Legal Opinion
Cervantez v. Sullivan
District Court, E.D. California
Decided June 7, 1990No. CIV. S-89-529 LKKPublishedCited by 16 opinions
1Opinion of the Court
AMENDED ORDER
KARLTON, Chief Judge Emeritus.
In this class action litigation, plaintiffs successfully challenged a policy and regulation of the Secretary of Health and Human Service by which he counted garnished monies as income in making eligibility and benefits determinations under the Supplemental Security Income (SSI) provisions of Title XVI of the Social Security Act. 20 C.F.R. § 416.1123(b)(2). Finding this practice inconsistent with clearly established Ninth Circuit precedent construing the Social Security Act, 42 U.S.C. section 1382a, this court invalidated that regulation and policy by…
2Cases cited29 opinions
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
- Commissioner, Immigration & Naturalization Service v. JeanSupreme Court of the United States · 1990
- Blaine P. Thompson v. United States Department of LaborCourt of Appeals for the Ninth Circuit · 1989
- George L. Barry v. Otis R. BowenCourt of Appeals for the Ninth Circuit · 1987
24 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Lucas v. WhiteDistrict Court, N.D. California · 1999
- Cervantez v. SullivanCourt of Appeals for the Ninth Circuit · 1992
- Gonzalez v. United StatesUnited States Court of Federal Claims · 1999
- Cervantez v. SullivanCourt of Appeals for the Ninth Circuit · 1992
- Poole v. RourkeDistrict Court, E.D. California · 1991
11 more not listed; retrieve them via the Exa API.