1. Home
  2. Browse Decisions
  3. F.Supp.
  4. 689 F.Supp.
  5. 689 F.Supp. 988 (1988)
 

HEART v. ELLENBECKER

Civ. No. 86-3057.

689 F.Supp. 988 (1988)

Arlis Iron HEART, on behalf of herself and her Old Lodge Children, Plaintiffs, v. James ELLENBECKER, as Secretary of the South Dakota Department of Social Services and Otis R. Bowen, M.D., Secretary of Health and Human Services, Defendants.

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

July 11, 1988.

Attorney(s) appearing for the Case

B.J. Jones, Albert C. Jones, Krista Clark, Michael T. Swallow, Dakota Plains Legal Services, Mission, S.D., for plaintiffs.

Mark L. Bratt, Asst. Atty. Gen., Office of Legal Services, Dept. of Social Services, John Guhin, Asst. Atty. Gen., Dept. of Water & Natural Resources, Brent A. Wilbur, May, Adam, Gerdes & Thompson, Pierre, S.D., for State defendants.

David L. Zuercher, Asst. U.S. Atty., Pierre, S.D., for Federal defendants.

MEMORANDUM OPINION

DONALD J. PORTER, Chief Judge.

Dear Counsel:

A motion for summary judgment was filed in this action by the plaintiffs raising the question of first impression of whether South Dakota's policy of categorically denying Indians benefits under the Aid to Families with Dependent Children (AFDC) program because a stepparent resides in the home violates the Social Security Act. Because there is no "State law of general applicability"...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases