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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

ADVERTISEMENT