White v. Roughton

530 F.2d 750
Court of Appeals for the Seventh Circuit·Decided February 27, 1976·No. No. 75-1195·Published·Cited by 72 cases

Opinion

PER CURIAM.

This appeal is from the denial of a preliminary injunction to prevent the termination of general assistance grants1 to plaintiffs Leon White and El-ester Walker and to require defendants to provide general assistance to plaintiff Beatrice Silagy. The actions of the defendants in administering township general assistance grants are alleged to violate plaintiffs’ procedural due process rights under the Fourteenth Amendment.2 For the reasons stated below, the order of the district court denying a preliminary injunction is reversed and remanded with directions.

I.

Defendant C. Vaughn Roughton is supervisor of the town of the City of Champaign Township. In this capacity he administers the general township assistance program which provides locally collected taxes for distribution as welfare to needy township residents. (T10-11);3 Ill.Rev.Stat. ch. 23, § 6-1 et seq.

Plaintiffs claim that defendant Rough-ton (1) operates the general assistance welfare program without published standards for eligibility or the amount of aid given; (2) terminates general assistance without giving the recipient notice and a hearing prior to that termination; (3) denies applications for general assistance welfare without giving the applicant notice and a hearing after the denial of the application; (4) fails adequately to inform recipients and applicants of their right to appeal. Roughton terminated the assistance being received by plaintiffs White and Walker and denied the application for assistance of plaintiff Si-lagy.

Defendant Wesley M. Schwengel is Chairman of the Champaign County Board of Supervisors. He has assumed the responsibility of the County Board in receiving appeals from decisions of the township supervisors granting or denying general assistance (T18, 32); Ill.Rev. Stat., ch. 23, § 11-8. Plaintiffs allege that Schwengel, once having assumed the responsibility for appeals, has failed to establish a consistent and orderly appeal procedure.

Plaintiff White received general assistance in the form of “food orders” for five periods of one week each in 1974.4 He received his last allotment of assistance on October 8, 1974 (T21, 22). Subsequent to that, his assistance was terminated. He was given neither a written notice of his termination nor any explanation as to the reason for the termination.5 White was not informed of his right to appeal or provided with information as to how he might appeal.

Plaintiff Walker was provided assistance in the form of a food order for $14 on August 23, 1974. Defendant Rough-ton also paid $65 for Walker’s rent from October 1 to November 1, 1974. Subse[752] quent to that payment, Walker’s assistance was terminated without written notice and without informing him of his right to appeal.6 (T28, 88).

Plaintiff Silagy applied for township general assistance on at least three occasions in 1974. She was denied assistance but was never informed of the reasons supporting the rejection of her application nor informed of her right to appeal (T57-80).7

II.

In Goldberg v. Kelly, 397 U.S. 254, 90 5. Ct. 1011, 25 L.Ed.2d 287 (1970), the Supreme Court held that procedural due process requires that welfare recipients must be provided with adequate notice and an evidentiary hearing before benefits may be discontinued. 397 U.S. at 260-68, 90 S.Ct. at 1016, 25 L.Ed.2d at 295. In Goldberg, the plaintiffs alleged that certain New York State and New York City officials, who administered federal and state welfare programs, had terminated or were about to terminate assistance without prior notice and a hearing. 397 U.S. at 255-56, 90 S.Ct. at 1012, 25 L.Ed.2d at 289. In discussing the constitutional rights of welfare recipients, the Court noted:

“. . termination of aid pending resolution of a controversy over eligibility may deprive an eligible recipient of the very means by which to live while he waits. Since he lacks independent resources, his situation becomes immediately desperate. His need to concentrate upon finding the means for daily subsistence, in turn, adversely affects his ability to seek redress from the welfare bureaucracy.” 397 U.S. at 264, 90 S.Ct. at 1018, 25 L.Ed.2d at 297.

The Court further reasoned that:

“ ‘The fundamental requisite of due process of law is the opportunity to be heard.’ . . . The hearing must be ‘at a meaningful time and in a meaningful manner.’ ... In the present context these principles require that a recipient have timely and adequate notice detailing the reasons for a proposed termination, and an effective opportunity to defend by confronting any adverse witnesses and by presenting his own arguments and evidence orally.” 397 U.S. at 267-68, 90 S.Ct. at 1020, 25 L.Ed.2d at 299.

The Goldberg requirements have been applied in numerous cases similar to the one now before the court. In Mothers’ & Children’s Rights Organization v. Sterrett, 467 F.2d 797, 798 (7th Cir. 1972), this Court affirmed a permanent injunction, restraining Indiana’s Administrator of Public Welfare and Welfare Board members from terminating or reducing Public Assistance Benefits unless the recipients were given a prior hearing.

Similarly, in Brooks v. Center Township, 485 F.2d 383 (7th Cir. 1973), cert. denied, 415 U.S. 911, 94 S.Ct. 1455, 39 L.Ed.2d 496 (1974), the plaintiff began receiving rent and food assistance from the defendants in February 1969 pursuant to the Indiana “poor relief” statute. Ind.Code § 12—2—1—1 et seq. (1973). In May 1970, his rent and in February 1971 his food benefits were terminated without prior notice or hearing or notice of his right to an administrative appeal. Citing Goldberg, the Court held the termination to be unconstitutional for failure to provide a pretermination hearing, an opportunity for plaintiff to be heard and notice of the reasons for termination. 485 F.2d 385, 386. Accord Freitag v. Carter, 489 F.2d 1377, 1383-84 (7th Cir. 1973). The Court specifically dispelled the notion that any lesser due process standards applied to state as opposed to federal programs:

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White v. Roughton, 530 F.2d 750 (7th Cir. 1976).

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