assistance be granted from the date of appli-

- cation. Instead they simply state that since no provisions in

the law authorize the present position of the Department it must

be the wrong position.

This is a novel position, and totally incorrect, because

the reasoning is that the only things that can be done are those

which are specifically spelled out. Yet, the Plaintiffs state that

the Defendants must grant assistance from the date of application ever

though no specific provision requires it.

‘ Plaintiffs cite People ex. rel. Naughton v. Illinois Devart

ment of Public Aid, No. 70 L 11380 (Circuit Court of Cook County, -

1971) as precedent for their position here. As is clear from

Plaintiffs' Brief, this was a trial court decision and is therefore

without any precedent value whatsoever. |

Then it is stated by Plaintiffs that since this case

yas never appealed, it should be taken as state court precedent.

this too is clearly a position without basis or justification.

Plaintiffs next cite five cases they feel control this

case. These cases are all' distinguishable, and will be treated

separately.

First, Ewing v. Gardner, 185 F.2d 781 (6th Cir. 1950)

involved Social Security benefits, not public assistance, and

therefore has no value in this cause.

Second, Anderson’ v. United States, 205°F.2d326 (9th

Cir. 1953) involved annuities, and therefore clearly has no appli-

cation to public assistance grants.

Next, Conant v. State, 197 Wash. 21, 84 P.2d 378 (1938)

involved old age assistance, but closer inspection of that case

reveals that the Washington state statute specifically provided

that assistance be granted from the date of application. .

In addition, the case of Finley v. Marion County, 81 Ore.

294, 159 P. 557 (1916) involved pension benefits rather than

public assistance.

Finally, In_Re Wolfe, 81 Ore, 297, 159 P. 558 (1916)

also did not involve public assistance.

Therefore, none of these cases have any application to the

case at hand, and the Plaintiffs arguments are without basis.

B. Defendants' Actions Do Not Violate the Federal Requirements

For Equitable and Objective Treatment of AABD Applicants.

While it is true that some applications are processed

ft ae :

more quickly than others, many factors can cause this result. One

that some caseworkers are busier than, others, but others

that some applications take longer to précess than others

use of the factors that must be determined to exist in order

to determine eligibility.

¢. There Is No Violation of the Equal Protection Clause of the

fourteenth Amendment to the United States Constitution.

In order to prove a violation of the equal protection

clause, it must be shown that an unreasonable and arbitrary

classification exists which was caused by the affirmative action

of the defendants.

a

Here there have been no classifications of any kind set

Rather a situation has arisen,

up by actions of the Defendants.

completely outside the effective control of the Defendants,

and this is not sufficient to prove violation of the equal

protection clause.

In addition, the relief Plaintiffs have received by

the preliminary injunction already issued by this court is

sufficient to alleviate the problems complained of here.

CONCLUSION

Therefore, Defendants respectfully submit that

the Plaintiffs’ motion for summary judgment, permanent injunction,

and other relief should be denied.

EDWARD PISHER

sistant Attorney General

(of Counsel)

3-3656

a ——

.

‘\

beet b. le eg

WILLIAM J. SCOTT

Attorney General

State of Illinois

Attorney for Defendants,

Illinois Dept. of Public Aid,

Harold 0. Swank, and

Edward T. Weaver, Successor Director

160 North La Salle Street

-Chicago, Illinois 60601

ee ee oe

ee

ee

STATE OF ILLINOIS )

ss

COUNTY OF CO OK )

THE UNDERSIGNED, being first duly sworn on oath,

deposes and says that a copy of the foregoing

DEFENDANTS‘ BRIEF IN OPPOSITION TO MOTION OF PLAINTIFS FOR

SUMMARY ee PERMANENT INJUNCTION, AND OTHER RELIEF

by delivering

was served upon the following hyxderpeciting such copy im

xhhextinikedxShakeaxnakdocchutmeuntl Sixieculeanbienthneeka

7 XGRIRAGRAXEARERAER AX GRANT AXARARAK ROK NPACPROAORNG RASS SEEM

HROKKAGRXRRAXAAARKAARAxRAxEOIIOKNRX on December 1, 1971

-

Sheldon H. Roodman Edward V. Hanrahan

Community Legal Counsel State's Attorney of Cook County

116 South Michigan Avenue 500 Civic Center

Chicago, Illinois 60603 Chicago, Illinois

ai — James Rooney. ~ Ss

TA Lei. . Fd ae soot

SUBSCRIBED AND s#o5x—T0

aa a 8 ne this “~~ ' da

of CECSILELE - —,, 49 © A.D.

IN THE UNITED sTATss DISTRICT COURT

POR THE NORTHERN DISTRICT OY ILLINOIS

EASTERN DIVISION

: zw Le

JOHN JORDAN, et al., i 3

Plaintif?#s, )

)

va. ) Ho. 71 ¢ 70

)

FAROLD 0, SWANK, etc., et 21., ) 7

)

Defendents,. )

NOTICE AND PROCF OF SERVICE

TO: =Sheldon B, Roodman William J. Scott

Commnity Legal Counsel Attorney General of Illinois

116 South Michigan Avenue 160 North LaSalle Street .

Chicago, Illinois 60603 Chicago, Illinois 6060}

ATTN.: C. Edward Pisher

PLEASE TAKE NOTICE that the defendants, DAVID L.

DANIEL and the COCK couNTy DEPARTMENT OF PUBLIC AID do not

intend to file a Seperate brief in opposition to Plaintiff's

motion for cummry judgment and other permanent relief. They

adopt Jn toto the brie# filed December 1, 1971, by the Attorney

Ceneral of Iblinois as their brie?,

EDWARD V. HANRAHAN

State's Attorney of Cook County

Bys

Janes A, Rooney

Assistant State's Attorney

~ 445

JAMES A, ROONEY, hereby certifies thet he Served

copies of this notice and proof of service by mailing said

copies on December 6, 1971 to the parties to whom it is

directed,

James A, Rooney

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

JOHN JORDAN, by his next friend,

JEANETTE BRYANT, individually and

Plaintiffs,

vs.

HAROLD O. SWANK, Director, Illinois

Department of Public Aid; DAVID DANIEL, ©

Director, Cook County Department of

Public Aid; EDWARD J. BARRETT, Comp-

troller of Cook County, individually

and in their official capacities,

. Defendants. -

ee ee ee ee a es ee es es es es

MEMORANDUM OPINION AND ORDER

UE AND ORDER

This civil rights action challenges the administration of

federally funded Aid to the Aged, Blind and Disabled program (AABD)

by the defendants. Currently, the plaintiff has moved for summary

judgment seeking a permanent injunction, declaratory judgment, and

punitive damages. Plzintiff argues and the court agrees that there

exists no genuine issue of material fact.

Section 1382(a)(8) of Title 42 provides that assistance

under the AABD plan shall be made to eligible applicants with reason

able promptneés. Federal regulations stipulate that reasonable

Promptness shalinot exceed 30 days for aid to the aged and blind

and 60 days for the disabled. These €ime limitations are mandatory.

jriquez v. Swank, 318 F. Supp. 289 (N.D. Ill. 1970) (Kiley, Will

i pecker, JJ). The defendants, as administrators of the Illinois

ogram, have not complied with these limits, either for determining

igibility or in furnishing the first assistance check. Federal

<= oe of public Assistance AMminiatration, Part IV,. $£2200(b) (3) (4)

d 2300(b) (3) (5)- For the reasons stated by plaintiff in his memoran-

m, the court agrees that the plaintiff class is entitled as a matter

f law to a permanent injunction to insure seukiaieatis present and

ture, with the requisite time limitations. |

Based on the same authority a final judgment will be entered

sclaring the Illinois Categorical Assistance Manual sections 4004

4 8255 (and subsecticns thereunder) as applied to applicants for

BD to be invalid insofar as they are inconsistent with the Social

curity Act and regulations issued cursuant thereto.

Plaintiff also seeks punitive damages against defendant Swank

ho was the Director-of the Illinois program. The court is not in-

ed to grant such damages, believing the permanent injunction to

a sufficient deterrent to future violations.

-Pinally, a final judgment and permanent injunction is sought

requiring defendants to pay to those applicants for: AABD since July

1, 1968, who met the eligibility requirements for AABD at the time

os

of their applications, AABD benefits from the date of their application.

pased on the Rodriquez case and other authority cited by plaintiff,

the class is entitled to such payments at least from the last day

of the requisite time limitations contained within the federal regulatior

fhe class consists of those applicants who applied for AABD since the

effective date of the regulations, July 1, 1968, and did not receive

their initial check as required within the 30 day or 45 day (60 ‘days

‘ for aid to the disabled as of January 1, 1971) limits. Lewis v.

Riggins, F. Supp. (Cause No. 71 H 19, N. D. Ind.

May 19, 1971).

Plaintiff, however, seeks the retroactive payments from

the date of application rather than the last day of the time limitati«

The court cannot agree with this position. The federal statute and

regulations grant a reasonable time to. the administrators to act

upon the application and require payments to begin only within that

period but not from the beginning of such period. This court perceiv

ho requirement that the assistance shall be paid "retroactively to the

date of application. Nor is the right to the equal protection of the:

law violated by such an order. The processing of some applications

faster than others within the time limits does not establish arbitra)

_.€lassifications constituting invidious discrimination. No classifi-

" eations will be processed before others. As long as all are complet

ale

and assistance checks are furnished within the time limits, a

definite and objective standard exists for the processing of the

applications. Therefore, the plaintiff class is entitled to retro-

active benefits from the last day of the federally required time

limits.

Accordingly, plaintiff's motion for summary judgment is

granted in part and denied in part. Counsel for plaintiff is ordered

to present to the court within 20 days a proposed judgment order

and decree in accordance with this opinion.

ENTER:

ee tae

UNITED STATESZHISTRICY JUDGE

DATED: February

SE a a

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

JOHN JORDAN, et al., )

‘Plaintiffs, )

vs. : } No. 71 C 76

EDWARD T. WEAVER, ieee .

Defendants. }

NOTICE OF FILING

fo: William J. Scott Edward V. Hanrahan

Attorney General State's Attorney

160 N. LaSalle St. 500 Civic Center

Chicago, 111.60601 Chicago, I11.60602

Attn: Richard Byrne Attn: James Rooney

PLEASE TAKE NOTICE that on March 13, 1972, we have filed

with the Honorable Alexander J. Napoli, Judge of the United

States District Court for the Northern District of Illinois,

the attached Judgment in substitution for the Judgment pre-

viously submitted to the Court with plaintiffs‘ motion for

= of judgment. Lett, | (Seo Cae

Sheidon H. i

Attorney res plajhtifts

CERTIFICATE OF SERVICE

I, Sheldon H. Roodman, certify that I am the attorney for

plaintiffs in the above-captioned case and that on March 13, 1972

I served copies of the attached revised Judgment on the attorneys

for the defendants at the above-listed addresses by depositing

same in the United States mailbox at 116 S. Michigan Avenue,

Chicago, Illinois, postage prepaid, First Class mail, on March

13, 1972 ~ 424 L,

e . ‘ain i i

ét, ZO cht.

i ee

IN THE UNITED STATES DISTRICT COURT

POR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION ~ 3

JOHN JORDAN, by hi's next friend, )

JEANETTE BRYANT, individually )

and on behalf of al) other )

persons similarly situated, )

; )

Plaintiffs, )

. . ) ‘ .

Vs. ) No. 71 C 70

ye

EDWARD T. WEAVER, Director, )

Illinois Department of Public )

Aid; HAROLD o. SWANK, former )

Director, Illinois Department )

of Public Aid; DAVID L. DANIEL, )

Director, Cook County Depart- )

ment Of Public Aié; EDWARD J. )

BARRETT, Comptroller of Cook” )

County, individually and in )

their official capacities, )

)

)

Defendants.

JUDGMEN?T

This action came on for hearing before the Court,

Bonorable Alexander J. Napoli, United States District

Court, and the issues having been duly heard and a Memo-

Tandem Opinion and Order having been duly rendered on

February 4, 1972,

IT IS HEREBY ORDERED, ADJUDGED, and DECREED:

1. The defendants DAVID L. DANIEL, Director, Cook

County Department of Public Aid, anda EDWARD J. BARRETT, ~

Comptroller of Cook County, and EDWARD T.. WEAVER, Director,

Illinois Department of Public Aid, their agents, including

_. 122

Illinois, their employees, and all Persons in active

poncert and participation with them, are hereby permanent-

ly enjoined from failing to make determinations of eligi-

bility and mailing either the first full AABD -assistance

theck or notification of denial of assistance, within

sees days from the date of application as to appli-

nts for aid to the aged and blind under the AABD pro-

gram in the State of Illinois, and within sixty days

from the Gate of application as to applicants for aid

9 the disabled under the AABD program in the State of

Illinois, except as provided in paragraph 3, infra.

2. The entitlement of all eligible AABD applicants

n the State of Illinois shall attach no later than ‘the

In any case in which eligibility is determined

subsequent to the thirtieth day or sixtieth day, respec-

vely, the applicant Shall be entitled to AABD assistance

retroactive at the very least to the thirtieth (30th) day

or sixtieth (60th) day, respectively, subject only to the

eption in Paragraph 3, infra. If the applicant is

hied AABD assistance retroactive to the thirtieth (30th)

or sixtieth (60th) day, respectively, pursuant to Paragraph

am

TS >

3, infra, said applicant must receive a written Statement

explaining (a) the unusual circumstances, referred to in

paragraph 3, upon which the denial is based, and (b) that

the applicant has the right to appeal within sixty (60)

days this decision of the County Department of Public Aid,

3. The thirty-day requirement as defined in para-

graphs 1 and 2 and in 45 C.P.R. $206.10 (a) (36 Fed.Reg.

3864, February 29, 1972) shall be Strictly complied with

except in unusual circumstances, e.g., where the agency

cannot” reach a decision because of failure or delay on

the part of the applicant or an examining Physician, ‘or

because of some acministratiye or other emergency that

could not be controlled by the agency,- in which instances

the case record Shows the cause for the Celay.

4. Illinois Categorical Assistance Manual, Section

5. That the defendant EDWARD T. WEAVER, Director,

Illinois Department Of Public Aid, his agents, including

all of the County Departments of Public Aid in the State

of Tllinois,ang employees, and all Persons in active

concert and Participation with them, are hereby enjoined

applied between July 1, 1968 and April 16, 1972, and were

determined eligible, as follows:

(a) Por those aged and blind applicants whose

first full AABD check was not mailed within thirty

days from the date of application, AABD assistance

for the period beginning with the thirtieth day from

the date of application to the date the applicant's

entitlement to AABD became dttviitin :

(b) (i) For those disabled aboliouits wo ap-

Plied between July 1, 1968 ana December 31, 1970,

whose first full AABD check was not mailed within

forty-five days from the date of application, AABD

assistance for the period beginning with the forty-

fifth day from the date of application to the date

the applicant's entitlement became effective;

(ii) For those disabled applicants who ap-

Plied between January 1, 1971 and April 16, 1971,

whose first full AABD check was not mailed within

sixty days from-the date of application, AABD as-

sistance for the period beginning with the sixtieth

day from. the date of application to the date the ap-

Plicant's entitlement became effective.

These AABD benefits shall be mailed to those persons cur-

reutly receiving AABD within eight months with an explanatory

-4~

a

letter, said letter having been first approved by plain-

tiffs’ attorney. Any AABD benefits received pursuant to

this paragraph shall not be Geemed income or resources

under Article III of the Illinois Public Aid Code.

For those persons not presently receiving AABD:

(a) A certified letter (return receipt

requested), said letter having been first ap-

proved by plaintiffs' attorney, shall be sent

to the last known address of the person, inform-

ing him in concise and easily understandable terms

that he is entitled to a specified amount of AABD

benefits wrongfully withheld, and that he may

Claim such amount by contacting the County De-

Partment of Public Aid at a specified address,

within 45 days from the receipt of said letter.

(b) If the County Department of Public Aida

does not receive a claim for the AABD benefits

within 45 days from the date of actual notice to

the person, the right to said AABD benefits shall

be forfeited and the file shall be closed. Per-

sons who do not receive actual notice do not for-

feit their rights to AABD benefits ee with-

held under this provision.

A ene

6. Within 15 days from the date of this decree, de-

fendant EDWARD fT. WEAVER, Director, Illinois Department

of Public aia, Shall submit to the Court and the Plain-~

tiffs' attorney a detailed Statement as to the method

for effectuating the relief required by para

of this Decree.

gtaph 5, supra,

Any disputes between the Parties as to

whether the Procedures and Steps outlined by the defendant

WEAVER will fulfil) the requirements

of this Decree will

be resolved by the Court.

a

7. The defendants Shall have the continuing obliga-

tion to submit to the Court and to the plaintiffs'

attorney

a detailed monthly report inéicating the number of AABD

applications disposed of by lengtf of time from the date

of application, for each county in the

time for processing AABD applications, until such time

that such reports establish compliance '

with the terms of

this Order for six months.

8. Defendant EDWARD Tf. WEAVER,

Department of Public Aid, Shall issue

Director, Iliinois

a bulletin of the

Illinois Department of Public Aid incorporating the essence

judgment within 15 days from the entry

°f this

thereof.

——

” This judgment shall be binding upon defendants,

their officers, agents, servants, employees and their

successors, and upon those persons in active concert or

participation with them who receive actual notice of the

judgment by personal service or Otherwise. ~

10. The prayer of the plaintiffs for Punitive damages

against the defendant HAROLD 0. SWANK is hereby denied,

11.

This Court shall retain continuing jurisdiction

over this cause for all purposes. ;

ENTER:

Alexander Jj. fot

United States istri Court

Dated: Mares, 1S, 14 Tt

.

a

I1lfnols Deparcecnt of Public Aid

wen

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OF TOTAL APPLICATIONS ACTIVITY pees

POR THE MONTH OF MAY, 1973

4

—_— ye :: ISPOSITIOoNS : RENDING ATE

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‘ ; it ee REPORT OF DA APPLICATIONS ACTIVITY —_

: FOR THE MONTH OF MAY, 1973 at : sa

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. ‘ Received |~On Hand | Total vies. tial aks Sits” RAF Seta oe

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A.TCELD GARDENS ie ee “se 2 ae - é r ga cqunemesiiatiin SNe ith ——s Snails —— =.

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. 9 ©& FOREST HOSPITAL 4 “33 a 13 20 3 Be

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‘ S.CKER PARK pbs 184 , 19 , 168 132 . 36 oa? = ~ !

SOU LAM 4 . & 3 A B .. ae ; : —— uv :

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“MDISON * : 4 101 a 68 ~ s aE See t Bi SORRY

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GX FOREST HOSPITAL A 4 oe « £4 ao “

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K'NY HORNER et Sey uw. ate o. Se oun 5 .** :

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L-STR NORTH nae 228 - a eae” Se ee eee eee tgs ar Gre 7 -

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Appendix — Edelman v. Jordan · 415 U.S. 651 | Frix