Daniel v. Goliday, 398 U.S. 73 <I>(per curiam)</I> (1970)

U.S. Supreme Court, (May 25, 1970)

Docket number: 1211

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  • U.S. Supreme Court - Daniel v. Goliday, 398 U.S. 73 <I>(per curiam)</I> (1970)
  • U.S. Court of Appeals for the 1st Cir. - Enrique Velazco Et Al., Plaintiffs, Appellants, v. Steven A. Minter, Etc., Defendant, Appellee., 481 F.2d 573 (1st Cir. 1973)
  • U.S. Court of Appeals for the 5th Cir. - Angela Barrett, a Minor Child, Through Her Guardian Lucila Hollander, Individually and on Behalf of all Other Persons Similarly Situated, Plaintiffs- Appellants, v. Emmett Roberts, Individually and in His Capacity as Secretary of the Department of Health and Rehabilitative Services, Et Al., Etc., Defendants- Appellees., 551 F.2d 662 (5th Cir. 1977)
  • U.S. Court of Appeals for the 2nd Cir. - Maria Almenares Et Al., Plaintiffs-Appellees, v. George K. Wyman, Commissioner of Social Services for the State of New York, Individually and in His Official Capacity, and Jule Sugarman, Commissioner of Social Services for the City of New York, Individually, in His Official Capacity, and on Behalf of all Other Local Commissioners of Social Services in the State of New York, Individually and in Their Official Capacities, Defendants-Appellants., 453 F.2d 1075 (2nd Cir. 1972)

    • Text:

    U.S. Supreme Court DANIEL v. GOLIDAY, 398 U.S. 73 (1970) 398 U.S. 73

    DANIEL, DIRECTOR, COOK COUNTY DEPARTMENT OF PUBLIC AID, ET AL. v. GOLIDAY ET AL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OFILLINOIS No. 1211. Decided May 25, 1970

    District Court should consider bearing of Goldberg v. Kelly, 397 U.S. 254, and Wheeler v. Montgomery, 397 U.S. 280, on question of entitlement of welfare recipients to notice and hearing before reduction of benefits.

    305 F. Supp. 1224, vacated and remanded.

    PER CURIAM.

    The court below has held that the Due Process Clause of the Fourteenth Amendment requires a State to provide a recipient of public welfare benefits with notice and a hearing prior to "termination, suspension, or reduction" of benefits. This Court's subsequent decisions in Goldberg v. Kelly, 397 U.S. 254, and Wheeler v. Montgomery, 397 U.S. 280, decided March 23, 1970, dealt only with termination and suspension, not reduction, of benefits. We think that the bearing of those decisions on the treatment of benefit reductions should be determined in the first instance by the District Court on a record developed by the parties with specific attention to that issue. Accordingly, the judgment is vacated and the case is remanded to the District Court for further proceedings in conformity with this opinion.

    THE CHIEF JUSTICE, MR. JUSTICE BLACK, and MR. JUSTICE STEWART dissent.

    [Page 398 U.S. 73, 74]


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