ROE v. ANDERSON

No. 97-16326.

134 F.3d 1400 (1998)

Brenda ROE and Anna Doe, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. Eloise ANDERSON, Director of the California Department of Social Services; California Department of Social Services; Pete Wilson, Governor of the State of California; Craig Brown, Director of the California Department of Finance, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided January 28, 1998.


Attorney(s) appearing for the Case

Theodore Garelis, Deputy Attorney General, Sacramento, California, for defendants-appellants.

Mark Rosenbaum and David Schwartz, ACLU of Southern California, Martha Davis, NOW Legal Defense & Education Fund, Clare Pastore, Western Center on Law & Poverty, Inc., for plaintiffs-appellees.

Before: FLETCHER and T.G. NELSON, Circuit Judges, and WHALEY, District Judge.


FLETCHER, Circuit Judge:

The State of California appeals the grant of a preliminary injunction to Brenda Roe, Anna Doe, and a certified class of all others similarly situated, who brought an equal protection claim under 42 U.S.C. § 1983 to prevent California from implementing Welfare and Institutions Code § 11450.03. That statute limits benefits to new residents in California for their first year of residency to the amount that they received under the Aid...

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