DOE v. WESTBY

Civ. No. 74-5017.

402 F.Supp. 140 (1975)

Jane DOE, on behalf of herself and all others similarly situated, Plaintiffs, v. Frithjof O. M. WESTBY, Individually and as Secretary of the South Dakota Department of Social Services, and Vern Woodard, Individually and as Director of the South Dakota Division of Social Welfare, Defendants.

United States District Court, D. South Dakota, W. D.

September 29, 1975.


Attorney(s) appearing for the Case

Michael A. Wolff, Black Hills Legal Services, Inc., Rapid City, S. D., for plaintiffs.

Morton R. Wilkins, Jr., Rapid City, S. D., for defendant Woodard.

R. K. Krogstad, Pierre, S. D., for defendant Westby.

Before ROSS, Circuit Judge, and BENSON and BOGUE, District Judges.


MEMORANDUM OF DECISION AND ORDER

BENSON, District Judge.

STATEMENT OF THE CASE

In this action, plaintiff seeks both declaratory and injunctive relief under 28 U.S.C. § 1343(3) and (4), and § 2201, 42 U.S.C. § 1983, and statutory relief under Title XIX of the Social Security Act of 1935, 42 U.S.C. § 1396 et seq. She challenges as unconstitutional, and seeks to restrain, a policy promulgated by the Social Services Department...

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