Alexander v. Glickman

139 F.3d 733 (1997)

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Alexander v. Glickman

United States Court of Appeals for the Ninth Circuit
139 F.3d 733 (1997)

Facts

Section 2014(g) of the Food Stamp Act (the act) provides that a household with more than $2,000 in financial resources must be found ineligible for the food-stamp program. Subsection (g)(2), adopted in 1977 by the secretary of the US Department of Agriculture (the secretary) (defendant), includes in the definition of financial resources any household vehicle used for transportation, but only to the extent that the vehicle’s fair market value exceeds $4,500. Robin Alexander (plaintiff) applied for food stamps for her household, which included the father of Alexander’s children, Scott Bannister. The application was denied because Bannister owned a truck worth $6,625. The $2,125 difference between the value of the truck and the prescribed $4,500 figure exceeded the $2,000 cap on financial resources for eligible households. In 1993, Alexander sued the secretary, contending that the truck should not have been included in the financial-resource calculations due to an existing $8,300 lien on the truck. Alexander argued that the truck constituted an “inaccessible resource” under the regulations. The district court found in Alexander’s favor. Thereafter, the secretary enacted a regulation stating that a vehicle cannot be considered an inaccessible resource and appealed the district court’s judgment.

Rule of Law

Issue

Holding and Reasoning (Boochever, J.)

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