McKenney v. Sullivan

MEMORANDUM AND ORDER GRANTING PLAINTIFFS’ MOTION FOR JUDGMENT ON STIPULATED FACTS

GENE CARTER, Chief Judge.

In this action, Plaintiffs challenge a federal regulation limiting the definition of “essential person” for purposes of determining benefits under the Aid to Families with Dependent Children [AFDC] program. Plaintiffs allege that the regulation, 45 C.F.R. 233.20(a)(2)(vii), is contrary to two sections of the Social Security Act of 1935, 42 U.S.C. § 602(a)(7)(A), 42 U.S.C. § 606, and that the wrongful promulgation of the statute denies them their civil rights in violation of 42 U.S.C. §…