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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 this lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of New York, challenging the denial of food stamps, Medicaid, and other public assistance benefits to ... read more >
On December 13, 2005, a group of battered immigrant wives and children of lawful U.S. residents filed this lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of New York, challenging the denial of food stamps, Medicaid, and 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.

The defendants denied the allegations and sought to disqualify plaintiffs' counsel from handling the case. The defendants argued that 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. 414 F. Supp. 2d 469.

On February 16, 2006, the district court entered a partial preliminary injunction that required certain immediate corrections to New York City and State public assistance agency systems relative to applications for public benefits by noncitizens. 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 were 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. 445 F.Supp.2d 400. The defendants' motion for reconsideration was denied. M.K.B. v. Eggleston, 2006 U.S. Dist. LEXIS 81704. Shortly thereafter, the parties reached a tentative 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 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 six months. The court retained jurisdiction for four 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 $2.85 million.

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 the court's order to the Second Circuit Court of Appeals. The appeal was withdrawn, however, on April 9, 2012.

On July 3, 2013, the court again extended the term of the settlement, as well as the monitoring of compliance, for two additional cycles to August 15, 2014. On August 8, 2014, the court issued a final stipulation and order under which the City of New York and the State of New York agreed to pay $217,500 and $147,500, respectively, to plaintiff’s attorneys within 90 days.

The settlement expired on August 15, 2014. There have been no further updates to this case, and there is no reason to believe it is ongoing.

Joshua Arocho - 07/12/2012
MJ Koo - 03/12/2017


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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 - 2014
Case Closing Year 2014
Case Ongoing No
Docket(s)
1:05-cv-10446-JSR (S.D.N.Y.)
IM-NY-0024-9000.pdf | Detail
Date: 08/08/2014
Source: PACER [Public Access to Court Electronic Records]
General Documents
Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction and Class Certification
IM-NY-0024-0008.pdf | Detail
Date: 12/13/2005
Complaint
IM-NY-0024-0012.pdf | Detail
Date: 12/13/2005
Complaint Part 2
IM-NY-0024-0013.pdf | Detail
Date: 12/13/2005
State Defendants' Memorandum of Law in Opposition to Motion for Preliminary Injunction And Class Certification
IM-NY-0024-0007.pdf | Detail
Date: 01/30/2006
City Defendant's Memorandum of Law in Opposition to Plaintiffs' Motion for A Preliminary Injunction and Class Certification
IM-NY-0024-0009.pdf | Detail
Date: 01/30/2006
Plaintiffs' Memorandum in Further Support of Their Motions for Preliminary Injunction and Class Certification
IM-NY-0024-0006.pdf | Detail
Date: 01/31/2006
Opinion (414 F.Supp.2d 469) (S.D.N.Y.)
IM-NY-0024-0023.pdf | WESTLAW| LEXIS | Detail
Date: 02/15/2006
Source: Google Scholar
Order (S.D.N.Y.)
IM-NY-0024-0001.pdf | Detail
Date: 02/16/2006
Opinion (2006 WL 453215) (S.D.N.Y.)
IM-NY-0024-0025.pdf | WESTLAW | Detail
Date: 02/24/2006
Plaintiffs' Post-Hearing Memorandum of Law in Support of Motions for Preliminary Injunction and Class Certification
IM-NY-0024-0005.pdf | Detail
Date: 04/14/2006
Source: Westlaw
City Defendant's Post Hearing Memorandum of Law in Opposition to Plaintiffs' Motion for a Preliminary Injunction
IM-NY-0024-0003.pdf | Detail
Date: 05/05/2006
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
IM-NY-0024-0004.pdf | Detail
Date: 05/05/2006
Plaintiffs' Post-Hearing Reply Memorandum of Law in Further Support of Motions for Preliminary Injunction and Class Certification
IM-NY-0024-0002.pdf | Detail
Date: 05/19/2006
Opinion (445 F.Supp.2d 400) (S.D.N.Y.)
IM-NY-0024-0024.pdf | WESTLAW| LEXIS | Detail
Date: 08/29/2006
Source: Google Scholar
State Defendants' Memorandum of law for Support of Motion for Reconsideration of Class Certification Order
IM-NY-0024-0011.pdf | Detail
Date: 09/13/2006
Plantiffs' memorandum of law in opposition to state defendants' motion for reconsideration
IM-NY-0024-0010.pdf | Detail
Date: 09/20/2006
Opinion (2006 U.S.Dist.LEXIS 81704) (S.D.N.Y.)
IM-NY-0024-0026.pdf | LEXIS | Detail
Date: 11/07/2006
Source: LexisNexis
Stipulation and Order of Settlement
IM-NY-0024-0014.pdf | Detail
Date: 01/12/2007
Stipulation and Order of Settlement [ECF# 172]
IM-NY-0024-0015.pdf | Detail
Date: 06/26/2007
Source: PACER [Public Access to Court Electronic Records]
Stipulation of Settlement of Attorney's Fees, Costs and Disbursements [ECF# 175]
IM-NY-0024-0016.pdf | Detail
Date: 07/12/2007
Source: PACER [Public Access to Court Electronic Records]
Judgment [ECF# 176] (S.D.N.Y.)
IM-NY-0024-0017.pdf | Detail
Date: 07/16/2007
Source: PACER [Public Access to Court Electronic Records]
Stipulation and Protective Order [ECF# 177]
IM-NY-0024-0018.pdf | Detail
Date: 11/21/2008
Source: PACER [Public Access to Court Electronic Records]
Stipulation and Order of Settlement [ECF# 197]
IM-NY-0024-0019.pdf | Detail
Date: 07/18/2011
Source: PACER [Public Access to Court Electronic Records]
Order (S.D.N.Y.)
IM-NY-0024-0020.pdf | Detail
Date: 09/29/2011
Source: PACER [Public Access to Court Electronic Records]
Memorandum (2012 WL 20531) (S.D.N.Y.)
IM-NY-0024-0022.pdf | WESTLAW | Detail
Date: 01/03/2012
Source: PACER [Public Access to Court Electronic Records]
Order [Ct. of App. ECF# 48]
IM-NY-0024-0021.pdf | Detail
Date: 04/06/2012
Source: PACER [Public Access to Court Electronic Records]
Stipulation and Order Extending Term of Prior Stipulation of Settlement (S.D.N.Y.)
IM-NY-0024-0027.pdf | Detail
Date: 07/03/2013
Source: PACER [Public Access to Court Electronic Records]
Stipulation of Order Regarding Attorney's Fees (S.D.N.Y.)
IM-NY-0024-0028.pdf | Detail
Date: 08/08/2014
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-0024-0027 | IM-NY-0024-0028 | IM-NY-0024-9000
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

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