Simer v. Rios
United States Court of Appeals for the Seventh Circuit
661 F.2d 655 (1981), cert denied, 456 U.S. 917 (1982)
- Written by Salina Kennedy, JD
Facts
The Community Services Administration (administration) (defendant) administered the Crisis Intervention Program (program). The program was funded pursuant to the Emergency Energy Conservation Services Program (EECSP), 42 U.S.C. § 2809(a)(5), and one of the program’s functions was to help individuals with their utility bills. A recipient was required to show a utility shut-off notice to qualify for assistance. Eight individuals and the Gray Panthers of Chicago (Gray Panthers) (plaintiffs) filed a class-action suit against the administration, alleging that the shut-off-notice requirement violated the terms of the EECSP, which prohibited basing assistance solely on failure to pay utility bills. The complaint defined the class of plaintiffs as “those individuals eligible for [program] assistance but who were denied assistance or who were discouraged from applying because of the existence of the invalid regulation promulgated by [the administration].” The district court denied class certification on the grounds that the action would be unmanageable. The Gray Panthers appealed, and the United States Court of Appeals for the Seventh Circuit agreed that the action would be unmanageable but focused on the definability of the class of plaintiffs.
Rule of Law
Issue
Holding and Reasoning (Wood, J.)
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