Largo v. Sunn

835 F.2d 205 56 USLW 2388 Malladene LARGO, Plaintiff-Appellant, v. Franklin SUNN, individually and in his official capacity as Director of the Department of Social Services and Housing, State of Hawaii, Defendant-Appellee. No. 87-1748. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 2, 1987. Decided Dec. 23, 1987. John Ishihara, Legal Aid Society of Hawaii, Honolulu, Hawaii, for plaintiff-appellant. Thomas D. Farrell, Deputy Atty. Gen., Honolulu, Hawaii, for defendant-third party plaintiff-appellee. Janet Isak Hawley, HHS, Family Support and Human Development Services Div., Washington, D.C., for appellee-third party defendant. Michael Chun, U.S. Atty. Gen., Honolulu, Hawaii, for third-party defendant-appellee. Appeal from the United States District Court for the District of Hawaii. Before BROWNING, WRIGHT, and LEAVY, Circuit Judges. EUGENE A. WRIGHT, Circuit Judge: 1 We must decide whether 42 U.S.C. Sec. 602 (a)(18) (Supp.III 1985) prohibits a state from determining eligibility for aid to families with dependent children on the basis of a standard of need that may vary among families of the same composition. I. 2 Under Hawaii's Department of Social…