NEWBERRY

v.

TOWN OF FISHKILL

Citator

Cited By

• Lecil Hander v. SAN Jacinto Junior Coll., 519 F.2d 273 (5th Cir. 1975)
  …that a state could be enjoined from wrongfully denying welfare benefits in the future, but could not be required to compensate welfare recipients for past denials of benefits. See also Rothstein v. Wyman, 467 F. 2d 226 (2d Cir. 1972), cert. denied, 411 U.S. 921, 93 S.Ct. 1552, 36 L.Ed.2d 315 (1973). We have little difficulty in concluding that backpay, whether viewed as damages for illegally terminated employment or as an aspect of equitable relief, is, like payment of wrongfully denied welfare payments,…
• Jimenez v. Weinberger, 523 F.2d 689 (7th Cir. 1975)
  …negotiating one or more checks representing correct payments, disposition of the amount due shall be made in accordance with subsection (d) of this section.” . The Secretary relies on Rothstein v. Wyman, 467 F. 2d 226 (2d Cir. 1972), cert. denied, 411 U.S. 921, 93 S.Ct. 1552, 36 L.Ed.2d 315, where the court held that retroactive payments by the State of New York of improperly withheld welfare benefits need not be made. We believe the Rothstein decision is inapposite here for several reasons. First, the co…
• Milburn v. Huecker, 500 F.2d 1279 (6th Cir. 1974)
  …the denial of plaintiffs’ requests for costs and attorneys’ fees was erroneous. The first two questions have been considered by other circuits and by the Supreme Court. The Second Circuit, in Rothstein v. Wyman, 467 F. 2d 226 (1972), cert. denied, 411 U.S. 921, 93 S.Ct. 1552, 36 L.Ed.2d 315 (1973), held that the Eleventh Amendment deprives a district court of jurisdiction to award retroactive welfare benefits, even though the benefits had been withheld in violation of federal law and even though prospecti…