Case: Shvartsman v. Callahan

1:97-cv-05229 | U.S. District Court for the Northern District of Illinois

Filed Date: July 28, 1997

Closed Date: 1997

Clearinghouse coding complete

Case Summary

On July 28, 1997, attorneys with the National Senior Citizens Law Center, the Poverty Law Project, the National Immigration Law and the Center SSI Coalition for a Responsible Safety Net filed a class action lawsuit in United States District Court for the Northern District of Illinois, challenging provisions of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ("Welfare Reform Act"), 8 U.S.C. §§ 1601 et seq., which denied food stamps to certain lawful resident aliens. …

On July 28, 1997, attorneys with the National Senior Citizens Law Center, the Poverty Law Project, the National Immigration Law and the Center SSI Coalition for a Responsible Safety Net filed a class action lawsuit in United States District Court for the Northern District of Illinois, challenging provisions of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ("Welfare Reform Act"), 8 U.S.C. §§ 1601 et seq., which denied food stamps to certain lawful resident aliens. Prior to the enactment of the Welfare Reform Act, permanent resident aliens had been entitled to receive cash and food stamp benefits under the Supplemental Social Security Income program ("SSI"), 42 U.S.C. §§ 1381 et seq., and the Food Stamp Program, 7 U.S.C. §§ 2011 et seq. After the Act, the states were required to recertify the eligibility of recipients to continue receiving food stamps. Legal immigrants who did not qualify for any of the statutory exceptions to the new citizenship requirement would be ineligible to receive food stamps until they were granted citizenship status. Plaintiffs claimed that those transition procedures violated their rights secured by the Due Process Clause of the Fifth Amendment by depriving them of a full and fair opportunity to recertify for eligibility before INS rules on their citizenship applications.

Plaintiffs moved for certification of a national class and for a preliminary injunction. The government opposed class certification and injunctive relief and, in turn, moved for summary judgment.

On August 28, 1997, the District Court (Judge Suzanne B. Conlon) granted plaintiffs' motion for class certification in part and denied in part. The Court denied plaintiffs' motion for preliminary injunction on behalf of the food stamp class is denied and granted summary judgment in favor of the defendants. The basis for the Court's rulings was set forth in a memorandum, opinion and order dated September 11, 1997. Shvartsman v. Callahan, 1997 WL 573404 (N.D.Ill. 1997). Plaintiffs appealed.

The Seventh Circuit Court of Appeals, (Circuit Judge Flaum) affirmed, holding that plaintiffs did not have a protected property interest in recertification procedures for receiving food stamps. The court also upheld the court's refusal to certify a national class. Shvartsman v. Apfel, 138 F.3d 1196 (7th Cir. 1998).

Summary Authors

Dan Dalton (11/5/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10405915/parties/shvartsman-v-callahan/

Documents in the Clearinghouse

1:97-cv-05229

Docket (PACER)

May 13, 1998

May 13, 1998

Docket
50

1:97-cv-05229

Memorandum Opinion and Order

Sept. 11, 1997

Sept. 11, 1997

Order/Opinion

1997 U.S.Dist.LEXIS 13954

97-03364

Opinion

Shvartsman v. Callahan

U.S. Court of Appeals for the Seventh Circuit

March 16, 1998

March 16, 1998

Order/Opinion

138 F.3d 1196

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10405915/shvartsman-v-callahan/

Last updated Oct. 24, 2026, 5:57 a.m.

Docket for: Shvartsman v. Callahan
ECF Number Date Description Link
1 July 24, 1997

RECEIVED COMPLAINT with 5 copies. (fce) (Entered: 07/25/1997)

RECAP
2 July 24, 1997

CIVIL cover sheet. (fce) (Entered: 07/25/1997)

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3 July 24, 1997

APPLICATION by Sarra Shvartsman to proceed in forma pauperis (fce) (Entered: 07/25/1997)

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4 July 24, 1997

APPLICATION by Leonid Teper to proceed in forma pauperis (fce) (Entered: 07/25/1997)

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5 July 24, 1997

APPLICATION by Inna Fridman to proceed in forma pauperis (fce) (Entered: 07/25/1997)

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6 July 24, 1997

APPLICATION by Caratina Marquez to proceed in forma pauperis (fce) (Entered: 07/25/1997)

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7 July 24, 1997

APPLICATION by Rosa A Barrera de Perez to proceed in forma pauperis (fce) (Entered: 07/25/1997)

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8 July 24, 1997

APPLICATION by Leonidas Perez to proceed in forma pauperis (fce) (Entered: 07/25/1997)

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9 July 24, 1997

APPLICATION by Genya Shmelevich to proceed in forma pauperis (fce) (Entered: 07/25/1997)

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10 July 24, 1997

APPLICATION by Iakov Schmelevich to proceed in forma pauperis (fce) (Entered: 07/25/1997)

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11 July 24, 1997

APPLICATION by Nhol Lim to proceed in forma pauperis (fce) (Entered: 07/25/1997)

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12 July 24, 1997

APPLICATION by Loeuk Roeun to proceed in forma pauperis (fce) (Entered: 07/25/1997)

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13 July 24, 1997

APPLICATION by Grazyna Klincewicz to proceed in forma pauperis (fce) (Entered: 07/25/1997)

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14 July 24, 1997

APPLICATION by Yer Yang to proceed in forma pauperis (fce) (Entered: 07/25/1997)

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15 July 24, 1997

APPLICATION by Ger Thao to proceed in forma pauperis (fce) (Entered: 07/25/1997)

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16 July 24, 1997

APPLICATION by Procoro Sifuentes to proceed in forma pauperis (fce) (Entered: 07/25/1997)

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17 July 24, 1997

APPLICATION by Fai Dang Yang to proceed in forma pauperis (fce) (Entered: 07/25/1997)

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18 July 24, 1997

ATTORNEY APPEARANCE for plaintiffs by John Bouman, Daniel Lesser, Sue Augustus, Thomas Yates, Gerald A. McIntyre, Herbert Semmel and Linton Joaquin. (fce) (Entered: 07/25/1997)

RECAP
26 July 25, 1997

MOTION by plaintiffs for class certification ; Notice of motion for class certification (Temporarily unavailable for docketing.) (kmt) Modified on 08/26/1997 (Entered: 08/19/1997)

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27 July 25, 1997

MOTION by plaintiff for preliminary injunction on behalf of the food stamp class ; Notice of motion for preliminary injunction (Temporarily unavailable for docketing.) (kmt) Modified on 08/26/1997 (Entered: 08/20/1997)

RECAP
28 July 25, 1997

DECLARATION by plaintiff Shvartsman regarding motion for preliminary injunction on behalf of the food stamp class [27-1] (Temporarily unavailable for docketing.) (fce) (Entered: 08/28/1997)

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29 July 25, 1997

DECLARATION by plaintiff Teper regarding motion for preliminary injunction on behalf of the food stamp class [27-1] (Temporarily unavailable for docketing.) (fce) (Entered: 08/28/1997)

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30 July 25, 1997

DECLARATION by plaintiff Fridman regarding motion for preliminary injunction on behalf of the food stamp class [27-1] (Temporarily unavailable for docketing.) (fce) (Entered: 08/28/1997)

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31 July 25, 1997

DECLARATION by plaintiff Marquez regarding motion for preliminary injunction on behalf of the food stamp class [27-1] (Temporarily unavailable for docketing.) (fce) (Entered: 08/28/1997)

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32 July 25, 1997

DECLARATION by plaintiff Perez regarding motion for preliminary injunction on behalf of the food stamp class [27-1] (Temporarily unavailable for docketing.) (fce) (Entered: 08/28/1997)

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33 July 25, 1997

INTERPRETER TIM BELL'S DECLARATION regarding declaration [32-1] (Temporarily unavailable for docketing.) (fce) (Entered: 08/28/1997)

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34 July 25, 1997

DECLARATION by plaintiff Barrera de Perez regarding motion for preliminary injunction on behalf of the food stamp class [27-1] (Temporarily unavailable for docketing.) (fce) (Entered: 08/28/1997)

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35 July 25, 1997

INTERPRETER TIM BELL'S DECLARATION regarding declaration [34-1] (Temporarily unavailable for docketing.) (fce) Modified on 08/28/1997 (Entered: 08/28/1997)

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36 July 25, 1997

DECLARATION by plaintiff Iakov Schmelevich regarding motion for preliminary injunction on behalf of the food stamp class [27-1] (Temporarily unavailable for docketing.) (fce) (Entered: 08/28/1997)

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37 July 25, 1997

DECLARATION by plaintiff Genya Shmelevich regarding motion for preliminary injunction on behalf of the food stamp class [27-1] (Temporarily unavailable for docketing.) (fce) (Entered: 08/28/1997)

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38 July 25, 1997

DECLARATION by plaintiff Lim regarding motion for preliminary injunction on behalf of the food stamp class [27-1] (Temporarily unavailable for docketing.) (fce) (Entered: 08/28/1997)

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39 July 25, 1997

DECLARATION by plaintiff Roeun regarding motion for preliminary injunction on behalf of the food stamp class [27-1] (Temporarily unavailable for docketing.) (fce) (Entered: 08/28/1997)

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40 July 25, 1997

DECLARATION by plaintiff Klincewicz regarding motion for preliminary injunction on behalf of the food stamp class [27-1] (Temporarily unavailable for docketing.) (fce) (Entered: 08/28/1997)

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41 July 25, 1997

INTERPRETER MARGE BULKOWSKI'S DECLARATION regarding declaration [40-1] (Temporarily unavailable for docketing.) (fce) (Entered: 08/28/1997)

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42 July 25, 1997

DECLARATION by plaintiff Yang regarding motion for preliminary injunction on behalf of the food stamp class [27-1] (Temporarily unavailable for docketing.) (fce) (Entered: 08/28/1997)

RECAP
43 July 25, 1997

INTERPRETER GE YANG'S DECLARATION regarding declaration [42-1] (Temporarily unavailable for docketing.) (fce) (Entered: 08/28/1997)

RECAP
44 July 25, 1997

DECLARATION by plaintiff Thao regarding motion for preliminary injunction on behalf of the food stamp class [27-1] (Temporarily unavailable for docketing.) (fce) (Entered: 08/28/1997)

RECAP
45 July 25, 1997

INTERPRETER GE YANG'S DECLARATION regarding declaration [44-1] (Temporarily unavailable for docketing.) (fce) (Entered: 08/28/1997)

RECAP
46 July 25, 1997

DECLARATION by plaintiff Fai Dang Yang regarding motion for preliminary injunction on behalf of the food stamp class [27-1] (Temporarily unavailable for docketing.) (fce) (Entered: 08/28/1997)

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47 July 25, 1997

INTERPRETER LEE YANG'S DECLARATION regarding declaration [46-1] (Temporarily unavailable for docketing.) (fce) (Entered: 08/28/1997)

RECAP
July 25, 1997

FORWARDED case file to Judge Conlon's chambers. (fce)

19 July 28, 1997

MINUTE ORDER of 7/28/97 by Hon. Suzanne B. Conlon : Applications to proceed in forma pauperis [3-1] through [17-1] are granted. Mailed notice (fce) (Entered: 07/30/1997)

RECAP
July 28, 1997

COMPLAINT (fce) Modified on 07/30/1997

July 30, 1997

SUMMONS issued as to James J Callahan, Daniel R Glickman, U.S. Attorney General Janet Reno and U.S. Attorney James Burns. (Original and 1 copy with complaint per defendant to U.S. Marshal.) (fce) Modified on 07/30/1997

20 Aug. 5, 1997

DESIGNATION OF ATTORNEY Carole Judith Ryczek as US Attorney (fce) Modified on 08/26/1997 (Entered: 08/05/1997)

RECAP
21 Aug. 7, 1997

NOTICE of filing by plaintiffs (Attachments) (fce) Modified on 08/26/1997 (Entered: 08/08/1997)

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22 Aug. 7, 1997

MEMORANDUM by plaintiffs in support of motion for a preliminary injunction on behalf of the food stamps class (Exhibits); Notice of filing (fce) Modified on 08/26/1997 (Entered: 08/08/1997)

RECAP
23 Aug. 7, 1997

MEMORANDUM by plaintiffs in support of motion for class certification (Attachment); Notice of filing (fce) Modified on 08/26/1997 (Entered: 08/08/1997)

RECAP
48 Aug. 7, 1997

MINUTE ORDER of 8/7/97 by Hon. Suzanne B. Conlon : Plaintiffs' motions for preliminary injunction on behalf of the food stamp class [27-1], for class certification [26-1] are taken under advisement. Defendants given leave to file a memorandum in opposition to the motion in excess of fifteen pages instanter. Plaintiffs to reply, if any, by 8/13/97. Parties will be notified of the court's ruling. No notice (fce) (Entered: 09/02/1997)

RECAP
24 Aug. 13, 1997

SUPPLEMENTAL OPPOSITION by defendants to plaintiffs' motions for preliminary injunction and class certification (fce) Modified on 08/26/1997 (Entered: 08/14/1997)

RECAP
25 Aug. 13, 1997

REPLY memorandum by plaintiffs in support of plaintiffs' motions for a preliminary injunction and for certification of the Food Stamp class; Notice of filing (fce) Modified on 08/26/1997 (Entered: 08/14/1997)

RECAP
50 Aug. 28, 1997

MEMORANDUM, OPINION, AND ORDER (fce) (Entered: 09/11/1997)

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51 Aug. 28, 1997

MINUTE ORDER of 8/28/97 by Hon. Suzanne B. Conlon : Plaintiffs' motion for class certification is granted in part and denied in part [26-1]. Plaintiffs' motion for preliminary injunction on behalf of the food stamp class is denied [27-1]. There are no disputed issues of material fact; defendants are entitled to judgment as a matter of law. Accordingly, judgment is entered for defendants John J. Callahan and Daniel R. Glickman and against the plaintiff class. Terminating case. Mailed notice (fce) (Entered: 09/11/1997)

RECAP
52 Aug. 28, 1997

ENTERED JUDGMENT (fce) (Entered: 09/11/1997)

RECAP
53 Sept. 4, 1997

NOTICE OF APPEAL by plaintiff Sarra Shvartsman from judgment entered [52-1], from motion minute order [51-2], from order [50-1] ( IFP GRANTED) (fce) (Entered: 09/17/1997)

RECAP
56 Sept. 4, 1997

MOTION by plaintiffs for injunction pending appeal ; Notice of motion for injunction pending appeal (Temporarily unavailable for docketing.) (fce) (Entered: 09/18/1997)

RECAP
49 Sept. 8, 1997

OPPOSITION by defendants to plaintiffs' motion for injunction on behalf of the food stamp class [27-1] pending appeal (Attachment). (fce) (Entered: 09/09/1997)

RECAP
57 Sept. 9, 1997

MINUTE ORDER of 9/9/97 by Hon. Suzanne B. Conlon : Plaintiffs' motion for injunction pending appeal [56-1] is taken under advisement. Defendants to respond to motion for injunction pending appeal [56-1] by 9/16/97. Ruling by mail. Telephoned notice (fce) (Entered: 09/18/1997)

RECAP
54 Sept. 17, 1997

LETTER regarding docketing statement acknowledged by plaintiff Sarra Shvartsman . (fce) (Entered: 09/17/1997)

RECAP
55 Sept. 17, 1997

RETURN OF SERVICE unexecuted - as to defendant James J Callahan, Daniel R Glickman, U.S. Attorney General Janet Reno and U.S. Attorney James Burns (Attachments). (fce) (Entered: 09/18/1997)

RECAP
58 Sept. 17, 1997

MINUTE ORDER of 9/17/97 by Hon. Suzanne B. Conlon : Plaintiffs' motion for injunction pending appeal is denied [56-1]. (See reverse of minute order.) Mailed and telephoned notice (fce) (Entered: 09/22/1997)

RECAP
Sept. 17, 1997

TRANSMITTED to the 7th Circuit the short record on appeal . Mailed notice to all counsel. (fce)

59 Sept. 18, 1997

REQUEST by plaintiff for inclusion in record on appeal; Notice of filing (fce) (Entered: 09/22/1997)

RECAP
60 Sept. 24, 1997

ACKNOWLEDGEMENT of receipt of short record on appeal USCA 97-3364 (fce) (Entered: 09/26/1997)

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Oct. 1, 1997

TRANSMITTED to the 7th Circuit the long record on appeal no. 97-3364 consisting one volume of pleading of Mailed notice to all counsel. (fce)

61 May 13, 1998

LETTER from the 7th Circuit returning the record on appeal no. 97-3364 consisting of 1 volume of pleadings. (fce) (Entered: 05/14/1998)

RECAP
62 May 13, 1998

CERTIFIED COPY of order from the 7th Circuit: Affirming the decision of the District Court [53-1] . ( 97-3364) (fce) (Entered: 05/14/1998)

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63 May 13, 1998

OPINION from the 7th Circuit: Argued 12/5/97; Decided 3/16/98. ( 97-3364) (fce) (Entered: 05/14/1998)

RECAP

Case Details

State / Territory:

Illinois

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: July 28, 1997

Closing Date: 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons in the Seventh Circuit who: (1) were recipients of food stamps; (2) are legal permanent residents; (3) subject to eligibility recertifications; (4) have filed applications for naturalization but (5) hadn't received an INS adjudication.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

National Immigration Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Federal

Social Security Administration

U.S. Department of Agriculture

Case Details

Causes of Action:

42 U.S.C. § 1981

Ex Parte Young (Federal) or Bivens

Other Dockets:

Northern District of Illinois 1:97-cv-05229

U.S. Court of Appeals for the Seventh Circuit 97-03364

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General/Misc.:

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Immigration/Border:

Constitutional rights

Status/Classification

Recommended Citation