University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Doe v. Miller IM-IL-0005
Docket / Court 1:83-cv-03004 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Immigration
Case Summary
In 1983, a group of children who were legal U.S. citizens with immigrant parents filed suit in the U.S. District Court for the Northern District of Illinois, challenging their ineligibility for food stamps under the federal Food Stamp Program because they lived with their alien parents.

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In 1983, a group of children who were legal U.S. citizens with immigrant parents filed suit in the U.S. District Court for the Northern District of Illinois, challenging their ineligibility for food stamps under the federal Food Stamp Program because they lived with their alien parents.

The District Court granted a preliminary injunction and plaintiffs moved for class certification. They proposed two separate classes, defined as follows:

(1) All persons in Illinois, who, since July 1, 1982, have applied or are applying for, or have had or are having their eligibility redetermined for, food stamps under the Food Stamp Program administered by the Illinois Department of Public Aid, and who were or are at the time of their application or eligibility redetermination: (a) eligible for food stamps; and (b) living with one or more aliens who were or are ineligible for food stamps solely because of their immigration status; (2) All aliens in Illinois who, since, July 1, 1982, were or are living and eating with persons who are eligible to receive food stamps and who have applied or will apply for food stamps.

On October 25, 1983, the District Court (George N. Leighton) denied class certification, citing a lack of evidence as to the number of people who would fall under the class descriptions and broad definition of the class descriptions. The Judge, however, indicated that he would reconsider the motion if evidence of the numerosity requirement was presented and the classes were redefined. Joe v. Miller, 573 F.Supp. 461 (N.D. Illinois 1983).

Erica Woodruff - 08/09/2007


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Issues and Causes of Action
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Issues
General
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Immigration
Constitutional rights
Family
Plaintiff Type
Private Plaintiff
Causes of Action
Defendant(s) Illinois Department of Public Aid
Plaintiff Description A group of U.S. citizens who had immigrant parents and were denied food stamps by the Illinois Department of Public Aid becasue they were living with their alien parents who were ineligible for foods stamps due to their immigration status.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted No
Prevailing Party Unknown
Public Int. Lawyer Yes
Nature of Relief Unknown
Source of Relief Unknown
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing No
Additional Resources
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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)
1:83−cv−03004 (N.D. Ill.) 10/13/1998
IM-IL-0005-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Opinion 10/25/1983 (573 F.Supp. 461) (N.D. Ill.)
IM-IL-0005-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Leighton, George Neves (N.D. Ill.)
IM-IL-0005-0001
Leinenweber, Harry Daniel (N.D. Ill.)
IM-IL-0005-9000
Monitors/Masters None on record
Plaintiff's Lawyers Beckman, Vincent H. III (Illinois)
IM-IL-0005-9000
Bouman, John Mark (Illinois)
IM-IL-0005-9000
Defendant's Lawyers Peterson, David E. (Illinois)
IM-IL-0005-9000
Other Lawyers None on record

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