Feeling v. Kelly

No. 82-2994 (D.D.C. Feb. 25, 1994) ; Clearinghouse Number: 36026

Description

Court Modifies, But Refuses to Vacate, 1986 Consent Judgment Requiring Prompt Processing of Emergency Assistance Applications

Abstract

The district court has denied the District of Columbia's motion to vacate a 1986 consent judgment under which defendant agreed to provide applicants for AFDC Emergency Assistance (EA) services within eight days of completing an application. Inadequate compliance with this order by defendant led to motions for contempt in 1988 and 1993. In 1988, the court adopted defendant's suggestions to hold regular task force meetings to consider the problems in the EA program and to supply monthly reports to plaintiffs' counsel. In 1993, the District passed emergency legislation altering the number of days within which it must process EA applications from 8 to 12 days. Defendant, contending that it was now in compliance not with the 8-day processing rule but with the 12-day rule, then filed a motion to vacate the contempt order. Arguing that the decision in Suter v. Artist M., 112 S. Ct. 1360 (1992), removed a federal right of action to challenge EA, it also sought to vacate the original consent judgment. The court rejected this latter motion and held that several of plaintiffs' claims, as well as the parties' desire to avoid costly litigation, provided support for the consent judgment. The court did, however, find that the District's modification of the period in which to provide assistance was consistent with the underlying purpose of the consent judgment, and therefore defendant was in substantial compliance with the order. In so ruling, the court stressed that the modification was not automatic, as argued by defendant, but rather required action by the court.

Additional Information

Attorney Information
Plaintiffs represented by Lynn Cunningham, Neighborhood Legal Services, 701 4th St. NW, Washington, DC 20001, (202) 682-2711; Robert Berlow.
Docket Date
1994-02-25 00:00:00+00:00

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