Lackner

MEMORANDUM OF DECISION

This is a class action, brought under 42 U.S.C. § 1983 , by a permanent resident alien of the United States, seeking to enjoin the defendant, Director of the California Department of Social Welfare, from enforcing Calif.Wei. & Inst.Code § 14005.6(a)(3), which, when this action was filed, conditioned eligibility for Medi-Cal health care services under Calif. Wei. & Inst.Code § 14005 upon the applicant being either 1) a citizen of the United States, 2) a person who has been legally present in the United States for a period of five years immediately preceding the date of application for Medi-Cal coverage, or 3) a person who has applied for citizenship. 1971 Calif.Stats. ch. 577, § 12.

In our previous decision of June 29, 1972, our three judge court found the eligibility requirements of § 14005.6(a)(3) to be unconstitutional as denying equal protection of the law under the Fourteenth Amendment, and certified the action as a class action. Jen Cuk v. Brian, 355 F.Supp. 133 (N.D.Cal. 1972). We also concluded that the defendant should be enjoined from enforcing the eligibility requirements of § 14005.6(a)(3) and that the defendant should take such steps as this…