NAEGLE v. DEPARTMENT OF SOCIAL SERVICES, ETC.

Civ. No. 81-3042.

525 F.Supp. 1030 (1981)

Violet NAEGLE and Milton Jensen, On Behalf of Themselves and All Others Similarly Situated, Plaintiffs, v. The DEPARTMENT OF SOCIAL SERVICES OF the STATE OF SOUTH DAKOTA; James Ellenbecker, Secretary of the South Dakota Department of Social Services; Richard S. Schweiker, Secretary of the United States Department of Health and Human Services and the Agents, Employees, and Successors of the above, Defendants.

United States District Court, D. South Dakota, C. D.

October 16, 1981.


Attorney(s) appearing for the Case

William D. Froke, East River Legal Services, Brookings, S.D., for plaintiffs.

Janice C. Godtland, Asst. Atty. Gen., Dept. of Social Services, Pierre, S.D., for defendants.


MEMORANDUM OPINION

DONALD J. PORTER, District Judge.

CASE SUMMARY

Plaintiffs challenged the validity of the method used to determine income eligibility under the 1981 South Dakota Energy Assistance Program. Having determined that the state plan does, in this respect, violate federal regulations and the requirements of due process and that plaintiffs' suit should be certified as a class action, the relief sought by plaintiffs will be granted.

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