Harris v. Panepinto

830 F. Supp. 932, 1993 WL 343748
CourtDistrict Court, S.D. West Virginia
DecidedAugust 19, 1993
DocketCiv. A. No. 2:93-0242
StatusPublished

This text of 830 F. Supp. 932 (Harris v. Panepinto) is published on Counsel Stack Legal Research, covering District Court, S.D. West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harris v. Panepinto, 830 F. Supp. 932, 1993 WL 343748 (S.D.W. Va. 1993).

Opinion

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are cross-motions for summary judgment filed by the Plaintiffs and the Defendants. Because the Plaintiffs’ claims are moot, the Court GRANTS Defendants’ motion for summary judgment and DENIES Plaintiffs’ motion for summary judgment.

Under Rule 56(c) of the Federal Rules of Civil Procedure, summary judgment is proper only:

“[I]f the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to summary judgment as a matter of law.”

[934]*934A principal purpose of summary judgment is to isolate and dispose of meritless litigation. Celotex v. Catrett, 477 U.S. 317, 324, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986). The moving party has the initial burden of showing the absence of a genuine issue concerning any material fact. Adickes v. S.H. Kress & Co., 398 U.S. 144, 159, 90 S.Ct. 1598, 1609, 26 L.Ed.2d 142 (1970). If the moving party meets its initial burden, the burden then shifts to the nonmoving party to “establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.” Celotex Corp. v. Catrett, 477 U.S. at 322, 106 S.Ct. at 2552. To discharge this burden, the nonmoving party cannot rely on its pleadings, but instead must offer evidence showing that there is a genuine issue for trial. Id. at 324, 106 S.Ct. at 2553. Based on this standard the Court grants Defendants’ motion for summary judgment.

In February and July of 1992, the Plaintiffs applied for food stamps with the West Virginia Department of Health and Human Resources (“DHHR”). The DHHR denied benefits after determining that Plaintiffs’ “financial resources” exceeded the $2,000 limitation under 7 U.S.C. § 2014(g)(1) of the Food Stamp Act. Section 2014(g)(1) provides that “a household otherwise eligible to participate in the food stamp program will not be eligible to participate if its resources exceed $2,000----”

In computing financial resources, the DHHR included the fair market value of Plaintiffs’ Chevrolet pickup truck, less a $4,500 exemption under the Food Stamp Act. 7 U.S.C. § 2014(g)(2). As a result the Plaintiffs’ total resources exceeded the $2,000 limit under § 2014(g)(1), and Plaintiffs were unable to qualify for food stamps in February and July of 1992.1

This action asserts the Defendants improperly included the value of the pickup truck in determining financial resources. The Plaintiffs claim that outstanding liens exceeded the truck’s fair market value, making it an “inaccessible resource” under 7 U.S.C. § 2014(g)(5). An “inaccessible resource” includes assets which “the household is unlikely to be able to sell for any significant return because the household’s interest is relatively slight....” 7 U.S.C. § 2014(g)(5).

The amended complaint for injunctive and declaratory relief seeks the following:

“A. That the Court declare that Plaintiffs’ 1991 Chevrolet S-10 Pick up truck was exempt from resource calculation as an inaccessible resource under 7 U.S.C. § 2014(g)(5) at the time the Harrises applied for food stamps;
B. That the Court enjoin Defendant to determine Plaintiffs eligibility for food stamps without including the value of the Plaintiffs’ 1991 Chevrolet S-10 Pick up truck as a resource____”

The Defendants claim that § 2014(g)(5) is inapplicable to licensed vehicles, and that Plaintiffs’ claims for food stamps were properly denied based on § 2014(g)(1) and (2). The Defendants also claim this action is moot because Plaintiffs have been receiving food stamps since August, 1992.2 The Court notes that the original complaint was filed in November, 1992.

In order to establish a case or controversy under Article III of the Constitution, the litigant must first demonstrate that he has suffered a concrete “injury in fact.” Whitmore v. Arkansas, 495 U.S. 149, 155, 110 S.Ct. 1717, 1723, 109 L.Ed.2d 135 (1990). [935]*935The alleged harm must be actual or imminent, not “conjectural” or “hypothetical,” and the threatened injury must be “certainly impending” to constitute injury in fact. Id. at 155, 158, 110 S.Ct. at 1723, 1724. Further, the litigant must show that the injury “fairly can be traced to the challenged action,” and “is likely to be redressed by a favorable decision.” Id. at 155, 110 S.Ct. at 1723; Valley Forge v. Americans United, 454 U.S. 464, 472, 102 S.Ct. 752, 758, 70 L.Ed.2d 700 (1982). Article III “denies federal courts the power ‘to decide questions that cannot affect the rights of litigants in the case before them.’ ” Lewis v. Continental Bank Corp., 494 U.S. 472, 477, 110 S.Ct. 1249, 1253, 108 L.Ed.2d 400 (1990) (citation omitted).

A case becomes moot “when the issues presented are no longer ‘live’ or the parties lack a legally cognizable interest in the outcome.” Powell v. McCormack, 395 U.S. 486, 496, 89 S.Ct. 1944, 1951, 23 L.Ed.2d 491 (1969). Accordingly, “ ‘[pjast exposure to illegal conduct does not in itself show a present case or controversy regarding injunctive relief ... if unaccompanied by any continuing, present adverse effects.’” Renne v. Geary, — U.S. —, —, 111 S.Ct. 2331, 2338, 115 L.Ed.2d 288 (1991) (citation omitted). Thus the “case-or-controversy requirement subsists through all stages of federal judicial proceedings, trial and appellate.” Lends v. Continental Bank Corp., 494 U.S. at 477, 110 S.Ct. at 1253.

A mootness exception applies to actions which are capable of repetition, yet evading review, but this doctrine “will not revive a dispute which became moot before the action commenced.” Renne v. Geary, — U.S. at —, 111 S.Ct. at 2338. In the absence of a class action, the mootness exception applies when (1) the challenged action is too short in duration to be fully litigated prior to its cessation or expiration, and (2) there is a reasonable expectation that the same complaining party will be subject to the same action again. Weinstein v. Bradford, 423 U.S. 147, 149, 96 S.Ct.

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Related

Powell v. McCormack
395 U.S. 486 (Supreme Court, 1969)
Adickes v. S. H. Kress & Co.
398 U.S. 144 (Supreme Court, 1970)
Weinstein v. Bradford
423 U.S. 147 (Supreme Court, 1975)
Lewis v. Continental Bank Corp.
494 U.S. 472 (Supreme Court, 1990)
Whitmore Ex Rel. Simmons v. Arkansas
495 U.S. 149 (Supreme Court, 1990)
Renne v. Geary
501 U.S. 312 (Supreme Court, 1991)

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Bluebook (online)
830 F. Supp. 932, 1993 WL 343748, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-v-panepinto-wvsd-1993.