Graham v. Bowen

707 F. Supp. 118, 1989 U.S. Dist. LEXIS 2040, 1989 WL 19068
CourtDistrict Court, W.D. New York
DecidedFebruary 8, 1989
DocketNo. CIV-88-119E
StatusPublished

This text of 707 F. Supp. 118 (Graham v. Bowen) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Graham v. Bowen, 707 F. Supp. 118, 1989 U.S. Dist. LEXIS 2040, 1989 WL 19068 (W.D.N.Y. 1989).

Opinion

MEMORANDUM and ORDER

ELFVIN, District Judge.

Plaintiffs in this action are mothers, acting on behalf of their dependent children, whose households were suspended from receiving benefits pursuant to the Aid to Families with Dependent Children (“AFDC”) program, 42 U.S.C. § 601 et seq. Individual adult members of each household had received lump-sum personal injury awards which were held to have rendered the entire households ineligible for AFDC assistance during a period of months, ending in January 1989.

The Complaint, as presently drafted, alleges that the defendants violated the plaintiffs’ rights under the AFDC enactment and under the equal protection guarantees of the Constitution. This Court granted plaintiffs a preliminary injunction February 12, 1988 pending the outcome in the United States Supreme Court of an analagous case under the federal food stamp program involving the denial of government benefits to an entire household because of the “misconduct” of an individual member. The plaintiff in that case, Lyng v. International Union, UAW (“Lyng”), 485 U.S. 360, 108 S.Ct. 1184, 99 L.Ed.2d 380 (1988) — which was decided March 23rd — had similarly challenged the government program on equal protection grounds.

After the ruling in favor of the government defendant on the equal protection claim in Lyng, defendants Perales and Scozzafava moved to dismiss the Complaint pursuant to rule 12 of the Federal Rules of Civil Procedure. Defendant Bowen also moved for summary judgment of dismissal.

Subsequently, the plaintiffs moved to amend the Complaint so as to provide an additional cause of action — viz., that the relevant AFDC provision, 42 U.S.C. § 602(a)(17), effectively operates as a bill of attainder in violation of Article I, Section 9 of the Constitution.

The various parties have agreed that these motions are “inter-related” and should be considered by this Court simultaneously and that all pleadings and supporting memoranda have been submitted.1 [120]*120Therefore the motions to dismiss will be deemed to relate to all of plaintiffs’ causes of action, including that additional cause stated in the proposed Amended Complaint.

Leave of court should be “freely given” for amendment of pleadings whenever such leave is required by the interests of justice. Fed.R.Civ.P. rule 15(a). Absent specific reason, such as undue delay, or dilatory motive on a movant’s part, failure to grant leave to amend constitutes an abuse of discretion by a district court. Foman v. Davis, 371 U.S. 178, 182, 83 S.Ct. 227, 230, 9 L.Ed.2d 222 (1962). The introduction of an additional cause of action in an amended complaint is not a sufficient specific reason to deny a motion to amend. 3 Moore’s Federal Practice, 1115.08[2] (2d ed. 1987). Inasmuch as the plaintiffs’ attorney has affixed an affidavit to the motion affirming the absence of bad faith or dilatory tactic in bringing the motion and as there is no evidence to the contrary before this Court, the plaintiffs’ motion to amend the Complaint so as to state an additional cause of action will be granted.

Under Fed.R.Civ.P. rule 12(b)(6), a cause of action may be dismissed for failure to state a claim if it “appears beyond a doubt” that no set of facts could be proved which would entitle the plaintiff to relief thereon. Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957). Additionally, judgment on the pleadings is available under rule 12(c) if the moving party is clearly entitled to judgment, notwithstanding that the opposing party’s factual assertions must be accepted as true. 2A Moore’s Federal Practice 1112.15. This action is entirely centered upon questions of law. Hence, dismissal is appropriate if, upon the facts alleged in the Amended Complaint, the plaintiffs are not entitled to relief.

As noted above, this Court granted the plaintiffs a preliminary injunction pending the outcome of Lyng. Therein “the Food Stamp Act,” 7 U.S.C. §§ 2011 et seq., as amended in 1981, was challenged on equal protection grounds insofar as it precludes a household from becoming eligible for food stamps or for receiving an increased allotment thereof when an individual household member sustains decreased income due to being on strike from his job. The trial court had characterized this aspect of the law as impermissibly placing the onus of a parent’s misconduct on a dependent child in contravention of “fundamental conceptions of justice.” United Auto., Aero. & Agr. Implement Workers v. Lyng, 648 F.Supp. 1234, 1240 (D.D.C.1986).

The highest court, on direct appeal, reversed and such ruling is dispositive of the instant equal protection claim. Although Lyng dealt with the food stamp program rather than with the AFDC program, the equal protection analysis employed therein remains applicable. Absent a fundamental interest or a protected class, the standard of review is “deferential” — i.e., whether a statutory scheme is “rationally related to a legitimate governmental interest.” Lyng, 108 S.Ct. at 1192.

The plaintiffs argue that such ruling may be distinguished as implicating no fundamental interest, whereas the AFDC scheme at issue in this case deprives ineligible families of necessities, creating the likelihood of children being committed to foster homes and thus interfering with the fundamental right of these families to remain intact. Thereby, it is argued, a heightened standard of review is required.

However, to the extent that the AFDC program as established may increase the likelihood of a fracturing of some families it operates no differently than the food stamp program the challenge to which was before the United States Supreme Court. Any distinction is quantitative and not qualitative. The record in Lyng “bears witness” to the hardship to families occasioned by the withholding of food stamps from households with a striking member.2 [121]*121Lyng, at 1196 & fn. 3 (Marshall, J. dissenting). Notwithstanding such unfortunate occurrences, the majority in Lyng found “no substantial impact on any fundamental interest.” The Court stated that:

“Whenever an individual takes any action that hampers his or her ability to meet the [food stamp] program’s eligibility requirements * * *, the entire household suffers accordingly. We have never questioned the constitutionality [of this result]. * * * That aspect of the program does not violate the Constitution any more so today.” Id. at 1191-1192.

Analagously, AFDC provisions which visit the “sins” of the parents on their dependent children are also constitutionally valid under the Fourteenth Amendment and the equal protection component of the Fifth Amendment’s due process clause.

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Related

Conley v. Gibson
355 U.S. 41 (Supreme Court, 1957)
Foman v. Davis
371 U.S. 178 (Supreme Court, 1962)
King v. Smith
392 U.S. 309 (Supreme Court, 1968)
Townsend v. Swank
404 U.S. 282 (Supreme Court, 1971)
Carleson v. Remillard
406 U.S. 598 (Supreme Court, 1972)
Philbrook v. Glodgett
421 U.S. 707 (Supreme Court, 1975)
Ohio Bureau of Employment Services v. Hodory
431 U.S. 471 (Supreme Court, 1977)
Nixon v. Administrator of General Services
433 U.S. 425 (Supreme Court, 1977)
Lukhard v. Reed
481 U.S. 368 (Supreme Court, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
707 F. Supp. 118, 1989 U.S. Dist. LEXIS 2040, 1989 WL 19068, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graham-v-bowen-nywd-1989.