Legal Opinion
Ashby v. Weinberger
District Court, E.D. New York
Decided September 10, 1975No. 74-C-1790PublishedCited by 3 opinions
1Opinion of the Court
BARTELS, District Judge.
Plaintiff sues the Secretary of the Department of Health, Education and Welfare to restore disability benefits provided to her under the Supplemental Security Income Program (“SSI”), 42 U.S.C.A § 1381 et seq., which were terminated without notice and hearing allegedly in violation of her Due Process rights under the Fifth Amendment, citing Goldberg v. Kelly, 397 U.S. 254, 90 S.Ct. 1011, 25 L.Ed.2d 287 (1970). Jurisdiction is invoked under the Civil Rights Act, 42 U.S.C.A. § 1983, 28 U.S. C.A. § 1343(3), federal mandamus jurisdiction, 28 U.S.C.A. § 1361, and the…
2Cases cited10 opinions
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Goldberg v. KellySupreme Court of the United States · 1970
- Arnett v. KennedySupreme Court of the United States · 1974
- Claudia Frost v. Caspar Weinberger, as Secretary of United States Department of Health,education and WelfareCourt of Appeals for the Second Circuit · 1975
- Lyons v. WeinbergerDistrict Court, S.D. New York · 1974
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3Cited by3 opinions
- Johnson v. MathewsCourt of Appeals for the Eighth Circuit · 1976
- Hill v. O'BANNONDistrict Court, E.D. Pennsylvania · 1982
- Johnson v. MathewsCourt of Appeals for the Eighth Circuit · 1976