Franklin v. Kelly

No. 90-3124-SS (D.D.C. July 28, 1994) ; Clearinghouse Number: 46308

Description

District Court Orders Special Master to Monitor District of Columbia’s Compliance with Food Stamp Act for Two Years

Abstract

The district court has entered an order regarding the submission of monitoring reports and the award of attorney fees in this class action challenging the District of Columbia’s administration of its Food Stamp Program. Plaintiff food stamp applicants and recipients had alleged that the District violated the Food Stamp Act, 7 U.S.C. § 2020(e), by engaging in practices that discourage or prevent the filing of applications, failing to provide information and assistance to homeless persons and to AFDC recipients who are categorically eligible for expedited assistance, and delaying the processing of applications. The special master, who was appointed by the court recommended (1) streamlining the screening of applicants for expedited issuance; (2) expediting the photo identification card process or dispensing with this requirement; (3) adapting and employing the Pennsylvania Food Stamp Handbook; (4) standardizing processing of certain forms; (5) increasing staff to authorized levels and finding methods to motivate workers; and (6) conducting compliance monitoring studies. Subsequently, the special master informed the court that certain issues appeared to be hindering settlement. Accordingly, the court ordered the District to submit to the special master and plaintiffs’ counsel compliance monitoring reports of such nature and with such frequency as prescribed by the special master. The reporting requirement shall expire two years from the date of submission of the first report, unless plaintiffs formally request that compliance monitoring continue. The court also ordered the parties to submit any disputes and allegations concerning noncompliance to the special master for resolution. Finally, the court ordered plaintiffs to present their claims for attorney fees to the special master for his review and consideration. The court stated that, after giving due weight to the special master’s recommendation, it would award counsel fees to be paid by the District if, and in such amount, it deems appropriate.

Additional Information

Attorney Information
Plaintiffs represented by Lynn Cunningham, Neighborhood Legal Services Program, 701 Fourth St. NW, Washington, DC 20001, (202) 682-2711; Jeffrey Maletta, Frank Trinity.
Docket Date
1994-07-28 00:00:00+00:00

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