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Davis v. Baker
No. 01 CH 6270 ; Clearinghouse Number: 53904
Description
Food Stamp Recipient Challenge Department's Termination of Food Stamp Benefits for Fraud Without Regard to Evidence
Abstract
Plaintiff Food Stamp recipient seeks reversal of an administrative
decision of the Illinois Department of Human Services. The
Department had found that plaintiff’s Food Stamp debit card
had been used fraudulently, after a purchase made on the card was
deemed not to be a legitimate food purchase by the Food and
Nutrition Service, based on the logistics of purchases made in that
particular store. Without giving reasons, the Department dismissed
evidence that the card had been used by an ex-boyfriend while
plaintiff was experiencing problems from surgery. Plaintiff sues
for the making of a decision unsupported by evidence, and contends
that the Department's "strict liability" policy is
not consistent with the law. She also maintains that the
relationship with her boyfriend is not a fiduciary relationship
recognized by law and therefore she is not responsible for his
actions.
