Calkins v. Corey
Opinion of the Court
In these related appeals, plaintiffs challenge the administration of New York’s
This comparability requirement is at the center of the controversy in the action before us. Plaintiffs claim that New York violated this requirement, as to SSI medically needy, by failing to apply SSI income disregards to the earned income of ineligible spouses of the SSI medically needy and, as to AFDC medically needy, by counting the income and presence of an SSI medically needy spouse or parent residing with an AFDC medically needy recipient. Plaintiffs also contend that medically needy persons who qualify as both AFDC and SSI medically needy persons should have been given a choice as to the category under which they wished to have their benefits computed. The District Court for the Northern District of New York (Howard G. Munson, Chief Judge) granted summary judgment to the plaintiffs on their claim regarding income disregards in eligibility determinations of the SSI medically needy and also on the choice of category claim.
. The District Court dismissed without prejudice any claims plaintiffs might have under either of these theories for the period after conversion to a “209b” plan. 511 F.Supp. at 1081-82 & n.6. We therefore do not consider on this appeal the significance of the Southern District of New York’s recent decision regarding the validity of New York’s conversion, Morabito v. Blum, 528 F.Supp. 252 (1981).
. We agree with the District Court that the County Commissioner defendants have no immunity from liability in their official capacities for payment of welfare benefits due plaintiffs under the law. 511 F.Supp. at 1100-01; Holley v. Lavine, 605 F.2d 638, 648 (2d Cir. 1979), cert. denied, 446 U.S. 913, 100 S.Ct. 1843, 64 L.Ed.2d 266 (1980); Duchesne v. Sugarman, 566 F.2d 817, 830-31 (2d Cir. 1977). An action for damages against a County Commissioner in his official capacity is in essence an action against the County. See Familias Unidas v. Briscoe, 619 F.2d 391, 403 (5th Cir. 1980); Monell v. Department of Social Services, 532 F.2d 259, 264-66 (2d Cir. 1976), rev’d but approved on this point, 436 U.S. 658, 690 n.55, 98 S.Ct. 2018, 2035 n.55, 56 L.Ed.2d 611 (1978); cf. Sundry African Slaves v. Madrazo, 26 U.S. (1 Pet.) 110, 121-22, 7 L.Ed. 73 (1828). Since the County would not have a good faith immunity defense, Owen v. City of Independence, 445 U.S. 622, 100 S.Ct. 1398, 63 L.Ed.2d 673 (1980), neither does a County Commissioner in a suit brought against him in his official capacity. See Universal Amusement Co. v. Hofheinz, 646 F.2d 996 (5th Cir. 1981); Familias Unidas v. Briscoe,
Reference
- Full Case Name
- Kenneth CALKINS, Plaintiffs-Appellees-Cross-Appellants, Curtise Williams, Plaintiffs-Intervenors-Cross-Appellants-Appellees v. Barbara B. BLUM, Individually and as Commissioner of the New York State Dept. of Social Services, Defendants-Appellants-Cross-Appellees Phyllis COREY v. Barbara BLUM, as Commissioner of the New York State Department of Social Services
- Cited By
- 1 case
- Status
- Published