Munshi v. Wilson-Coker

No. CV-02-0821467-S (Ct. Super. Ct. Hartford County filed, Nov. 20, 2002) ; Clearinghouse Number: 55093

Description

Immigrant Applicants for State Medical Assistance Challenge Connecticut’s Deeming of Sponsor’s Income and Assets

Abstract

Plaintiffs, two legal immigrants with grave medical needs, are challenging the Connecticut department of social services’ deeming of their sponsor’s and his spouse’s income and assets to them, thereby rendering them ineligible for state-funded medical assistance. Plaintiffs’ son signed an affidavit of support for the immigrant visa petition that he filed on his parents’ (plaintiffs’) behalf. After immigrating to the United States, son’s father suffered a cranial aneurysm. He needed immediate brain surgery and long-term extensive professional care. Department’s commissioner applied deeming regulations, found that plaintiffs were over income and over asset, and denied their applications for state medical assistance for noncitizens. A hearing officer upheld the denial. Suing commissioner, plaintiffs allege that, because Connecticut’s legislature did not exercise its option under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to require sponsor-deeming as a condition of participation in the state medical program, commissioner acted without statutory authority in propounding the deeming regulations and applying them to plaintiffs to deprive them of necessary medical assistance. They also allege that commissioner’s denial of state medical benefits solely based on immigration status violates the equal protection clause of the state constitution and of federal constitution as made actionable by 42 U.S.C. § 1983. Plaintiffs seek declaratory and injunctive relief and attorney fees and costs.

Additional Information

Attorney Information
Plaintiffs represented by Veronica Halpine, Susan L. Garten, Greg Bass, Greater Hartford Legal Aid, 999 Asylum Avenue, Hartford, CT 06105 (860.541.5000)
Docket Date
2002-11-20 00:00:00+00:00

Files

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