ILNews

COA: Plaintiff class in FSSA suit too broad

Back to TopE-mailPrintBookmark and Share

The Indiana Court of Appeals affirmed the denial of certification of a proposed class suing the Family and Social Services Administration because plaintiffs believed the modernized public benefits program system has a disparate impact on people with disabilities. Even though the contract with the company providing the system was terminated earlier this month, the parties don't claim this action alters their appeal.

In Sheila Perdue, et al., v. Anne Waltermann Murphy, in her official capacity as Secretary of the Indiana Family and Social Services Administration, et al., No. 49A02-0901-CV-8, the appellate court determined the current class was too broad but remanded for the trial court to determine whether a more specific class to sustain the Americans with Disabilities Act action can be defined.

The Indiana Family and Social Services Administration contracted with IBM in March 2007 to provide welfare programs in the state. The process for obtaining food stamps, Medicaid, and other services changed; under the new system, clients weren't assigned individual caseworkers and electronic files were used instead of hard copies. The determination of eligibility under this new system also changed.

Sheila Perdue was enrolled in the food stamp and Medicaid for Disabled programs, but after IBM took over, she was denied food stamps and Medicaid under the new requirements. Perdue and others filed suit against the FSSA and represent three classes and one subclass claiming violations of the ADA and Rehabilitation Act of 1973. All were certified except Class B, the one at issue in the instant case; the trial court denied certifying the class, which led to this interlocutory appeal.

The trial court deemed the instant action as a series of individual ADA/RA actions that would require mini-trials and individualized inquires before class membership could be established. The Court of Appeals agreed, citing the recent decision in Hohider v. United Parcel Service, Inc., 574 F.3d 169, 200 (3d Cir. 2009), in which the 3rd Circuit Court of Appeals held the individualized inquiries necessary to determine ADA eligibility rendered class certification improper, even if plaintiffs were only seeking injunctive and declaratory relief pursuant to Federal Rule of Civil Procedure 23. The plaintiffs need to be evaluated to see if they were "qualified" as required under the ADA.

Class B names no unifying or limiting conditions suffered or accommodations/modifications sought to allow classwide evaluation of whether they are "qualified" under the ADA such that discrimination against them on the basis of their disabilities is unlawful, wrote Judge Cale Bradford.

"Without such limiting conditions, we conclude, pursuant to Hohider, that the necessary inquiries to establish the alleged discrimination in the instant case are too individualized and divergent to warrant certification," he wrote.

However, it may be possible to define a more limited class of people challenging the FSSA's policy under the ADA that would be appropriate for class certification. A class action can't be maintained without a properly defined class, but a court can redefine the class in order to sustain the lawsuit, wrote Judge Bradford.

The state announced Oct. 15 that it terminated the contract with IBM for the delivery of welfare services because the company didn't make satisfactory progress to improve services to applicants and recipients under a plan to correct deficiencies.

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. @BryanJBrown, You are totally correct. I have no words, you nailed it.....

  2. You have not overstated the reality of the present situation. The government inquisitor in my case, who demanded that I, on the record, to choose between obedience to God's law or man's law, remains on the BLE, even an officer of the BLE, and was recently renewed in her contract for another four years. She has a long history in advancing LGBQT rights. http://www.realjock.com/article/1071 THINK WITH ME: What if a currently serving BLE officer or analogous court official (ie discplinary officer) asked an atheist to affirm the Existence, or demanded a transsexual to undergo a mental evaluation to probe his/her alleged mindcrime? That would end a career. The double standard is glaring, see the troubling question used to ban me for life from the Ind bar right here: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners (see page 8 of 21) Again, what if I had been a homosexual rights activist before law school rather than a prolife activist? A gay rights activist after law school admitted to the SCOTUS and Kansas since 1996, without discipline? A homosexual rights activist who had argued before half the federal appellate courts in the country? I am pretty certain that had I been that LGBQT activist, and not a pro-life activist, my passing of the Indiana bar exam would have rendered me an Indiana attorney .... rather than forever banished. So yes, there is a glaring double standard. And some are even beyond the reach of constitutional and statutory protections. I was.

  3. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  4. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  5. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

ADVERTISEMENT