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FOR THE
DISTRICT OF COLORADO
CIVIL ACTION FILE NO. C-3277
MARTINA AGUIRRE, JOE ROMERO, ABRELIA ROMERO , and
MARY L. MACKEY, individually and on behalf of all other
persons similarly situated,
Plaintiffs,
vs.
GLENN K. BILLINGS, MARSHALL ANDERSON, and HARRY S. ASHLEY,
individually and as Members of the Weld County Board of
Public Welfare and the Weld copmTaleoard of County
Commissioners; HAROLD ANDERSON, individually and as a SUMMONS
former member of the Weld Count Board of Public Welfare
and the Weld County Board of County Commissioners; and
FRANCIS M. LOUSTALET, individually and as the Treasurer
of Weld County; CON F. SHEA, individually and as Executiv
Director of the Department of Social Services, State of
Colorado; CHARLINE BIRKINS, individually and as Director
of the Colorado State Division of Public Welfare; WILLIE
ANTHONY, ERNEST J. BLOEDORN, MANUEL M. DIAZ, JOHN L. HALE. ,
JAMES A. HENDERSON, KEITH mrkTaLANntGAIL F. OUREN, HENRY
TUPPER, JAMES VINCENT, individually and as constituting
the Colorado State Board of Social Services,
To the above named Defendant s :
You are hereby summoned and required to serve upon
A. Andrew Borg Jean Dubofsky
Wilfred R. Mann William D. Prakken
1502 - 9th Avenue 970 Aurora, P. 0. Drawer 929
Greeley, Colorado Boulder, Colorado
plaintiff's attorneys , ➢ 4Ra . S ?8 a
and file with the Cleric of this Court
an answer to the complaint which is herewith served upon you, within 20 days after service of this
summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be
taken against you for the relief demanded in the complaint.
G. WALTER BOWMAN
--------------------------------------------
-- Clerk of Court.
` Deputy Clerk.
Date: July 21, 1971 [Seal of Court]
Note:—This summons Is issued pursuant to Rule 4 of the Federal Rules of Civil Procedure.
S COC%&)
710533
FILED
United States District Cot.
IN THE UNITED STATES DISTRICT COURT Denver, Colorado
FOR THE DISTRICT OF COLORADO JUL 2 1 1971
G. WALTER BOWMAN
Civil Action No. CLERK
MARTINA AGUIRRE, JOE ROMERO, ABRELIA ,ter 3 2
ROMERO, and MARY L. MACKEY, individually
and on behalf of all other persons )
similarly situated, )
Plaintiffs, )
vs. )
)
GLENN K. BILLINGS, MARSHALL ANDERSON, and )
HARRY S. ASHLEY, individually and as )
Members of the Weld County Board of Public )
Welfare and the Weld County Board of )
County Commissioners; HAROLD ANDERSON, ) COMPLAINT
individually and'as a former member of the )
Weld County Board of Public Welfare and )
the Weld County Board of County Commissioners; )
and FRANCIS M. LOUSTALET, individually )
and as the Treasurer of Weld County; CON F. )
SHEA, individually and as Executive Director )
of the Department of Social Services , State of )
Colorado; CHARLINE BIRKINS, individually and
as Director of the Colorado State Division of
Public Welfare; WILLIE E. ANTHONY, ERNEST J . )
BLOEDORN, MANUEL M. DIAZ, JOHN L. HALEY, JAMES )
A. HENDERSON, KEITH McBURNEY, GAIL F. OUREN, )
HENRY J. TUPPER, JAMES VINCENT, individually )
and as constituting the Colorado State Board )
of Social Services, )
Defendants. )
JURISDICTION
I.
This is an action for injunctive and declaratory relief
authorized by Title 42 U.S.C. §§1983-88 to redress the deprivation under
• color of state law of rights, privileges and immunities secured to
plaintiffs and the class of persons they represent by the Constitution
of the United States , by the Social Security Act, 42 U.S.C. §§601, et
seq. , 1351 et seq. , 301 et seq. , 1201 et seq. ; and by Colo. Rev. Stat.
§§119-1-1 et seq. Jurisdiction is conferred upon this Court by 28 U.S.C.
§1343 which provides for original jurisdiction of this Court in suits
authorized under 42 U.S.C. §§ 1983-88. Jurisdirtion is further conferred
on this Court by 28 U.S.C. §§2201 and 2202 relating to declaratory
judgments, and by 28 U.S.C. 5§1331.
FACTUAL ALLEGATIONS
II .
The plaintiffs are the following:
(a) MARTINA AGUIRRE is 23 years of age and has three children
ages 5, 3 and 2. She is separated from her husband. She receives Aid
to Dependent Children benefits in the amount of $235 .00 per month. Her
husband pays child support in the amount of $25.00 per week, which pay-
ments are remitted to the Director of the Weld County Department of Public
Welfare. She receives no other income and has no other source of income.
She is a resident of the County of Weld and State of Colorado and resides
at 1918-6th Street, Greeley, Colorado.
(b) JOE ROMERO and ABRELIA ROMERO are husband and wife and
have two children, ages 18 and 16. Joe Romero is 58 years of age and
blind. He receives Aid to the Blind benefits in the amount of $62 .00
per month . Abrelia Romero is 55 years of age and suffers from anemia,
diabetes and arthritis . She receives Aid to Dependent Children benefits
for the benefit of herself and the two children of $140.00 per month.
Joe Romero and Abrelia Romero receive no other income and have no other
sources of income. They are residents of the County of Weld and the
State of Colorado and reside at 728 McKinney, Ft. Lupton, Colorado .
(c) MARY L. MACKEY is 23 years of age and has two children
ages 4 and 2. She is separated from her husband. She receives Aid to
Dependent Children benefits for the benefit of herself and her two child-
ren in the amount of $194.00 per month. She receives no other income
and has no other source of income. She is a resident of the County of
Weld and State of Colorado and resides at Rt. 1 , Box 22-A, Eaton, Colorado.
(d) All other persons , residents of Weld County, Colorado, who
have been and would continue to be or will be entitled to welfare cate-
gorical assistance but for the failure of defendants to budget sufficient
funds to continue Weld County's statutorily required participation in
categorical assistance programs . Each member of the class has an undivided
interest in the Weld County welfare funds.
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III .
The named plaintiffs fairly and adequately represent the class
of Weld County residents described in paragraph II(d) above, on whose
behalf they sue, and the persons constituting said class are so numerous
as to make it impractical to bring them all before this Court. There
are common questions of law and fact, and plaintiffs' claims are typical
of the claims of the class . The defendants opposing the class have
acted on grounds generally applicable to the class .
IV.
The defendants are:
(a) GLENN K. BILLINGS, MARSHALL ANDERSON, and HARRY S. ASHLEY
who comprise the 'Weld County Board of Public Welfare, each of whom
serves as a Weld County Commissioner, and who are charged as trustees
with the Administration of the County Public Welfare Fund pursuant to
Colo. Rev. Stat. §119-3-4 (1963, as amended, 1971 ) ; and
(b) HAROLD ANDERSON who served as a Weld County Commissioner
and member of the Weld County Board of Public Welfare pursuant to Colo.
Rev. Stat. §119-3-4 (1963) at the time the Weld County welfare budget for
1971 was adopted; and
(c) Francis Loustalet who serves as Weld County Treasurer,
and as such is the custodian of the Weld County Public Welfare Fund
pursuant to Colo. Rev. Stat. §119-3-4(2) (1963, as amended, 1971 ) ; and
(d) CON F. SHEA, Executive Director of the Colorado Department
of Social Services and a resident of the State of Colorado; and
(e) CHARLINE BIRKINS, Deputy Director of the Colorado Depart-
ment of Social Services and Director of the Colorado Division of Public
Welfare and a resident of the State of Colorado; and
(f) ERNEST J. BLOEDORN, MANUEL M. DIAZ, JOHN L. HALEY, JAMES
A. HENDERSON, KEITH McBURNEY, GAIL F. OUREN, HENRY J . TUPPER, WILLIE E.
ANTHONY, and JAMES H. VINCENT, who comprise the Colorado State Board of
-3-
Social Services, each of whom is duly appointed thereto and is a resident
of the State of Colorado.
(g) All of the defendants are citizens of the United States
and residents of Colorado.
(h) The foregoing defendants are charged in varying respects
under the Statutes of the United States and the State of Colorado with
the enactment, administration, enforcement, operation and execution of
statutes, regulations, rules, policies and procedures relating to the
Public Assistance, Medicaid and Social Security programs in the State
of Colorado and County of Weld.
V.
•
On information and belief, Weld County will not be able to pay
its share of categorical assistance after July 31 , 1971 , because it has
exhausted funds appropriated by the Defendants BILLINGS, M. ANDERSON,
H. ANDERSON, and ASHLEY. Defendants BILLINGS, M. ANDERSON, H. ANDERSON,
and ASHLEY intentionally under-budgeted for estimated categorical welfare
assistance needs during calendar year 1971 . The estimated preliminary
Weld County budget for 1971 was $5,442,712. The final budgetfor 1971
was $2,941 ,748. Defendants BILLINGS, M. ANDERSON, H. ANDERSON, and
ASHLEY under-budgeted for welfare assistance with full knowledge that
their actions could deprive plaintiffs and the class they represent of
federal , state and county funds to which they are statutorily entitled
and which funds comprise their source of livelihood . Defendant BILLINGS
informed the Colorado Board of Social Services at its meeting on July 1 ,
1971 , that Weld County would not pay its share of any categorical assist-
ance after July 31 , 1971 . Colo. Rev. Stat. §119-1 -5(1 )(a) and (c) give
the State of Colorado the power to discontinue state and federal financial
assistance to any county not meeting its share of the monthly welfare
payroll . Without their customary welfare checks, plaintiffs have no means
of meeting their daily food, shelter, clothing, medical and personal
needs. Weld County's failure to meet its statutory financial obligations
will affect immediately Aid to Families with Dependent Children (including
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,..,
families with unemployed fathers and the WIN program) , Aid to the Needy
Disabled, Aid to the Blind, Child Welfare, Day Care, and county admini -
strative expenses . On information and belief, Weld County, after July
31 , 1971 , will not make any payments from its General Assistance fund ;
therefore, there will be no alternative welfare funds available in Weld
County. Plaintiffs and the class they represent will be immediately
and irreparably harmed by the lack of welfare assistance.
VI .
Fourteen counties in Colorado have sought permission pursuant
to Colo. Rev. Stat. §119-3-6 (1963) to exceed their maximum welfare
tax levy. All fourteen counties have been granted permission and
several of the counties have levied taxes at more than twice the statu-
tory limit. Defendants BILLINGS, M. ANDERSON, H. ANDERSON, and ASHLEY
have failed to seek permission to exceed their statutory welfare levy
of three mills.
•
VII .
The Defendant members of the State Board of Social Services
voted unanimously on July 1 , 1971 , to adopt a resolution allocating the
approximately $400,000 in distressed counties funds appropriated
pursuant to Colo. Rev. Stat. §119-3-12 to those counties with an average
per capita income of $2,015 or less . The State of Colorado has received
requests totalling $1 .3 million from counties claiming welfare budget
distress . Since the Weld County per capita adjusted gross income is
$2,144, Weld County will not be eligible for distressed county funds .
VIII .
On information and belief, Defendants SHEA and BIRKINS have
indicated that their interpretation of Colo. Rev . Stat . §§119-1-15,
119-9-13, 119-6-22 and 16-2-23 allowing the state to reimburse the
counties for 80% of their welfare expenses in certain categories and
for administration will prevent them from providing funds to Weld
-5-
County if the County cannot meet its welfare payroll , and that they do
not intend to pay any money to the County. Under Colo. Rev. Stat.
§§119-1-8 and 119-9-2(c) (1969) , the defendant state officials are
charged with the administration of the state plan for categorical assist-
ance. If that state plan is not in effect in all political subdivisions,
defendants have violated federal statutes (as set out infra .) .
IX.
Federal statutes (as set out infra .) provide that a state
welfare plan must be in effect in all political subdivisions in the
state. If Weld County fails to participate in the state plan, the fed-
eral remedy is to' cut off all welfare and Medicaid funds to Colorado.
The federal financial participation received for public welfare and
Medicaid in Colorado in 1971 is about $140,000,000. Federal funds pro-
vide 56.24% of Class A--Old Age Pensions, Aid to the Blind, Aid to the
Needy Disabled, Aid to Families with Dependent Children, and Medi-
caid; and 75% of Day Care. Defendants ' actions could cause the more
than 200,000 welfare recipients in Colorado to lose from more than
half to all of their only available means to meet daily food, shelter,
clothing, medical and personal needs . The State of Colorado contracts
with the federal government by submitting a state plan for acceptance;
welfare recipients are beneficiaries of the contract.
STATUTORY AND CONSTITUTIONAL BASIS
X.
The Social Security Act provides that "A State plan for aid . . .
/"to needy families with children," "to the permanently and totally dis-
abled," "to the blind," "for medical assistance," and "for old-age
assistance and medical assistance for the aged," ? . . .must provide that
it shall be in effect in all political subdivisions of the State, and,
if administered by them, be mandatory upon them." 42 U.S.C. § 602(a) (1) ,
1352(a)(1) , § 302(a) (1) , § 1396a(a)(i ) and § 1202(a) (1) .
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XI .
Colo. Rev. Stat. § 119-1-15 (1963, as amended, 1971) provides
that "If the county departments are administered in accordance with the
policies and rules of the department for the administration of county
departments, eighty percent of the administrative costs of the county
departments shall be advanced or reimbdrsed to the county by the state
treasurer from funds appropriated or made available for such purpose ."
Colorado statutes for Aid to Dependent Children, Colo. Rev. Stat.
§ 119-9-13 (1963, as amended, 1969) , Aid to the Needy Disabled, Colo.
Rev. Stat. § 119-6-22
XII .
Colo. Rev. Stat. SC 119-9-2(c) (1963, as amended, 1969) provides
" . . .All rules and regulations made by the state board shall be binding
on the counties and shall be complied with by the respective county
departments." Colorado counties are administrative subdivisions of the
State. Colo. Const. Art. XIV, Sec. 2 . The duty of the Defendants as
the Weld County Board of Public Welfare pursuant to Colo. Rev . Stat.
§119-9-8 (1963) and other public assistance programs is to make an award
for each recipient eligible under State law and Department rules.
XIII .
42 U.S.C. § 1983 - 1988, the Civil Rights Acts , make every
person, or two or more conspiring persons .who, under color of any State
law or regulation, deprive another of rights , privileges or immunities
secured by the Constitution and laws, liable for the injuries caused. In
that Defendants have caused welfare recipients in Weld County to be treated
differently from all other similar welfare recipients in Colorado and
have deprived Weld County welfare recipients of funds to which they are
lawfully entitled, Defendants have denied to Plaintiffs Equal Protection
and Due Process of Law as guaranteed by the Fourteenth Amendment to the
United States Constitution .
7.
RELIEF REQUESTED
XIV .
Defendants ' actions depriving Plaintiffs of welfare benefits
are contrary to the United States Constitution, the Social Security Act;
and Colorado welfare statutes, and related rules and regulations , both
on the face and as interpreted and applied by the Defendants to the
Plaintiffs:
(a) Defendants ' actions deprive Plaintiffs of Equal Protec-
tion and Due Process as guaranteed by the Fourteenth Amendment to the
Consitution of the United States;
(b) Defendants ' actions deprive Plaintiffs of welfare programs
to which they are entitled under 42 U.S.C . §§601 , et seq. , 1351 et seq ,
301 et seq. and 1201 et seq. by violating 42 U .S.C . §§602 (a)(1 ), 1352
(a)(1 ) , 302 (a)(1 ) , 1396a(a)(i) and 1202 (a)(1 ) , which provide that a
state welfare plan must be in effect in all political subdivisions of
the state;
(c) Defendants ' actions violate Colo. Rev. Stat. §§119-1 -15,
119-9-13, 119-6-22, and 16-2-23 which obligate each county in Colorado to
pay 20% of the amount expended for welfare assistance and administration;
(d) Defendants ' actions violate Plaintiffs ' rights under the
federal-state contract to provide welfare benefits to Plaintiffs and the
class they represent in accordance with the state plan.
WHEREFORE, Plaintiffs respectfully pray that this Court:
1 . Assume jurisdiction of this cause.
2. Enter a temporary restraining order and/or a preliminary
injunction restraining Defendants and their agents from denying welfare
benefits to Plaintiffs and the class they represent.
3. Enter a declaratory judgment pursuant to 28 U .S.C . §§2201
and 2202 and Rule 57 of the Federal Rules of Civil Procedure declaring
Defendants' actions illegal and unconstitutional .
4. Permanently enjoin, after full hearing, Defendants and their
agents from denying welfare benefits at present levels to Plaintiffs and
the class they represent and from refusing to accept new applications for
assistance and make the payments when indicated.
8.
5. Grant damages to Plaintiffs and the class they represent
in the amount of welfare benefits to which they are entitled and $10,000
to each named Plaintiff for the mental suffering and concern about the
loss of their only source of livelihood.
6. Grant to the named Plaintiffs punitive damages against
Defendants Billings, M. Anderson, H. Anderson, and Ashley in the amount
of $2,000 from each under 42 U.S.C. §C 1983 and 1985.
7. For such other and further relief as to the Court seems
just and proper.
i
Respectfully submitted,
A. Andrew Borg
`,Jfzezic ec / (�7t-7-✓
Wilfr$;d R. Mann
1502 - 9th Avenue
Greeley, Colorado
353-7554
J n 'Dubofsky G (3/Cf� 1y' /,'7
William D. Prakken
970 Aurora, P.O. Drawer 929
Boulder, Colorado
442-8763 Attorneys for Plaintiffs
9.
r-
AFFIDAVITS OF VERIFICATION
I , Joe Romero, being duly sworn, hereby depose and say that
I am a plaintiff in this action, that the complaint has been read to me,
that I understand the general nature of -this action, and that the factual
statements that relate to me are true.
Name
J-
Oti
Subscribed and sworn to before me this ,g l� day of July, 1971 .
My commission expires 1:', . to:11m!�::c.n expires July 12, 1973 .
.PY::4:4 6/4/ ?)_!) i /Oh -17/
,Notary Public
AFFIDAVITS OF VERIFICATION
STATE OF COLORADO ) ss
COUNTY OF WELD )
•
I, Abrelia Romero, being duly sworn, hereby depose and say
that I am a plaintiff in this action, that I have read the complaint, that
I understand the general nature of the action, and that the factual
statments that relate to me are true.
Name
Subscribed and sworn to before me this [-0 day of July, 1971 .
My commission expires t"1 Lw"ir,"ss.oa mires f413, 1974
Notary Public
r
AFFIDAVITS OF VERIFICATION
STATE OF COLORADO ) ss.
COUNTY OF WELD ) •
I, Mary L. Mackey, being duly sworn, hereby depose and say
that I am a plaintiff in this action, that I have read the complaint,
that I understand the general nature of the action, and that the factual
statements that relate to me are true.
Name ----1
C C
Subscribed and sworn to before me this /9 day of July, 1971 .
My commission expires / J fjue —N-
Notary Public
AFFIDAVITS OF VERIFICATION
STATE OF COLORADO ) ss.
COUNTY OF WELD )
I, Martina Aguirre, being duly sworn, hereby depose and say
that I am a plaintiff in this action, that I have read the complaint,
that I understand the general nature of 'the action, and that the factual
statements that relate to me are true.
• (-6 _.- C.
Name
•
Subscribed and sworn to before me this .--0 day of July, 1971 ,
My commission expires h'Iy C3nmissioa expires kg.13, 1974
Notary Public
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