Jeffries v. Swank

317 F.R.D. 543, 2016 U.S. Dist. LEXIS 135089, 2016 WL 5720473
CourtDistrict Court, N.D. Illinois
DecidedSeptember 30, 2016
DocketNo. 70 C 3196
StatusPublished
Cited by2 cases

This text of 317 F.R.D. 543 (Jeffries v. Swank) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jeffries v. Swank, 317 F.R.D. 543, 2016 U.S. Dist. LEXIS 135089, 2016 WL 5720473 (N.D. Ill. 2016).

Opinion

MEMORANDUM OPINION AND ORDER

Rubén Castillo, Chief Judge

Mark Hyzy (“Hyzy”), proceeding pro se, brings this motion to intervene in this case pursuant to Federal Rule of Civil Procedure 24, seeking enforcement of a permanent injunction in this case and recovery of penalty payments that he alleges the Illinois Department of Human Services (“the Department”) owes to him. (R. 4, Mot. to Intervene.) In its response to the motion to intervene, the Department includes a motion to dismiss several counts of Hyzy’s proposed complaint under Federal Rule of Civil Procedure 12(b)(6), For the reasons stated below, Hyzy’s motion is granted and the Department’s motion to dismiss is granted in part and denied in part.

RELEVANT FACTS

This case began more than 46 years ago, when Virginia Jeffries filed an action under 42 U.S.C. § 1983, on behalf of a class seeking declaratory and injunctive relief. Jeffries v. Swank, 337 F.Supp. 1062, 1064 (N.D. Ill. 1971). The class consisted of recipients and applicants for public assistance under the Social Security Act who had not received final decisions on administrative hearings by the Illinois Department of Public Aid within 60 days of their request for a hearing.1 Id. In 1972, the district judge entered an order requiring the Department to take administrative action within those 60 days unless the applicant had requested a delay in the hearing. (R. 6, Hyzy’s Mem., Ex. B.) Two years later, the court modified the order to allow the Department 90 days to take action, following a change in the Social Security Act. (Id, Ex. C.) In 1976, the court required the Department to issue a $100 payment to any applicant if the 90-day deadline was not met, as well as an additional $100 payment for each additional 30 days that elapsed after the 90-day deadline. (Id. Ex. D.) The Department was required to submit monthly reports detailing how many applicants were not receiving administrative decisions within 90 days and the total delays in their cases, a practice which continued until 1984. (Id. Ex. B; id. Ex. C.) From 1984 until Hyzy filed his motion to intervene, there were no filings or proceedings in this long-settled case.2 (R. 1, Docket.)

Hyzy was hospitalized for an illness in September 2013 and was later sent to a nursing home in October 2013. (R. 22, Compl. in Intervention ¶ 6.) After being discharged, Hyzy fell at home and was again sent to a hospital and nursing home. (Id.) At this time, Hyzy had neither health insurance nor any income. (Id. ¶ 7.) Over a period of about 16 months, Hyzy filed five applications for Medicaid benefits. (See id.) His first two applications were granted, although issues later arose leading Hyzy to appeal them. (R. 6, Hyzy’s Mem. at 2.) His other three applications were initially denied. (R. 22, Compl. in Intervention at 4, t.l.)

Hyzy requested appeals in each of these five applications. (Id ¶ 8.) The hearings for his first four applications were consolidated and held by telephone on May 19, 2016, while the fifth healing was held on October 20, 2015. (Id. at 6, t.2; R. 6, Hyzy’s Mem. at 2-3.) The period of delay between Hyzy filing these appeals and the dates of the hearings ranged between 138 and 363 days. (R. 22, Compl. in Intervention at 6, t.2.) The precise events of the May 19 healings are unclear based on Hyzy’s account, but he alleges that he was sworn in, gave testimony, and prevailed on one of his claims. (Id. ¶ 13.) For reasons not reflected in the present record, Hyzy allegedly withdrew his appeals during [547]*547these hearings.3 (R. 22, Compl. in Intervention ¶ 13; R. 16-2 ¶ 2.) After he withdrew his appeals, the Department refused to pay him any penalty payments for the delays preceding the hearings. (R. 22, Compl. in Intervention ¶ 13.) The fifth appeal was decided in Hyzy’s favor, and the Department issued a $200 penalty payment to him on January 28, 2016. (R. 16-2 at 9-10; R. 16-3 at 2.) Although the delay between Hyzy filing his appeal and the final administrative decision totaled 209 days, the Department alleges that 81 days of this time resulted from Hyzy’s own request for an extension. (R. 16-2 at 3.)

Hyzy filed his motion to intervene on September 3, 2016. (R. 4, Mot. to Intervene.) In March 2016, the Department filed a response opposing Hyzy’s motion. (R. 16, Def.’s Resp.) The Department argued that Hyzy’s claims were moot, as he voluntarily withdrew his first four appeals and was allegedly paid appropriately for the delay of his fifth appeal. (Id at 3-6.) Further, the Department argued that Hyzy’s motion to intervene should be denied as he had not provided a pleading to support his motion in accordance with Federal Rule of Civil Procedure 24(c). (Id at 5-6.) In his reply, Hyzy argued that the Department was required to pay him for hearing delays even if he later withdrew those appeals, and thus withdrawing the appeals did not moot his case. (R. 17, Hyzy’s Reply at 3.) He also contested whether he had been paid enough for the delay on his fifth appeal. (Id at 4-6.) Hyzy acknowledged his failure to provide a Rule 24(c) pleading, but requested that the Court allow him to cure his inadvertent and good-faith error. (Id at 6-7.)

On April 1, 2016, the Jeffries class (“the Class”) filed its response to Hyzy’s motion to intervene through its original counsel. (R., Original Pis.’ Reply 18.) The Class argued that the Department’s response suggested an incorrect reading of the orders in the underlying Jeffries litigation. (Id at 4.) Under the Class’s interpretation, the Jeffries permanent injunction requires that the $100 penalty payment is due as soon as the Department has gone beyond the 90-day time limit, regardless of whether the appeal is withdrawn. (Id at 6.) The Class raised concerns that the Department may be encouraging applicants to withdraw their appeals without informing them of the Department’s policy. (Id) The Class requested that this Court enter and continue Hyzy’s motion and require the Department to submit a report detailing those cases in which appeals were not decided within 90 days, those cases in which appeals were withdrawn after the 90-day period, and those cases in which the penalty payments were issued in accordance with the Jeffries permanent injunction. (Id at 5-6.)

On May 26, 2016, this Court issued an order granting Hyzy leave to file a Rule 24(c) pleading setting forth any claims on which Hyzy seeks to proceed. (R. 21, Order at 1-2.) The Court also required the Department and the Class to respond, including information regarding the Department’s current policies governing hearing delays. (Id at 2.)

Hyzy, still proceeding pro se, filed his proposed pleading on June 16, 2016. (R. 22, Compl. in Intervention.) Although it is at times unclear, Hyzy’s proposed complaint seeks relief on several grounds. First, Hyzy seeks relief under 42 U.S.C. § 1983

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Bluebook (online)
317 F.R.D. 543, 2016 U.S. Dist. LEXIS 135089, 2016 WL 5720473, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jeffries-v-swank-ilnd-2016.