Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

JOHNSON v. ROBINSON

December 28, 1967

GWENDOLYN JOHNSON, INDIVIDUALLY AND ON BEHALF OF HER MINOR CHILD, CHARLES JAMES JOHNSON; AND SUSAN BREWER, ALL INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
WILLIAM H. ROBINSON, DIRECTOR, COOK COUNTY DEPARTMENT OF PUBLIC AID; HAROLD O. SWANK, DIRECTOR, ILLINOIS DEPARTMENT OF PUBLIC AID; WILLIAM G. CLARK, ATTORNEY GENERAL OF THE STATE OF ILLINOIS, DEFENDANTS.



Before, Fairchild, Circuit Judge, and Lynch and Napoli, District Judges.

The opinion of the court was delivered by: Fairchild, Circuit Judge.

  This is an action for injunction against enforcement of certain provisions of the Illinois Statutes upon the ground of their unconstitutionality. The challenged provisions require an applicant for certain welfare aids to have continuously resided for one whole year in this state immediately preceding the application for aid.*fn1

Plaintiff Gwendolyn Johnson is a citizen of the United States and a resident of Chicago, Illinois, whose application for aid to dependent children or general assistance has been denied because her present period of continuous residence in Illinois is less than one year. She sues individually, and on behalf of her two minor children, and all others similarly situated.

Plaintiff Susan Brewer, is a seventy-four year old widow who is citizen of the United States and a resident of Evanston, Illinois, whose application for aid to the aged or for general assistance had been denied before commencement of this action because her present period of continuous residence in Illinois is less than a year. She sues individually and on behalf of all others similarly situated.

Defendants are state and county officers charged with administration of the statutes in question, as well as the attorney general of Illinois.

Plaintiffs moved for a preliminary injunction. Each defendant moved to dismiss. A hearing was held on these motions on December 11, 1967.

On the basis of the present record, and for the purpose of the motion for preliminary injunction, we find the facts and reach the conclusions stated herein.

Prior to 1964 Mrs. Johnson lived with her aunt and uncle in Georgia. After they moved to Chicago she went to college in Arkansas, but visited frequently in Chicago. After she married she moved to New Jersey with her husband.

On April 10, 1967, she, her husband, and child moved to Chicago so her husband could seek work and she could be near her aunt and uncle. Near the end of April her husband deserted her. Since living in Illinois Mrs. Johnson, who has recently given birth to her second child, has stayed in the crowded apartment of her aunt and uncle. Mrs. Johnson is without financial resources and has been living by the generosity of her aunt and uncle. She asserts that she is eligible for aid to dependent children as well as general assistance except for the residence requirement, and the record does not show her otherwise ineligible.

Susan Brewer was born in Ireland on June 22, 1893. She came to Evanston, Illinois, in 1922 where she acquired American citizenship. She has resided in Evanston since her arrival in the United States except for the period of November, 1964 to August, 1967, when she lived with her daughter in California. When her daughter moved back to Illinois, Susan Brewer returned to Evanston. The only source of income is a small monthly social security check.*fn2 She asserts that she is eligible for aid to the aged, except for the residence requirement, and the record does not show her otherwise ineligible.

Motions to Dismiss.

Defendant Robinson, director of Cook County department of public aid, moved to dismiss the action as to him because he was only an agent of defendant Swank who is director of public aid for the state. Since defendant Robinson directs all categorical aid in Cook County and all general assistance in the city of Chicago, he is properly a party to this suit.

Defendants Swank and Clark move to dismiss as to themselves on several grounds. First, they contend that the Civil Rights Act*fn3 does not grant jurisdiction in cases involving alleged denials of the equal protection clause of the Fourteenth amendment. They cite Ortega v. Ragen.*fn4 That decision is distinguishable on its facts. There are a number of decisions recognizing a claim of denial of equal protection under sec. 1983, in circumstances comparable to the present ones.*fn5

Second, defendants contend that plaintiffs have failed to exhaust administrative remedies. While ch. 23 § 11-8*fn6 does allow administrative review from adverse decisions concerning categorical aid and while ch. 23, § 11-8.7*fn7 does provide for judicial review, such review, even if it culminated in setting aside the residence requirement, which defendants do not ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.