George v. Contra Costa County Employment and Human Servs.

No. (N.D. Cal. filed, Nov. 18, 2002) ; Clearinghouse Number: 55030

Description

Native American Challenges California County Agency’s Income Verification Policy for Its Public Benefits Programs

Abstract

Plaintiff homeless and jobless pregnant woman of Native American descent challenges a California county agency’s income verification policy for determining eligibility for its public benefits. When plaintiff applied for benefits, she indicated that she was “American Indian” and that she did not receive or expect to receive any Native American funds. A caseworker informed plaintiff that, because she had “potentially available income” to which she was “apparently eligible,” her application was not allowed to be approved until she applied for tribal benefits and informed county. Although county retroactively granted plaintiff’s application after she requested membership in and aid from one Sioux tribe, plaintiff is suing defendant county employment and human services agency, its director, county, and its officials. She argues that defendants not only sought a statutorily unauthorized potential source of income from her but also did so in a discriminatory manner. She maintains that, despite her sworn statements to the contrary, defendants unreasonably and negligently assumed that tribal income was available and that they required her, based solely on her Native American ancestry, to apply for tribal funds as a condition of eligibility for cash assistance and food stamps without giving her any tribal contact information. Plaintiff alleges that defendants violated Title VI of the Civil Rights Act of 1964; 42 U.S.C. § 1983; 7 U.S.C. § 2020 (administration of the Food Stamp Program); her right to equal protection and due process under the Fourteenth Amendment; and the California constitution and statutes.

Additional Information

Attorney Information
Plaintiff represented by: John A. Maier, Stephen V. Quesenberry, and Jay B. Petersen, California Indian Legal Services, 510 16th Street, Fourth Floor, Oakland, CA 94612 (510.835.0284)
Docket Date
2002-11-18 00:00:00+00:00

Files

Filed under: