Marilyn v. State

36 Ill. Ct. Cl. 306, 1983 Ill. Ct. Cl. LEXIS 45
CourtCourt of Claims of Illinois
DecidedOctober 5, 1983
DocketNos. 83-CC-2586, 83-CC-2603, 83-CC-2701, 83-CC-2702, 84-CC-0113, 84-CC-0368, 84-CC-0425 cons. & not cons.
StatusPublished

This text of 36 Ill. Ct. Cl. 306 (Marilyn v. State) is published on Counsel Stack Legal Research, covering Court of Claims of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marilyn v. State, 36 Ill. Ct. Cl. 306, 1983 Ill. Ct. Cl. LEXIS 45 (Ill. Super. Ct. 1983).

Opinion

Roe, C.J.

This cause coming on to be heard on the joint stipulation of the parties hereto, the Court being fully advised in the premises, finds;

That the multiple-party group of Claimants listed herein consists of 540 Claimants seeking individual judgments of varying amounts. These claims, in the aggregate amount of five hundred ninety thousand six hundred thirty-four dollars and fifty-two cents ($590,634.52), are for recovery of benefits to which the named Claimants were entitled between April 1980, and March 17, 1982, but did not receive, under the Aid to Families with Dependent Children (AFDC) program of the Illinois Department of Public Aid. The joint stipulation is preceded by and predicated upon a U.S. district court decision in litigation entitled Simpson v. Miller, 81 C 2985. This expenditure is authorized in article IV of the Public Aid Code (Ill. Rev. Stat. 1981, ch. 23, par. 4 — 1 et seq.).

The amount due would have been paid in the regular course of business had the obligation been acknowledged by Respondent at the appropriate time. Such acknowledgment was not then possible because of protracted Federal court litigation, and Claimants could not be timely notified of their right to file claims until recently. By then, the appropriation of funds with which the Department of Public Aid would ordinarily pay such claims had lapsed.

The sole reason said obligation was not previously paid is the present nonavailability of State funds appropriated to the Department for the period in which this debt was incurred. Had this claim been acknowledged while such funds were available, it would normally have been paid extrajudicially. This is confirmed by the written report of the Department, a copy of which is attached to the joint stipulation.

It is therefore ordered that the multiple-party Claimants, Marilyn Harris et al., be and are hereby each awarded the sums specified in the parties’ joint stipulation and exhibit R-l thereto, for an aggregate amount of five hundred ninety thousand six hundred thirty-four dollars and fifty-two cents ($590,634.52).

APPENDIX-EXHIBIT R-l

Harris v. IDPA (Second Amended Complaint)

Adams, Barbara $ 150.00

Adams, Dana 640.00

Alessio, Elaine 210.00

Alfaro, Charlotte 1,174.00

Almore, Thelma 810.00

Alvarez, Betty 275.00

Alwerdt, Brenda 140.00

Ammons, Barbara 123.00

Anderson, Clara 120.00

Anderson, Gloria 300.00

Anderson, Linda 1,612.50

Anderson, Patricia 1,900.00

Applewhite, Lorraine 2,700.00

Ash, Pamela S. 340.59

Ashford, Brenda 420.00

Bahl, Sharon 1,215.00

Bailey, Erma 322.50

Baines, Cynthia 780.00

Barker, Maryanne 720.00

Bartley, Patricia 1,404.00

“Baxter, Eva (Oliver) 115.00 — filed 7/29/83 as Oliver, Edna Baxter, No. 84-CC-364, a separate claim

Beasley, Sharon 920.00

Beck, Sandra R. 2,100.00

Bell, Debra E. 387.00

Benson, Dorothy 3,200.00

Benton, Evey 1,460.00

Benton, Verna 3,070.00

Berger, Mary 3,230.00

Berkley, Deborah Jean 50.00

Bernabei, Barbara 293.50

Berry, Sandra 540.00

Berry, Valerie 1,500.00

Berry, Vicky 1,020.00

Bennett, Janette 465.00

Bickert, Cynthia 428.00

Billingsley, Brenda 105.00

“Bingham, Rochelle 1,020.00 — filed 5/10/83 as No. 83-CC-2333, a separate claim

Birdsley, Cathryn 360.00

Birge, Sherry 1,000.00

Birmingham, Connie 1,440.00

Bizzle, Victoria 338.00

Blair, Gloria 1,200.00

Blakey, Rebecca 1,075.00

Blevins, Yolanda 150.00

Blount, Mary Ann T. 995.00

Bobbitt, Arlene 420.00

Bonds, Essie 210.00

Bones, Janis 1,020.00

Bonney, Janet 1,050.00

Booker, Elizabeth 1,700.00

Bradford, Genola 1,120.00

Bradley, Beverly 2,160.00

Brandon, Thelma 1,920.00

Brantley, Gloria 267.00

Brittnum, Sadie 5,370.00

Brock, Ann 1,140.00

Brooks, Diane 1,780.00

Brooks, Minnie 840.00

Brown, Antionette 362.50

Brown, Brenda 313.00

Brown, Carolyn 435.00

Brown, Cassandra 2,240.00

Brown, Jessie Lee 2,200.00

Brown, Juanita 179.00

*Bruchert, Mary J. 1,210.00 — filed 5/20/83 as No. 83-CC-2414, a separate claim

Burnett, Charletta 366.50

Butler, Olivia 2,709.00

Byrd, Earnestine 135.00

Cadenas, Lynne 310.00

Camarillo, Guandalupe 360.00

Carter, Minnie 1,920.00

Castillo, Sylvia 1,000.00

Castillo, Tonette 1,040.00

Chambers, Ruthye 160.00

Chandler, Gwendolyn 1,800.00

Chatman, Renee 2,226.66

Chavis, Rosemarie 1,204.00

Childress, Barbara 2,520.00

Childs, Dorothy 1,490.00

Churchill, Phyllis 980.00

Clark, Marcia 140.00

Clinton, Willie M. 4,644.00

Close, Patricia A. 2,793.00

Coleman, Elizabeth 600.00

Coleman, Mabelene 1,400.00

Collins, Cuppie 850.00

Combs, Yolanda 420.00

“Compton, Irma J. 650.00 — filed 5/9/83 as No. 83-CC-2328, a separate claim

Connor, Jennifer 600.00 — 83-CC-2549

Connors, Donna 4,500.00 — 83-CC-2464

Cooper, Rosetta 2,451.00

Cooper, Theresa 1,935.00

Copenny, Lavern (Bridges) 200.00

Corral, Maria 840.00

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Bluebook (online)
36 Ill. Ct. Cl. 306, 1983 Ill. Ct. Cl. LEXIS 45, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marilyn-v-state-ilclaimsct-1983.