University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Doe v. Wilson IM-CA-0028
Docket / Court No. C 97-2427 SI ( N.D. Cal. )
State/Territory California
Case Type(s) Immigration
Attorney Organization MALDEF
Case Summary
On June 27, 1997, eight pregnant women filed a suit in the U.S. District Court for the Northern District of California on behalf of approximately 70,000 indigent, immigrant women residing in California. Plaintiffs challenged a provision of the Personal Responsibility and Work Opportunity ... read more >
On June 27, 1997, eight pregnant women filed a suit in the U.S. District Court for the Northern District of California on behalf of approximately 70,000 indigent, immigrant women residing in California. Plaintiffs challenged a provision of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ("Welfare Reform Act"). The Act made undocumented immigrants ineligible for state funded public benefits, except for emergency care, certain immunizations, and treatment of communicable diseases. Section 411(d) of the Act gave states the right to override the Act by enacting state legislation stating a clear intent to do so. Plaintiffs challenged Section 411(d) of the Act under the premise that California, which already had a separate law that provided health care to undocumented aliens, would be forced to restore any benefits preempted by the Act. Plaintiffs claimed that this interfered with the state's right to adjudicate its own legislative process.

The defendants moved to dismiss the suit for lack of standing. The District Court (Judge Susan Illston) granted the motion and dismissed the case. Doe v. Wilson, 1997 WL 811778 (N.D Cal. 1997). Plaintiffs appealed.

For reasons that are not apparent from the docket, the appeal was voluntarily dismissed by a stipulation of the parties in August, 1999. This is likely related to mediation of several consolidated challenges to California's Proposition 187, which would have denied undocumented immigrants a wide range of state-funded benefits. In 1999, the parties reached an agreement to maintain an injunction against enforcement of those restrictions.

Elizabeth Daligga - 07/02/2012


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Constitutional Clause
Federalism
General
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Immigration
Constitutional rights
Undocumented immigrants - state and local regulation
Plaintiff Type
Private Plaintiff
Causes of Action State law
42 U.S.C. ยง 1983
Defendant(s) Governor Pete Wilson
Plaintiff Description Eight pregnant women file complaint on behalf of 70,000 indigent, immigrant women residing in California to become eligible for prenatal care services.
Indexed Lawyer Organizations MALDEF
Class action status sought Yes
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 1999
Case Ongoing No
Additional Resources
click to show/hide detail
Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
97-CV-02427-SI (N.D. Cal.) 09/02/1999
IM-CA-0028-9000 PDF | Detail
General Documents
Opinion 12/16/1997 (1997 WL 811788) (N.D. Cal.)
IM-CA-0028-0001 PDF | WESTLAW | Detail
Judges Illston, Susan Yvonne (N.D. Cal.)
IM-CA-0028-0001 | IM-CA-0028-9000
Monitors/Masters None on record
Plaintiff's Lawyers Affeldt, John T. (California)
IM-CA-0028-9000
Andrade, Vibiana (California)
IM-CA-0028-9000
Argueta, Sylvia (California)
IM-CA-0028-9000
Fajardo, Richard P. (California)
IM-CA-0028-9000
Fleisher, Steven M (California)
IM-CA-0028-9000
Joaquin, Linton (California)
IM-CA-0028-9000
Saenz, Thomas A. (California)
IM-CA-0028-9000
Savage, Mark Randall (California)
IM-CA-0028-9000
Vera, Yolanda (California)
IM-CA-0028-9000
Defendant's Lawyers Anderson, David J (District of Columbia)
IM-CA-0028-9000
Cole, Donald P. (California)
IM-CA-0028-9000
Holland, Charlton G. III (California)
IM-CA-0028-9000
Hunger, Frank W. (District of Columbia)
IM-CA-0028-9000
Lieber, Sheila M. (District of Columbia)
IM-CA-0028-9000
Lockyer, Bill (California)
IM-CA-0028-9000
Mueller, Robert S. III (California)
IM-CA-0028-9000
Robbins, Peter (District of Columbia)
IM-CA-0028-9000
Sugiyama, John Hideki (California)
IM-CA-0028-9000
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -