Ebert
Ebert v. Arnold-Williams
Opinion
Lead Opinion
MEMORANDUM **
George Ebert represents a class of Supplemental Security Income (“SSI”) recipients who bring this action to challenge the program of the State of Washington for distribution of State Supplementary Payments (“SSP”), which supplement payments received by certain SSI recipients. 1 Ebert contends that Washington’s program fails to comply with federal laws and regulations governing the SSI program. He asserts that members of his class will benefit from SSP payments if the present Washington program is held invalid. Ebert seeks declaratory and injunctive relief under the Declaratory Judgment Act, 28 U.S.C. § 2201 , and the Civil Rights Act, 42 U.S.C. § 1983 , against Robin Arnold-Williams, the state official charged with implementation of Washington’s program. The district court granted summary judgment to the State of Washington on the ground that Ebert lacked standing under 42 U.S.C. § 1983 or the Supremacy Clause. On appeal, Ebert abandons his section 1983 claim and argues only that he has standing to bring a federal preemption claim under the Supremacy Clause and asks us to consider the merits of that claim. We affirm the district court’s dismissal of this claim…