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McCLELLAND v. MASSINGA

No. 85-1138.

786 F.2d 1205 (1986)

Clifton J. McCLELLAND, June McClelland, Joseph Pringle, Robert Jones, Lillie Jones, David E. Alloway, Appellees, v. Ruth MASSINGA, in her official capacity as Secretary of the Department of Human Resources of the State of Maryland, and Louis Goldstein, in his official capacity as Comptroller of the Treasury of the State of Maryland, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided March 18, 1986.

Rehearing and Rehearing Denied April 17, 1986.

Attorney(s) appearing for the Case

Diana G. Motz, Asst. Atty. Gen., Baltimore, Md., (Stephen H. Sachs, Atty. Gen., Joseph B. Spillman, Asst. Atty. Gen., Baltimore, Md., Andrew H. Baida, Baltimore, Md., on brief), for appellants.

Paula M. Carmody (Andrea G. Green, UAW-GM Legal Services Plan, Baltimore, Md., on brief), for appellees.

Before RUSSELL and MURNAGHAN, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

Rehearing and Rehearing In Banc Denied April 17, 1986.

DONALD RUSSELL, Circuit Judge:

The plaintiffs/appellees in this 42 U.S.C. § 1983 action seek a declaratory judgment finding the Maryland Statutory Tax Refund Interception Program (TRIP)1 unconstitutional and enjoining its enforcement. Four of the plaintiffs are fathers who, obligated under valid current Maryland court decrees for child support, are allegedly delinquent...

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