article: On December 13, 2005, a group of battered immigrant wives and children of lawful U.S. residents filed this lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of New York, challenging the denial of food stamps, Medicaid, and other public assistance benefits to certain categories of immigrants. The plaintiffs alleged that they applied for public benefits at New York City Job Centers, but were improperly denied those benefits in violation of state and federal law. They sought emergency injunctive relief and class certification. The defendants denied the allegations and sought to disqualify plaintiffs' counsel from handling the case. The defendants argued that the plaintiffs' attorneys had submitted affidavits in support of a preliminary injunction and were therefore witnesses. The district court (Judge Jed Rakoff) denied the request to disqualify. 414 F. Supp. 2d 469. On February 16, 2006, the district court entered a partial preliminary injunction that required certain immediate corrections to New York City and State public assistance agency systems relative to applications for public benefits by noncitizens. It then conducted a nine-day evidentiary hearing to further assess the case and determine whether additional preliminary injunctive relief and/or class certification were warranted. On August 29, 2006, Judge Rakoff certified the class and expanded the preliminary injunction. Judge Rakoff found that there were a substantial likelihood plaintiffs would prevail given evidence of numerous instances of wrongful denials with respect to battered aliens who were eligible for benefits, due to inadequately trained state and City personnel and faulty training materials and policy directives. 445 F.Supp.2d 400. The defendants' motion for reconsideration was denied. M.K.B. v. Eggleston, 2006 U.S. Dist. LEXIS 81704. Shortly thereafter, the parties reached a tentative settlement. Following a fairness hearing on May 24, 2007, the court approved the settlement agreement by order dated June 26, 2007. Under the agreement, many class members would receive "automatic" case reviews to determine whether they were entitled to retroactive public benefits. The City agreed to train 150 immigrant liaisons to review and handle the case reviews of class members and process future applications by immigrants for public benefits. The City also agreed to refrain from denying, discontinuing, or reducing public benefits based on immigration status to eligible class members. The informal relief system created by the court's preliminary injunction would be continued and quality assurance audits would be conducted every six months. The court retained jurisdiction for four years to monitor compliance with the terms of the agreement. On July 16, 2007, the court entered judgment on a settlement agreement regarding attorney's fees in which the defendants agreed to pay the plaintiffs' attorneys $2.85 million. On September 29, 2011, the court ordered an extension of the settlement agreement through February 15, 2013. Minor adjustments were made to account for problems with statutes of limitations. The defendants appealed the court's order to the Second Circuit Court of Appeals. The appeal was withdrawn, however, on April 9, 2012. On July 3, 2013, the court again extended the term of the settlement, as well as the monitoring of compliance, for two additional cycles to August 15, 2014. On August 8, 2014, the court issued a final stipulation and order under which the City of New York and the State of New York agreed to pay $217,500 and $147,500, respectively, to plaintiff’s attorneys within 90 days. The settlement expired on August 15, 2014. There have been no further updates to this case, and there is no reason to believe it is ongoing.
summary: This class action 42 U.S.C. § 1983 lawsuit was filed on December 13, 2005 in the United States District Court for the Southern District of New York. The Plaintiffs, a group of battered immigrant wives and children of lawful U.S. residents, challenged the denial of public benefits that they applied for at New York City Job Centers. On May 24, 2007, the parties reached a Settlement Agreement in which certain class members would receive automatic case reviews in order to obtain the public benefits they sought. The Defendants also agreed to hire more employees in order to properly review the Plaintiffs' cases. Finally, the Settlement Agreement required the Defendants to pay $2,850,000 in attorney's fees and costs. The Court originally retained jurisdiction for 4 years, however, this was extended through February 13, 2012 by a court order dated September 29, 2011. Defendants appealed this order, however, they withdrew their appeal on April 9, 2012. On August 8,2014, the court issued another stipulation and order in which the City of New York and the State of New York would pay $217,500 and $147,500 respectively, to plaintiff's attorneys (The Legal Aid Society). As of this writing, the Court continues to monitor the case.