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STONE v. HAMILTON

No. 02-1476.

308 F.3d 751 (2002)

Scott STONE and Marian Redell, on their own behalf and on behalf of those similarly situated, Plaintiffs-Appellants, v. John M. HAMILTON, in his official capacity as Secretary of the Indiana Family and Social Services Administration, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 18, 2002.

Attorney(s) appearing for the Case

Jacquelyn E. Bowie Suess (argued), Indiana Civil Liberties Union, Indianapolis, IN, for Plaintiffs-Appellants.

Laureanne Nordstrom (argued), Office of Attorney General, Indianapolis, IN, for Defendant-Appellee.

Before BAUER, ROVNER, and EVANS, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

Prior to 1996, the federal Food Stamp Act prohibited a state from collecting a food stamp overissuance that was due to its own administrative error ("agency error overissuance") by involuntarily reducing a food stamp recipient's food stamp allotment. States were permitted, but not required, to recoup overissuances by other means. In 1996, Congress amended the statute to require states to collect agency error overissuances by involuntary...

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