Alexander v. Britt

No. 95-2412 (4th Cir. filed Oct. 2, 1995) ; Clearinghouse Number: 13475

Description

District Court's Refusal to Terminate Four-Year-Old Consent Order in Class Action Challenging Untimely Processing of Aid Applications Is Affirmed

Abstract

Affirming, the Fourth Circuit has refused to terminate the consent order in this class action challenging defendant state officials’ administration of the AFDC and Medicaid programs in North Carolina. Under the 1992 consent decree, defendants agreed to bring all local social service departments into compliance with the federal requirements for timely processing of AFDC and Medicaid applications. The consent order’s requirements were phased in beginning in August 1992, and under a “sunset provision” the parties agreed that the district court would retain jurisdiction until August 1998. In August 1994, defendants moved to modify the consent order; they asserted that "unforeseen factual conditions resulting in unanticipated consequences" had made implementation and compliance with the order "onerous and unworkable." In March 1995, pending a ruling on their motion to modify, defendants’ second motion to terminate was denied by the district court. The court of appeals held that defendants did not meet the standard articulated in Board of Education of Oklahoma City Public Schools v. Dowell, 498 U.S. 237 (1991), because they had not complied with the consent decree for a reasonable period of time; the consent decree had been in full effect for only a little more than a year when defendants moved to terminate it. Moreover, the parties' agreement to the six-year sunset provision merited consideration because the parties were the most knowledgeable about how much time was reasonable to determine whether the decree had had its desired effect.

Additional Information

Attorney Information
Plaintiffs-Appellees represented by Douglas Sea, Legal Services of Southern Piedmont, 1431 Elizabeth Ave., Charlotte, NC 28204, (704) 376-1600; Barbara Degan
Docket Date
1995-10-02 00:00:00+00:00

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