Hutchins v. Cincinnati Metro. Hous. Auth.

No. C1-79-131 (S.D. Ohio June 29, 1984) ; Clearinghouse Number: 35010

Description

The Ninth Circuit held that defendant employee of defendant district attorney’s office acted under color of law when she accessed a confidential data base of those eligible for certain public benefits to find her husband’s ex-wife at a battered women’s sh

Abstract

The Supreme Court of New York, Appellate Division, held that recipient of public assistance need not submit documentary evidence to support her assertion that she failed to meet a work requirement for lack of available child care. The court annulled an administrative law judge’s decision that New York City Human Resources Administration properly reduced petitioner’s public benefits because she did not produce a letter from the child care provider to support her claim of good cause for missing a work assignment. The court ruled that the burden at a fair hearing rested upon agency to establish that petitioner’s failure to comply was willful. Petitioner had testified that, three days before her work assignment began, her day care provider withdrew its commitment to admit her children because city agency had not confirmed payment. Respondent offered no evidence refuting petitioner’s testimony. The court found that, absent any evidence that petitioner willfully refused to participate in the job program, the reduction of her benefits was arbitrary and capricious. The court directed respondent to restore all of petitioner’s lost public assistance and food stamps.

Additional Information

Docket Date
1984-06-29 00:00:00+00:00