Case: Doe v. Miller

1:83-cv-03004 | U.S. District Court for the Northern District of Illinois

Filed Date: May 16, 1983

Clearinghouse coding complete

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.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…

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).

Summary Authors

Erica Woodruff (8/9/2007)

People


Judge(s)

Leighton, George Neves (Illinois)

Leinenweber, Harry Daniel (Illinois)

Attorney for Plaintiff

Beckman, Vincent H. III (Illinois)

Bouman, John Mark (Illinois)

Attorney for Defendant

Peterson, David E. (Illinois)

Judge(s)

Leighton, George Neves (Illinois)

Leinenweber, Harry Daniel (Illinois)

Attorney for Defendant

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Documents in the Clearinghouse

Document

1:83-cv-03004

Docket

Doe v. Coler

Oct. 13, 1998

Oct. 13, 1998

Docket

1:83-cv-03004

Opinion

Oct. 25, 1983

Oct. 25, 1983

Order/Opinion

573 F.Supp. 573

Docket

Last updated March 27, 2024, 3:17 a.m.

ECF Number Description Date Link Date / Link
24

RASSIGNMENT ORDER of 03/30/98: Case reassigned to Hon. Harry D. Leinenweber this cause having last been assigned to the calendar of Judge Leighton. . (For further detail see order.) Mailed notice (hp) (Entered: 04/02/1998)

April 1, 1998

April 1, 1998

25

MOTION by plaintiff for leave to substitute counsel ; Notice of motion (hp) (Entered: 04/08/1998)

April 2, 1998

April 2, 1998

26

ATTORNEY APPEARANCE for plaintiff John Doe, Jr., and all other plaintiffs by John Mark Bouman (hp) (Entered: 04/08/1998)

April 2, 1998

April 2, 1998

27

MINUTE ORDER of 4/7/98 by Hon. Harry D. Leinenweber : Plaintiffs' motion for leave to substitute counsel is granted. [25−1] John Bouman of the Poverty Law Project of the National Clearinghouse for Legal Services granted leave to substitute as counsel for plaintiffs. Mailed notice (hp) (Entered: 04/08/1998)

April 7, 1998

April 7, 1998

Case Details

State / Territory: Illinois

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: May 16, 1983

Case Ongoing: No

Plaintiffs

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.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Illinois Department of Public Aid, State

Case Details

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Unknown

Content of Injunction:

Preliminary relief granted

Issues

General:

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Immigration/Border:

Constitutional rights

Family Separation