Smyth v. Carter

168 F.R.D. 28, 1996 U.S. Dist. LEXIS 8941, 1996 WL 360600
CourtDistrict Court, W.D. Virginia
DecidedJune 25, 1996
DocketCivil Action No. 96-0089-H
StatusPublished
Cited by4 cases

This text of 168 F.R.D. 28 (Smyth v. Carter) is published on Counsel Stack Legal Research, covering District Court, W.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smyth v. Carter, 168 F.R.D. 28, 1996 U.S. Dist. LEXIS 8941, 1996 WL 360600 (W.D. Va. 1996).

Opinion

MEMORANDUM OPINION

MICHAEL, Senior District Judge.

Plaintiffs Victoria Smyth, Patricia Montgomery, Angela Smyth (Victoria’s child), and Casey Montgomery (Patricia’s child)1 are re[30]*30cipients of Aid to Families with Dependent Children (“AFDC”). Defendant is the Commissioner of the Virginia Department of Social Services (‘VDSS”), sued in his official capacity as administrator of Virginia’s AFDC program. Plaintiffs allege a violation of the Social Security Act, 42 U.S.C. § 601 et seq. (“SSA”), the federal regulations promulgated under the SSA, and the Equal Protection Clause of the Fourteenth Amendment.

Plaintiffs claim that VDSS has denied or reduced their AFDC benefits because the agency has deemed them “noncooperative” because they have not provided the agency with the name of their children’s father. According to plaintiffs, their failure to provide VDSS with the required paternity information is justified because they neither know nor can ascertain the identity of their children’s father.2 Plaintiffs argue that the SSA and its accompanying regulations require them only to provide information that they know or reasonably can obtain. Plaintiffs contend that so long as they engage in a diligent investigation and tell the VDSS everything they know in connection with paternity, they have fulfilled their obligation to cooperate with the agency to the extent required by federal law. Plaintiffs argue that VDSS cannot, consistent with SSA, deem them “noncooperative” based upon their failure to provide paternity information if they are unable to provide it. Further, plaintiffs maintain that even aside from the SSA, defendant violates federal law by distinguishing between women who know the name of their children’s father and those who do not. Because the latter qualify for public assistance while the former are denied benefits, plaintiffs discern unconstitutional discrimination against illegitimate children, in violation of the Equal Protection Clause.

Plaintiffs move the court for a preliminary injunction to enjoin defendant from denying benefits to AFDC applicants or recipients who neither know nor can ascertain paternity. Plaintiffs also ask the court to certify them as a class.

For the reasons stated below, plaintiffs’ motion for a preliminary injunction is granted, and plaintiffs’ motion for class certification is denied.

I.

Plaintiffs’ motion for a preliminary injunction is governed by the test set forth in Blackwelder Furniture Co. v. Seilig Manufacturing Co., 550 F.2d 189, 196 (4th Cir.1977), pursuant to which four factors must figure into the court’s analysis, the weight given to each depending on the strength of the other factors. First, the court must make a determination that plaintiff will suffer irreparable injury if he does not receive injunctive relief. Once this finding has been made, the court must assess the likelihood of harm to the defendant if the court issues an injunction against him and then balance this harm against the injury the plaintiff will suffer if the court denies his motion for injunctive relief. Subsequently, the court must establish -that the plaintiff is likely to succeed on the merits, or if the balance in the previous step clearly favors the plaintiff, the court need only satisfy itself that the plaintiff has raised substantial and serious questions on the merits. Finally, the court should consider whether public interest favors injunctive relief. Multi-Channel TV Cable Co. v. Charlottesville Quality Cable Operating Co., 22 F.3d 546, 551 (4th Cir.1994) (quoting Direx Israel Ltd. v. Breakthrough Medical Corp., 952 F.2d 802, 812-13 (4th Cir.1991)).

In this case, one need not search long to find irreparable injury to plaintiffs. They are poor enough to have qualified for public assistance. They rely upon AFDC benefits to sustain themselves. Most importantly, plaintiffs have children, who will suffer through no fault of their own without govern[31]*31ment aid. See Powell v. Austin, 428 F.Supp. 533, 535 (E.D.Va.1976) (citing Goldberg v. Kelly, 397 U.S. 254, 90 S.Ct. 1011, 25 L.Ed.2d 287 (1970)). Counsel for defendant candidly conceded that the present policy of VDSS would in fact deprive some children of aid from the AFDC program. Defendant undertakes to justify this adverse effect on some children by arguing some sort of “balancing test” by which the objectives of the agency might be accommodated, though admittedly at a cost to these children. As defendant argues, his new policy may very well assist VDSS in ultimately determining paternity in some cases where the AFDC applicants or recipients initially refuse to provide the agency with the information although it is in their possession. As discussed below, however, the intent of Congress in adopting the AFDC program was to provide some minimal assistance to children. That aid to children must be the polestar to which this court must look for its guidance, even if doing so may to some degree undercut the efforts of defendant in establishing paternity in some cases. While it is presently not certain how many children would be adversely affected by defendant’s policy, the best information presently available indicates more than a “de minimis” number. This analysis leads to the conclusion that these plaintiffs—and their children—will suffer irreparable injury.

The countervailing harm to defendant consists mainly of the financial and administrative burden VDSS would bear should a preliminary injunction issue. Despite defendant’s protestations to the contrary, the economic cost that would have to be incurred by defendant to comply with a preliminary injunction, although certainly not nonexistent, would not be unduly severe. A preliminary injunction is a temporary measure, and such burdens as may be imposed pursuant to it would be of limited duration. Moreover, little less than one year ago, before the policy of VDSS was changed, the agency in fact granted AFDC benefits to all otherwise eligible applicants who attested that they neither knew nor could reasonably ascertain paternity. Hence, the agency presumably is fully familiar with operating its program in this manner; the learning curve will not be steep. For purposes of a preliminary injunction, return to this policy will require not much more than promulgation of the reversal to the agency’s staff and, of course, disbursement of funds to otherwise qualified AFDC applicants or recipients. At the very least, the court doubts that an enormous number of staff hours and computer time will be expended to make the necessary adjustments. Defendant reminds the court that it will likely be unable to recover any funds paid over to plaintiffs, should he subsequently prevail on the merits. Just as plaintiffs’ poverty might effectively bar defendant from recouping the funds, so the Eleventh Amendment would probably preclude plaintiffs from recovering any benefits rightfully due them.

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Bluebook (online)
168 F.R.D. 28, 1996 U.S. Dist. LEXIS 8941, 1996 WL 360600, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smyth-v-carter-vawd-1996.