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Case Name Briggs v. Bremby PB-CT-0010
Docket / Court 3:12-cv-324 ( D. Conn. )
State/Territory Connecticut
Case Type(s) Public Benefits / Government Services
Special Collection Post-WalMart decisions on class certification
Case Summary
On March 5, 2012 plaintiff filed on behalf of all Connecticut residents who, since March 5, 2009 have applied or will apply for food stamps from the Connecticut Department of Social Services in United States District Court for the District of Connecticut. The plaintiff sued the Connecticut ... read more >
On March 5, 2012 plaintiff filed on behalf of all Connecticut residents who, since March 5, 2009 have applied or will apply for food stamps from the Connecticut Department of Social Services in United States District Court for the District of Connecticut. The plaintiff sued the Connecticut Department of Social Services under 42 U.S.C. § 1983. The plaintiff, represented by public interest lawyers, asked the court for injunctive relief for the processing of food stamp applications. Plaintiffs claimed that defendant was noncompliant with the Food Stamps Act 7 U.S.C. § 2020(e)(3) for application for food stamps. Specifically, the plaintiff claimed that defendant was failing to process food stamp applications in a timely manner as well as refusing to properly use the expedited process for eligible food stamp applications.

On December 4, 2012 the court granted a preliminary injunction enjoining the defendant to properly process food stamp applications for plaintiff and denied the defendant's motion to dismiss. Defendants appealed this to the 2nd Circuit. This appeal was denied without an opinion.

On May 13, 2013, the court signed the preliminary injunction order as well as the order granting class certification. The class was defined as:

"All persons in Connecticut who have applied, who are currently applying, or who will apply in the future and whose application wasnot timely processed for
food stamps as required by 7 U.S.C. § 2020(e)(3) and (e)(9); 7 C.F.R. § 273.2"

On March 24, 2014 the court denied defendant's motion to amend the preliminary injunction. On July 6, 2015 the United States Court of Appeals for the Second Circuit affirmed the District Court's preliminary injunction order. 792 F.3d 239 (2d Cir. 2015).

Throughout 2016, the parties were in the process of negotiating a court-approved settlement.

The parties came to an agreement on December 16, 2016. The Court dismissed the case without prejudice due to the settlement on December 19.

The parties submitted their settlement agreement to the Court on January 5, 2017. The settlement agreement provided that Defendant would comply with the timely requirements for processing food stamps applications. Fully complying with the timely processing required Defendant to meet a 96% timely processing standard, starting no later than the month following the date that the settlement was approved by the Court. Defendant would also enact policies and train staff to meet this timely requirement. Defendant was to provide plaintiff with monthly SNAP Application Timeliness Reports, for the duration of the Order. The Court was to remain jurisdiction over this matter indefinitely until Defendant achieved full compliance of the settlement agreement for 26 months of any 30 month period, or for 22 consecutive months whichever came first. Class notice was to take the form of posting a notice in both English and Spanish in various DSS offices' waiting rooms, on DSS's website, and in the waiting room of Greater Hartford Legal Aid.

The Court approved the settlement hearing on January 6, 2017. The fairness hearing was scheduled for March 8, 2017. However, it does not appear on the docket.

David Smellie - 10/07/2016
Michael Beech - 04/01/2019
Maddie McFee - 10/10/2019


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Issues and Causes of Action
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Issues
Benefit Source
Food stamps
Content of Injunction
Preliminary relief granted
Defendant-type
Jurisdiction-wide
General
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400
Defendant(s) State of Connecticut Department of Social Services
Plaintiff Description All Connecticut residents who, since March 5, 2009 have applied, are applying, or will apply for food stamps from the Connecticut Department of Social Services.
Class action status sought Yes
Class action status granted Yes
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Attorneys fees
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2017 - 2019
Filing Year 2012
Case Ongoing Yes
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Docket(s)
3:12−cv−00324−VLB (D. Conn.)
PB-CT-0010-9001.pdf | Detail
Date: 09/12/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
PB-CT-0010-0003.pdf | Detail
Date: 03/05/2012
Source: PACER [Public Access to Court Electronic Records]
Memorandum Of Decision Denying Defendant's Motion To Dismiss And Granting Plaintiff's Motion For Preliminary Injunction [ECF# 58] (2012 WL 6026167) (D. Conn.)
PB-CT-0010-0005.pdf | WESTLAW | Detail
Date: 12/04/2012
Source: PACER [Public Access to Court Electronic Records]
Order Certifying Class [ECF# 82] (2013 WL 1987237) (D. Conn.)
PB-CT-0010-0002.pdf | WESTLAW | Detail
Date: 05/13/2013
Source: PACER [Public Access to Court Electronic Records]
Preliminary Injunction Order [ECF# 83] (D. Conn.)
PB-CT-0010-0006.pdf | Detail
Date: 05/13/2013
Source: PACER [Public Access to Court Electronic Records]
Order Granting In Part And Denying In Part Defendant's Motion To Alter And Amend And Motion For Reconsideration [ECF# 101] (2014 WL 1246696) (D. Conn.)
PB-CT-0010-0004.pdf | WESTLAW | Detail
Date: 03/24/2014
Source: PACER [Public Access to Court Electronic Records]
Opinion [2nd Circuit] (792 F.3d 239)
PB-CT-0010-0001.pdf | WESTLAW| LEXIS | External Link | Detail
Date: 07/06/2015
Joint Motion for Approval of Settlement Agreement and Class Notice + Stipulation and Order of Settlement [ECF# 162]
PB-CT-0010-0007.pdf | Detail
Date: 01/05/2017
Source: PACER [Public Access to Court Electronic Records]
Order Preliminarily Approving Stipulation and Order of Settlement and Order of Notice to Plaintiff Class [ECF# 163] (D. Conn.)
PB-CT-0010-0008.pdf | Detail
Date: 01/06/2017
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Bryant, Vanessa Lynne (D. Conn.) show/hide docs
PB-CT-0010-0002 | PB-CT-0010-0004 | PB-CT-0010-0005 | PB-CT-0010-0006 | PB-CT-0010-0008 | PB-CT-0010-9001
Calabresi, Guido (Second Circuit) show/hide docs
PB-CT-0010-0001
Carney, Susan Laura (Second Circuit) show/hide docs
PB-CT-0010-0001
Hall, Peter W. (Second Circuit) show/hide docs
PB-CT-0010-0001
Richardson, Robert A. Court not on record [Magistrate] show/hide docs
PB-CT-0010-9001
Plaintiff's Lawyers Bass, Greg (Connecticut) show/hide docs
PB-CT-0010-0003 | PB-CT-0010-9001
Cohan, Marc (New York) show/hide docs
PB-CT-0010-0003 | PB-CT-0010-0007 | PB-CT-0010-9001
Mannix, Mary R. (New York) show/hide docs
PB-CT-0010-0003 | PB-CT-0010-0007 | PB-CT-0010-9001
Potter, Lucy (Connecticut) show/hide docs
PB-CT-0010-0003 | PB-CT-0010-9001
Shay, Giovanna (District of Columbia) show/hide docs
PB-CT-0010-0007 | PB-CT-0010-9001
Tasheff, Petra T. (New York) show/hide docs
PB-CT-0010-9001
Thomas, Cecil Joseph (Connecticut) show/hide docs
PB-CT-0010-0003 | PB-CT-0010-0007 | PB-CT-0010-9001
Defendant's Lawyers Barber, Hugh (Connecticut) show/hide docs
PB-CT-0010-0007 | PB-CT-0010-9001
Callahan, Jennifer L. (Connecticut) show/hide docs
PB-CT-0010-0007 | PB-CT-0010-9001
McGovern, Rosemary Miller (Connecticut) show/hide docs
PB-CT-0010-9001
Melendez, Emily V. (Connecticut) show/hide docs
PB-CT-0010-0007 | PB-CT-0010-9001

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