Williams v. Page

60 F.R.D. 29, 17 Fed. R. Serv. 2d 1576, 1973 U.S. Dist. LEXIS 12985
CourtDistrict Court, N.D. Illinois
DecidedJune 26, 1973
DocketNo. 69 C 1297
StatusPublished
Cited by7 cases

This text of 60 F.R.D. 29 (Williams v. Page) 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
Williams v. Page, 60 F.R.D. 29, 17 Fed. R. Serv. 2d 1576, 1973 U.S. Dist. LEXIS 12985 (N.D. Ill. 1973).

Opinion

MEMORANDUM OPINION AND ORDER

BAUER, District Judge.

This cause comes on the defendants’ motion for a determination of whether this cause can be maintained as a class action.

This is an action for declaratory judgment pursuant to Title 28, U.S.C. §§ 2201 and 2202 and to redress the alleged deprivation of the plaintiff’s civil rights as guaranteed by the Fourteenth Amendment to the United States Constitution and protected by 42 U.S.C. § 1983 and 28 U.S.C. § 1343(3), (4).

Plaintiffs, at the time of the filing of this action, were a group of indigent high school and elementary school students who sued on their own behalf and on behalf of all others similarly situated. The members of the class are children or adults in families receiving grants under the Illinois Aid to Families with Dependent Children Program who are graduating from elementary schools, upper grade centers and high schools.1

[31]*31Defendants include the Illinois State Superintendent of Public Instruction, various Chicago school officials, the Illinois Director of Public Aid, and the Cook County Director of Public Aid.2

The complaint, in essence, charges the defendants with violating the plaintiffs’ Fourteenth Amendment rights by maintaining a scheme whereby exercise of a protected constitutional right is made extremely onerous for the poor and relatively easy for the wealthy. Specifically, it is claimed that school sponsored or sanctioned social events and other graduation activities are not available to the plaintiffs on equal terms because they are indigent;

The named plaintiffs in the complaint allege, inter alia, the following facts:

1. Plaintiffs are a class of poor children who are attending and graduating from various elementary and secondary public schools in the city of Chicago. In order to participate in school-sponsored or sanctioned graduation activities, the public school requires children to pay certain fixed fees and expenses.3
[32]*322. Plaintiffs are members of families subsisting on public assistance payments from the Illinois and Cook County Departments of Public Aid. Neither they nor their families have any money or resources with which to pay the required fees and expenses. No provision is made by the public schools for those children who are unable to pay.
3. The Illinois Department of Public Aid (“IDPA”) is authorized to pay plaintiffs’ required school fees and expenses by Section 1017.1 of the IDPA Categorical Assistance Manual (see Count II, Paragraph 8 of the complaint). When plaintiffs, individually and through the Chicago Welfare Rights Organization, requested the necessary monies from their caseworkers at the Cook County Department of Public Aid (“CCDPA”) they were denied the needed assistance.
4. Plaintiffs, through their protective association, the Chicago Welfare Rights Organization (“CWRO”) attempted to inform defendants and the public of the problem they faced, and in particular, attempted to persuade defendants Daniel and Swank through letters, conferences, and informal picketing, to grant the needed assistance pursuant to Section 1017.1 (see Exhibits “F”, “G”, “H”, and “I” of the complaint) .
5. The response of IDPA as interpreted by defendant Daniel was to authorize payment of up to $8.25 for rental of a cap and gown as clothing in lieu thereof. This was grossly inadequate to meet the various fees and expenses required by the public schools. Plaintiffs’ defenseless children suffering from the disabilities of being (1) poverty striken, (2) children and (3) Negro have little weight in the political arena. The aforementioned activities by plaintiffs’ parents exhausted their political potential for redress of their grievance. Exhaustion of administrative remedies would be futile and legislative relief is not available. The named plaintiffs were forced to pay the necessary fees and expenses by taking money from other budgeted items such as food, clothing, or shelter, whereby their families were deprived of basic necessities of life.
6. Plaintiffs contend these school policies and IDPA statewide regulation deprives them of due process and equal protection of the laws guaranteed to them by the Fourteenth Amendment to the United States Constitution.

The plaintiffs ask this Court to declare unconstitutional both the policies of defendant school officials requiring children of indigent families to pay fees and expenses in order to participate in graduation activities and the operation of Section 1017.1 as applied to the plaintiffs. In addition they ask the Court to grant preliminary and injunctive relief as well as damages and restitution.

The named plaintiffs, in Paragraph 7 of the instant complaint, allege the following class action:

“7. Plaintiffs bring this class action on their own behalf and on behalf of all other persons similarly: situated pursuant to Rule 23(a), (b)(2), and (b)(3) of the Federal Rules of Civil Procedure. The members of the class similarly situated are children or adults in families receiving grants under the Illinois Aid to Families with Dependent Children program who are graduating from elementary schools, upper grade centers and high schools. All members of the class are residents of the State of Illinois. The members of this class are so numerous as [33]*33to make joinder impracticable; there are questions of law and fact common to the class; the claims representative of the parties are typical of the claims of the class; the representative parties will fairly and adequately protect the interests of the class; and the defendants have acted on grounds generally applicable to the class, thereby making appropriate final injunctive relief and corresponding declaratory relief with respect to the class as a whole.”

The defendants, in support of their motion to determine whether a class can be maintained, contend:

1. Plaintiffs lack the standing necessary to bring this suit as a class action.
2. No common question of law or fact predominates.
3. The class does not meet the requirements of Rule 23(a)(2) and Rule 23(b)(3)(D).

I. REQUIREMENTS FOR THE MAINTENANCE OF A CLASS ACTION.

In order for a class action to be the proper mechanism for adjudicating a controversy, the following requirements of Rule 23(a) must all be satisfied:

1. The class must be so numerous that joinder of all members would be impracticable.
2. There must be questions of law or fact common to the class.
3. The claims or defenses of the representative parties must be typical of the claims or defenses of the class.
4. The representative parties must fairly and adequately protect the interests of the class.

In addition one of the provisions of Rule 23(b) must be satisfied.

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Cite This Page — Counsel Stack

Bluebook (online)
60 F.R.D. 29, 17 Fed. R. Serv. 2d 1576, 1973 U.S. Dist. LEXIS 12985, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-page-ilnd-1973.