Howard v. Madigan

MEMORANDUM DECISION

BOGUE, District Judge.

Plaintiffs brought this action personally and on behalf of all persons similarly situated, seeking to have this Court declare that the South Dakota Department of Public Welfare, in determining eligibility of applicants for Aid to Dependent Children, may not presume that one child’s Social Security and Veterans’ Administration benefits are available as income to other members of the child’s household. In particular, Plaintiffs seek to enjoin a state-wide welfare regulation which, Plaintiffs claim, makes that presumption. Jurisdiction is conferred by 28…