Holloway v. Parham

340 F. Supp. 336, 15 Fed. R. Serv. 2d 1390, 1972 U.S. Dist. LEXIS 14375
District Court, N.D. Georgia·Decided March 31, 1972·No. Civ. A. 15346·Published·Cited by 14 cases

Opinion

RICHARD C. FREEMAN, District Judge:

ORDER

This action is brought by a welfare recipient to challenge a Georgia statute 1 under which the Georgia State Department of Family and Children Services recoups public assistance over-payments from current welfare grants. Plaintiff asserts that a Georgia welfare statute is unconstitutional 2 and incon *338 sistent with the Social Security Act 3 and federal administrative regulations. 4 Plaintiff demands injunctive and declaratory relief. A three-judge court was convened pursuant to 28 U.S.C. §§ 2281 and 2284. This court has jurisdiction of the subject matter under 28 U.S.C. § 1343(3) and (4); 42 U.S.C. § 1983. Rosado v. Wyman, 397 U.S. 397, 90 S.Ct. 1207, 25 L.Ed.2d 442 (1970). This court will consider pendent statutory claims as well as the constitutional claims presented. King v. Smith, 392 U.S. 309, 88 S.Ct. 2128, 20 L.Ed.2d 1118 (1968); Fla. Lime and Avocado Growers Inc. v. Jacobsen, 362 U.S. 73, 80 S. Ct. 568, 4 L.Ed.2d 568 (1960).

STATEMENT OF THE CASE

Plaintiff Louise T. Holloway and her six (6) minor children are certified as eligible for Aid to Families with Dependent Children (hereinafter referred to as AFDC), under state and federal law since their needs are not being completely met by the income of Mr. and Mrs. Holloway. Defendant T. M. Par-ham, Director of the State Department of Family and Children Services, is in charge of administering grants of public assistance.

Prior to April 3, 1970, plaintiff and her children were receiving AFDC and Mr. Holloway, who was then living in the home, was receiving Aid to the Permanently and Totally Disabled (hereafter referred to as APTD). 5 On April 3, 1970, Mr. Holloway was incarcerated in the Fulton County Jail, where he remained until admitted to Central State Hospital on May 13, 1970. As a patient at Central State Hospital, Mr. Holloway was not eligible for APTD. 6 Mr. Hollo *339 way’s confinement was not reported to the State Department of Family and Children Services (hereafter referred to as the Department) until August, 1970. Having no notification of his confinement, the Department mailed Mr. Holloway’s APTD checks for the months of May, June, July and August, 1970, to his home address. Plaintiff Louise Holloway, cashed the checks and used the proceeds ($242.00) for family living expenses.

On March 12, 1971, the Department notified plaintiff by mail that the family’s AFDC checks for April and May, 1971, and thirty-eight dollars ($38.00) of the June, 1971, cheek (a total of $314.00) would be withheld because “the endorsements of Mr. Holloway’s May, June, July and August, 1970 checks were not legal.” 7 Upon objection by counsel for plaintiff, the Department agreed to deduct twenty-eight dollars ($28.00) from each of plaintiff’s subsequent AFDC checks until the overpayment ($242.00) was recovered rather than completely withholding the April and May checks. In compliance with plaintiff’s request, the Department allowed the full amount of the AFDC grant ($138.00 a month) to be paid to plaintiff pending a hearing on the matter. On May 24, 1971, an administrative hearing was held to determine whether the Department could withhold part of plaintiff’s AFDC grant and apply it against overpayments of APTD grants made to the plaintiff’s husband. The hearing officer upheld the Department’s decision 8 *340 to withhold twenty-eight dollars ($28.00) a month from plaintiff’s AFDC grant until the overpayments in her husband’s ATPD grants were recouped. The hearing officer cited Ga.Code Ann. § 99-2912 as authority for the Department’s action.

Thereafter, plaintiffs instituted the present action for injunctive and declaratory relief. Plaintiffs have moved pursuant to Fed.R.Civ.P. Rule 23(a) and (b) (2) to maintain this action as a class action. Subsequent to oral argument, plaintiffs petitioned the court to admit additional evidence. Before addressing itself to plaintiff’s request for injunctive and declaratory relief, this court will rule on plaintiff’s motion for a class action and petition to admit additional evidence.

CLASS ACTION

Before this action can proceed as a class action, plaintiff must satisfy the prerequisites of Fed.R.Civ.P. Rule 23(a) which provides:

One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class, (emphasis added).

Plaintiff asserts that she represents a class consisting of all recipients (over 260,000' individuals) of AFDC in the State of Georgia during the pendency of this action. Plaintiff asserts that the question of law common to the class is whether an overpayment made to an AFDC group can be recouped from current AFDC assistance payments pursuant to Ga.Code Ann. § 99-2912(b). This court agrees with plaintiff’s designation of the question of law; however, the court believes that plaintiff’s definition of the class (all AFDC recipients in Georgia) is overly broad. For the purposes of this action, the court finds that the plaintiff class can be more precisely defined as all AFDC groups from which the Department has or has attempted to recoup overpayments from current AFDC assistance payments during the pendency of this suit.

Although plaintiff is a member of this class, plaintiff also must meet the numerosity requirement of Fed.R.Civ.P. Rule 23(a) (1) by establishing “that the members of the alleged class are so numerous as to make it impracticable to bring them all before the court.” Demarco v. Edens, 390 F.2d 836, 845 (2d Cir. 1968). During oral argument counsel for the defendant estimated that *341

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Holloway v. Parham, 340 F. Supp. 336, 15 Fed. R. Serv. 2d 1390, 1972 U.S. Dist. LEXIS 14375 (N.D. Ga. 1972).

340 F. Supp. 336 (Holloway v. Parham) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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