Monica Navarro Pimentel v Susan Dreyfus

Good Law
670 F.3d 1096·89 A.L.R. Fed. 2d 603·2012 WL 639302·2012 U.S. App. LEXIS 4097
United States Court of Appeals for the Ninth CircuitFebruary 29, 201211-35237California7,410 words

Opinion

Opinion

Plaintiff Monica Navarro Pimentel (“Pimentel”) represents a class of legal immigrants in the state of Washington adversely affected by its recent termination of a state-funded food assistance program for legal immigrants, which exclusively benefited Washington resident aliens who became ineligible for federal food stamps following the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Pimentel contends that the state, by eliminating food assistance to class members while continuing to administer federal food assistance to U.S. citizens and certain qualified aliens, violates the Fourteenth Amendment’s Equal Protection Clause and, by failing to provide class members adequate pre-deprivation notice and opportunity to be heard, also violates the Fourteenth Amendment’s Due Process Clause. The district court granted preliminary injunctive relief on both counts, enjoining the state from terminating or reducing state-funded food assistance for class members and ordering the state to provide certain class members individualized determination notices before terminating or reducing their benefits. Susan Dreyfus (“Dreyfus”), in her capacity as…

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