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Case Name M.K.B. v. Eggleston IM-NY-0024
Docket / Court 05 Civ.10446 (JSR) ( S.D.N.Y. )
State/Territory New York
Case Type(s) Immigration
Attorney Organization Legal Services/Legal Aid
Case Summary
On December 13, 2005, a group of battered immigrant wives and children of lawful U.S. residents filed a lawsuit under 42 U.S.C. § 1983 in the United States District Court for the Southern District of New York, challenging the denial of food stamps, Medicaid, and/or other public assistance benefits ... read more >
On December 13, 2005, a group of battered immigrant wives and children of lawful U.S. residents filed a lawsuit under 42 U.S.C. § 1983 in the United States District Court for the Southern District of New York, challenging the denial of food stamps, Medicaid, and/or other public assistance benefits to certain categories of immigrants. The plaintiffs alleged that they applied for public benefits at New York City Job Centers, but were improperly denied those benefits in violation of state and federal law. They sought emergency injunctive relief and class certification.

Defendants denied the allegations and sought to disqualify plaintiffs' counsel from handling the case, as the plaintiffs' attorneys had submitted affidavits in support of a preliminary injunction and were therefore witnesses. The District Court (Judge Jed Rakoff) denied the request to disqualify. M.K.B. v. Eggleston, 414 F.Supp.2d 469, 1 (S.D. NY 2006), reconsideration denied by M.K.B. v. Eggleston, 2006 WL 453215 (S.D.N.Y. Feb 24, 2006).

By Order dated February 16, 2006, the District Court entered a partial preliminary injunction which required certain immediate corrections to New York City and State public assistance agency systems relative to applications for public benefits by non-citizens. It then conducted a nine day evidentiary hearing to further assess the case and determine whether additional preliminary injunctive relief and/or class certification were warranted.

On August 29, 2006 Judge Rakoff certified the class and expanded the preliminary injunction. Judge Rakoff found that there was a substantial likelihood plaintiffs would prevail given evidence of numerous instances of wrongful denials with respect to battered aliens who were eligible for benefits, due to inadequately trained state and City personnel and faulty training materials and policy directives. M.K.B. v. Eggleston, 445 F.Supp.2d 400, 1 (S.D. NY 2006). Defendants' motion for reconsideration was denied. M.K.B. v. Eggleston, 2006 U.S. Dist. LEXIS 81704 (S.D. NY November 7, 2006). Shortly thereafter, the parties reached a tenative settlement.

Following a fairness hearing on May 24, 2007, the Court approved the Settlement Agreement by order dated June 26, 2007. Under the Agreement, many class members would receive "automatic" case reviews to determine whether they were entitled to retroactive public benefits. The City agreed to train 150 immigrant liaisons to review and handle the case reviews of class members and to process future applications by immigrants for public benefits. The City also agreed to refrain from denying, discontinuing, or reducing public benefits based on immigration status to eligible class members. The informal relief system created by the Court's preliminary injunction would be continued and quality assurance audits would be conducted every 6 months. The Court retained jurisdiction for 4 years to monitor compliance with the terms of the Agreement.

On July 16, 2007, the Court entered Judgment on a Settlement Agreement regarding attorney's fees in which the Defendants agreed to pay the Plaintiffs attorneys $2,850,000.

On September 29, 2011, the Court ordered an extension of the Settlement Agreement through February 15, 2013. Minor adjustments were made to account for problems with statutes of limitations. The Defendants appealed to the Second Circuit Court of Appeals, however, the appeal was withdrawn on April 9, 2012.

Joshua Arocho - 07/12/2012


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Issues and Causes of Action
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Issues
Benefit Source
Food stamps
Medicaid
General
Food service / nutrition / hydration
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Immigration
Constitutional rights
Family
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Office of the Commissioner of the New York City Human Resources Administration
Office of the Commissioner of the New York State Department of Health
Office of the Commissioner of the New York State Office of Temporary and Disability Assistance
Plaintiff Description Battered spouses and battered children of U.S. citizens or lawful permanent residents, eligible for state or federally funded public assistance, Medicaid, or food stamps, but who were denied those public benefits
Indexed Lawyer Organizations Legal Services/Legal Aid
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2007 - 2013
Case Closing Year n/a
Case Ongoing Yes
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)
1:05-cv-10446-JSR (S.D.N.Y.) 01/04/2013
IM-NY-0024-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction and Class Certification 12/13/2005
IM-NY-0024-0008.pdf | Detail
Complaint 12/13/2005
IM-NY-0024-0012.pdf | Detail
Complaint Part 2 12/13/2005
IM-NY-0024-0013.pdf | Detail
State Defendants' Memorandum of Law in Opposition to Motion for Preliminary Injunction And Class Certification 01/30/2006
IM-NY-0024-0007.pdf | Detail
City Defendant's Memorandum of Law in Opposition to Plaintiffs' Motion for A Preliminary Injunction and Class Certification 01/30/2006
IM-NY-0024-0009.pdf | Detail
Plaintiffs' Memorandum in Further Support of Their Motions for Preliminary Injunction and Class Certification 01/31/2006
IM-NY-0024-0006.pdf | Detail
Opinion 02/15/2006 (414 F.Supp.2d 469) (S.D.N.Y.)
IM-NY-0024-0023.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Order 02/16/2006 (S.D.N.Y.)
IM-NY-0024-0001.pdf | Detail
Opinion 02/24/2006 (2006 WL 453215) (S.D.N.Y.)
IM-NY-0024-0025.pdf | WESTLAW | Detail
Plaintiffs' Post-Hearing Memorandum of Law in Support of Motions for Preliminary Injunction and Class Certification 04/14/2006
IM-NY-0024-0005.pdf | Detail
Document Source: Westlaw
City Defendant's Post Hearing Memorandum of Law in Opposition to Plaintiffs' Motion for a Preliminary Injunction 05/05/2006
IM-NY-0024-0003.pdf | Detail
State Defendants' Memorandum of Law in Support of Their Motion to Vacate the Court's February 16, 2006 Order as to Them, and in Further Opposition to Plaintiffs' Application for a Preliminary Injunction 05/05/2006
IM-NY-0024-0004.pdf | Detail
Plaintiffs' Post-Hearing Reply Memorandum of Law in Further Support of Motions for Preliminary Injunction and Class Certification 05/19/2006
IM-NY-0024-0002.pdf | Detail
Opinion 08/29/2006 (445 F.Supp.2d 400) (S.D.N.Y.)
IM-NY-0024-0024.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
State Defendants' Memorandum of law for Support of Motion for Reconsideration of Class Certification Order 09/13/2006
IM-NY-0024-0011.pdf | Detail
Plantiffs' memorandum of law in opposition to state defendants' motion for reconsideration 09/20/2006
IM-NY-0024-0010.pdf | Detail
Opinion 11/07/2006 (2006 U.S.Dist.LEXIS 81704) (S.D.N.Y.)
IM-NY-0024-0026.pdf | LEXIS | Detail
Document Source: LexisNexis
Stipulation and Order of Settlement 01/12/2007
IM-NY-0024-0014.pdf | Detail
Stipulation and Order of Settlement 06/26/2007
IM-NY-0024-0015.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation of Settlement of Attorney's Fees, Costs and Disbursements 07/12/2007
IM-NY-0024-0016.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judgment 07/16/2007 (S.D.N.Y.)
IM-NY-0024-0017.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation and Protective Order 11/21/2008
IM-NY-0024-0018.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation and Order of Settlement 07/18/2011
IM-NY-0024-0019.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 09/29/2011 (S.D.N.Y.)
IM-NY-0024-0020.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum 01/03/2012 (2012 WL 20531) (S.D.N.Y.)
IM-NY-0024-0022.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 04/06/2012
IM-NY-0024-0021.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Rakoff, Jed Saul (S.D.N.Y.)
IM-NY-0024-0001 | IM-NY-0024-0012 | IM-NY-0024-0014 | IM-NY-0024-0015 | IM-NY-0024-0016 | IM-NY-0024-0017 | IM-NY-0024-0018 | IM-NY-0024-0019 | IM-NY-0024-0020 | IM-NY-0024-0022 | IM-NY-0024-0023 | IM-NY-0024-0024 | IM-NY-0024-0025 | IM-NY-0024-0026 | IM-NY-0024-9000
Monitors/Masters None on record
Plaintiff's Lawyers Abramson, Ronald (New York)
IM-NY-0024-0010 | IM-NY-0024-0012 | IM-NY-0024-0014 | IM-NY-0024-0015 | IM-NY-0024-0016 | IM-NY-0024-0018 | IM-NY-0024-0023 | IM-NY-0024-0024 | IM-NY-0024-0026 | IM-NY-0024-9000
Banks, Steven L. (New York)
IM-NY-0024-0010 | IM-NY-0024-0012 | IM-NY-0024-0014 | IM-NY-0024-0023 | IM-NY-0024-0024 | IM-NY-0024-0026 | IM-NY-0024-9000
Baum, Jennifer (New York)
IM-NY-0024-0010 | IM-NY-0024-0012 | IM-NY-0024-0014 | IM-NY-0024-0023 | IM-NY-0024-0024 | IM-NY-0024-0026 | IM-NY-0024-9000
Berkman, Deborah (New York)
IM-NY-0024-0010
Carey, Camille (New York)
IM-NY-0024-0010 | IM-NY-0024-0014
Hickey, Caroline Jane (New York)
IM-NY-0024-0012 | IM-NY-0024-0014 | IM-NY-0024-0015 | IM-NY-0024-0024 | IM-NY-0024-0026 | IM-NY-0024-9000
Holder, Adriene L. (New York)
IM-NY-0024-0010 | IM-NY-0024-0012
Jacobs, Russell Winston (New York)
IM-NY-0024-0012 | IM-NY-0024-0014 | IM-NY-0024-0023 | IM-NY-0024-0024 | IM-NY-0024-0026 | IM-NY-0024-9000
Kenneally, Kevin (New York)
IM-NY-0024-0012
Lamb, Christopher D. (New York)
IM-NY-0024-0010 | IM-NY-0024-0012 | IM-NY-0024-0014
Rosenberg, Scott Alan (New York)
IM-NY-0024-0010 | IM-NY-0024-0012 | IM-NY-0024-0014 | IM-NY-0024-0016 | IM-NY-0024-0018 | IM-NY-0024-0023 | IM-NY-0024-0024 | IM-NY-0024-0026 | IM-NY-0024-9000
Saylor, Elizabeth Sykes (New York)
IM-NY-0024-0012 | IM-NY-0024-0023 | IM-NY-0024-0024 | IM-NY-0024-0026 | IM-NY-0024-9000
Schulman, Yisroel (New York)
IM-NY-0024-0010 | IM-NY-0024-0014 | IM-NY-0024-0023 | IM-NY-0024-0024 | IM-NY-0024-0026 | IM-NY-0024-9000
Stevens, Jane Greengold (New York)
IM-NY-0024-0010 | IM-NY-0024-0012 | IM-NY-0024-0014 | IM-NY-0024-0016 | IM-NY-0024-0018 | IM-NY-0024-0023 | IM-NY-0024-0024 | IM-NY-0024-0026 | IM-NY-0024-9000
Weiner, Barbara (New York)
IM-NY-0024-0010
Welber, Susan (New York)
IM-NY-0024-0019 | IM-NY-0024-9000
Defendant's Lawyers Calhoun, Martha Anne (New York)
IM-NY-0024-0019 | IM-NY-0024-9000
Cardozo, Michael A. (New York)
IM-NY-0024-0003 | IM-NY-0024-0014
Cuomo, Andrew M. (New York)
IM-NY-0024-0014
Kraft, Robert Lewis (New York)
IM-NY-0024-0004 | IM-NY-0024-0007 | IM-NY-0024-0011 | IM-NY-0024-0012 | IM-NY-0024-0014 | IM-NY-0024-0018 | IM-NY-0024-0024 | IM-NY-0024-0026 | IM-NY-0024-9000
Leong, Vincent (New York)
IM-NY-0024-0004
Levine, Jesse Ira (New York)
IM-NY-0024-0012 | IM-NY-0024-0014 | IM-NY-0024-0024 | IM-NY-0024-0026 | IM-NY-0024-9000
Momo, Jane Tobey (New York)
IM-NY-0024-0003 | IM-NY-0024-0014 | IM-NY-0024-0016 | IM-NY-0024-0018 | IM-NY-0024-0024 | IM-NY-0024-0026 | IM-NY-0024-9000
Rauchberg, Andrew James (New York)
IM-NY-0024-9000
Rubin, Ivan B. (New York)
IM-NY-0024-0004 | IM-NY-0024-0012 | IM-NY-0024-0014 | IM-NY-0024-0024 | IM-NY-0024-0026 | IM-NY-0024-9000
Spitzer, Eliot (New York)
IM-NY-0024-0007 | IM-NY-0024-0011
Other Lawyers None on record

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