On September 3, 1987, three aliens and two U.S. citizens filed a class action lawsuit in the U.S. District Court for the Northern District of Illinois to challenge the Secretary of Health and Human Services' "no process policy" with regard to the issuance of new social security numbers and ...
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On September 3, 1987, three aliens and two U.S. citizens filed a class action lawsuit in the U.S. District Court for the Northern District of Illinois to challenge the Secretary of Health and Human Services' "no process policy" with regard to the issuance of new social security numbers and duplicated cards. Plaintiffs alleged that the Secretary denied their requests for original and new social security numbers or duplicate cards without notice and hearing in violation of the Due Process Clause of the Fifth Amendment and the Social Security Act.
The government moved to dismiss the case for lack of jurisdiction and lack of standing. It further requested that the case be stayed pending ruling on its motion. The District Court (Judge Suzanne B. Conlon) denied the request for a stay. Jones v. Bowen, 1988 WL 48237 (N.D.Ill. 1988).
The case was certified as a class action on July 21, 1988. Jones v. Bowen, 121 F.R.D. 344 (N.D.Ill.1988). Shortly thereafter, the District Court (Judge Suzanne B. Conlon) denied government's motion to dismiss and also denied plaintiffs' request for a preliminary injunction. Jones v. Bowen, 692 F.Supp. 887 (N.D.Ill.1988).
Discovery ensued and the parties then filed cross-motions for summary judgment. By order dated August 8, 1989, the Court entered judgment in favor of the plaintiffs and against the government. The Court held that government's failure to provide written reasons for adverse SSN decisions and notice of the right to appeal violated the Social Security Act, 42 U.S.C. § 405(c) and (g). Jones v. Bowen, 1989 WL 91865
(N.D.Ill. 1989). The government appealed.
On appeal the Court of Appeals for the Seventh Circuit (Judge Harlington Wood, Jr.) held that case was moot because the named plaintiffs had received new social security numbers and duplicate social security number cards before class certification. The Court of Appeals vacated the judgment and remanded the case back to the district court with the instructions to dismiss. Jones v. Sullivan 938 F.2d 801 (7th Cir. 1991).
On remand, plaintiffs moved to dismiss named plaintiffs and to intervene to file and amended complaint with substituted plaintiffs. The outcome of that motion is not clear from the PACER docket, but it is presumed that plaintiffs' motion was denied as the District Court entered judgment on February 18, 1992 and closed the case.Erica Woodruff - 08/20/2007