Wyman v. James

400 U.S. 309 (1971)

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Nature of the Case

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Facts

P is the mother of a son who was born in May 1967. They reside in New York City. P applied for AFDC assistance shortly before Maurice's birth. A caseworker made a visit to her apartment at that time without objection. The assistance was authorized. Two years later, on May 8, 1969, a caseworker wrote P that she would visit her home on May 14. P telephoned the worker that, although she was willing to supply information 'reasonable and relevant' to her need for public assistance, any discussion was not to take place at her home. P was told that the visit was required by law and that refusal to permit the visit would result in the termination of assistance. Permission was still denied. D sent a notice of intent to discontinue assistance because of the visitation refusal and P's right to a hearing before a review officer. The hearing was requested and was held on May 27. P appeared with an attorney. They continued to refuse permission for a worker to visit but again expressed willingness to cooperate and to permit visits elsewhere. The review officer ruled that the refusal was a proper ground for the termination of assistance. D sent a notice of intent to discontinue assistance because of the visitation refusal and P's right to a hearing before a review officer. The hearing was requested and was held on May 27. P appeared with an attorney. They continued to refuse permission for a worker to visit but again expressed willingness to cooperate and to permit visits elsewhere. The review officer ruled that the refusal was a proper ground for the termination of assistance. A notice of termination was issued on June 2. P sued under 42 U. S. C. § 1983. P alleged that she and her son have no income, resources, or support other than the benefits received under the AFDC program. She asked for declaratory and injunctive relief. A temporary restraining order was issued. A three-judge panel held several New York laws and rules unconstitutional because they required P to submit to a home visit for continued assistance under the AFDC program. Ds appealed.