U.S. District Court, Western District of New York Case Summaries:

Daily Record (Rochester, NY), Oct 9, 2008

U.S. District Court, Western District of New York

Retaliation

Public Benefits

Hilfiger v. Alger

05-CV-6040

Judge Larimer

Background: In a lawsuit against Steuben County Executive Mark Alger and other county defendants, the denial of child care benefits by a New York State Social Service Agency for a single month, July 2004, forms the basis of the plaintiff's claims under 42 U.S.C. [section]1983. In June 2004, the plaintiff gave birth to her second child. At that time, the plaintiff was receiving state child care assistance benefits from DSS for day care for her son, Alexander, born in 2001. Payment was denied for July 2004 because the plaintiff was on disability leave and failed to notify DSS. She alleges retaliation along with her other claims. The defendants moved to dismiss.

Ruling: In finding that the defendants did not retaliate in any way against the plaintiff, the court states that the reasons given by the defendants for their decisions denying the benefits were consistent. The plaintiff did not give timely notice of a material change in her circumstances, thereafter she failed to submit proper or sufficient documentation demonstrating her need for child care services. There was no retaliation, nor is there a viable [section]1983 claim. Only after the plaintiff indicated that she was withdrawing both of her children from the program was her case closed.

Loretta Hilfiger, pro se, and Bryan J. Maggs and Donald S. Thomson of Davidson & O'Mara PC for the defendant.