Case: Jones v. Bowen

1:87-cv-07419 | U.S. District Court for the Northern District of Illinois

Filed Date: Sept. 3, 1987

Closed Date: 1992

Clearinghouse coding complete

Case Summary

On September 3, 1987, three aliens and two U.S. citizens filed a class action lawsuit in the U.S. District Court for the Northern District of Illinois to challenge the Secretary of Health and Human Services' "no process policy" with regard to the issuance of new social security numbers and duplicated cards. Plaintiffs alleged that the Secretary denied their requests for original and new social security numbers or duplicate cards without notice and hearing in violation of the Due Process Clause…

On September 3, 1987, three aliens and two U.S. citizens filed a class action lawsuit in the U.S. District Court for the Northern District of Illinois to challenge the Secretary of Health and Human Services' "no process policy" with regard to the issuance of new social security numbers and duplicated cards. Plaintiffs alleged that the Secretary denied their requests for original and new social security numbers or duplicate cards without notice and hearing in violation of the Due Process Clause of the Fifth Amendment and the Social Security Act.

The government moved to dismiss the case for lack of jurisdiction and lack of standing. It further requested that the case be stayed pending ruling on its motion. The District Court (Judge Suzanne B. Conlon) denied the request for a stay. Jones v. Bowen, 1988 WL 48237 (N.D.Ill. 1988).

The case was certified as a class action on July 21, 1988. Jones v. Bowen, 121 F.R.D. 344 (N.D.Ill.1988). Shortly thereafter, the District Court (Judge Suzanne B. Conlon) denied government's motion to dismiss and also denied plaintiffs' request for a preliminary injunction. Jones v. Bowen, 692 F.Supp. 887 (N.D.Ill.1988).

Discovery ensued and the parties then filed cross-motions for summary judgment. By order dated August 8, 1989, the Court entered judgment in favor of the plaintiffs and against the government. The Court held that government's failure to provide written reasons for adverse SSN decisions and notice of the right to appeal violated the Social Security Act, 42 U.S.C. § 405(c) and (g). Jones v. Bowen, 1989 WL 91865

(N.D.Ill. 1989). The government appealed.

On appeal the Court of Appeals for the Seventh Circuit (Judge Harlington Wood, Jr.) held that case was moot because the named plaintiffs had received new social security numbers and duplicate social security number cards before class certification. The Court of Appeals vacated the judgment and remanded the case back to the district court with the instructions to dismiss. Jones v. Sullivan 938 F.2d 801 (7th Cir. 1991).

On remand, plaintiffs moved to dismiss named plaintiffs and to intervene to file and amended complaint with substituted plaintiffs. The outcome of that motion is not clear from the PACER docket, but it is presumed that plaintiffs' motion was denied as the District Court entered judgment on February 18, 1992 and closed the case.

Summary Authors

Erica Woodruff (8/20/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4607657/parties/jones-v-bowen/

Judge(s)
Attorney for Plaintiff

Alvarez, Alicia (Illinois)

Antolin, Joseph A. (Illinois)

Attorney for Defendant

Biddle, Barbara C. (District of Columbia)

Bolton, John R. (District of Columbia)

Chambers, Felicia L. (District of Columbia)

Documents in the Clearinghouse

1:87-cv-07419

Docket (PACER)

Feb. 18, 1992

Feb. 18, 1992

Docket

1:87-cv-07419

Opinion

May 9, 1988

May 9, 1988

Order/Opinion

1988 WL 48237

1:87-cv-07419

Opinion

July 21, 1988

July 21, 1988

Order/Opinion

121 F.R.D. 344

1:87-cv-07419

Opinion

Aug. 2, 1988

Aug. 2, 1988

Order/Opinion

692 F.Supp. 887

1:87-cv-07419

Opinion

Oct. 3, 1988

Oct. 3, 1988

Order/Opinion

1988 WL 105343

1:87-cv-07419

Order

Jones v. Sullivan

Aug. 8, 1989

Aug. 8, 1989

Order/Opinion

1989 WL 91865

1:87-cv-07419

Order

Jones v. Sullivan

Jan. 25, 1990

Jan. 25, 1990

Order/Opinion

1990 WL 16837

1:87-cv-07419

Order

Jones v. Sullivan

Aug. 14, 1990

Aug. 14, 1990

Order/Opinion

1990 WL 119632

90-01683

90-01976

Appellate Opinion

Jones v. Sullivan

U.S. Court of Appeals for the Seventh Circuit

Aug. 5, 1991

Aug. 5, 1991

Order/Opinion

938 F.2d 801

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4607657/jones-v-bowen/

Last updated March 23, 2026, 4:26 a.m.

ECF Number Date Description Link
199 Feb. 12, 1991

MOTION by plaintiffs to lift stay for class member Brandi Jones (Exhibits); notice of motion. (fce) (Entered: 02/13/1991)

RECAP
200 Feb. 12, 1991

MINUTE ORDER of 2/12/91 before Honorable Suzanne B. Conlon : withdrawing motion to lift stay for class member Brandi Jones [199-1] Notice not mailed. (fce) (Entered: 02/13/1991)

RECAP
201 Sept. 3, 1991

LETTER from the USCA for the 7th Circuit Court returning the complete record on appeal, consisting of: 3 vols. pleadings; 1 loose pleading; 1 vol. of transcripts; 2 in camera material. (tlm) (Entered: 09/05/1991)

RECAP
202 Sept. 3, 1991

OPINION from the USCA for the 7th Circuit Court argued 01/17/91 ; decided 08/05/91 in appeal #90-1683 & 90-1976. (tlm) (Entered: 09/05/1991)

RECAP
203 Sept. 3, 1991

CERTIFIED COPY of order from the USCA for the 7th Circuit entered 08/05/91 : It is ordered and adjudged vacating and remanding with instructions to dismiss. Each party to bear its own costs [90-1683 and 90-1976] case. (tlm) (Entered: 09/05/1991)

RECAP
204 Oct. 2, 1991

MOTION of Gilberto Ortiz-Huaroco adn Juliana Ortiz to intervene, to file amended complaint on their own behalv and on behalf of previously certified class, to enter a new final judgment order judgment, to exempt Ortiz-Huaroco and Ortiz from any staf of new judgment, or, in the alternative for preliminary injunction orderinga hearing ; notice of motion (Exhibits). (tlm) (Entered: 10/04/1991)

RECAP
205 Oct. 2, 1991

MINUTE ORDER of 10/2/91 by Hon. Suzanne B. Conlon : Filed motion to intervene and dismiss named plaintiffs [204-1]; motion to file amended complaint on their own behalf and on behalf of previously certified class [204-2]; motion to enter a new final judgment order judgment [204-3] motion to exempt Ortiz-Huaroco and Ortiz from any staf of new judgment [204-4]; motion for preliminary injunction ordering a hearing [204-5]. Motion taken under advisement. Defendant is given to 10/22/91 to file a response. Court will rule by mail. Mailed notice (tlm) (Entered: 10/04/1991)

RECAP
206 Oct. 29, 1991

AGREED MOTION by defendant for extension of time to serve an opposition to plaintiffs' motion to dismiss named plaintiffs, to intervene and to file an amended complaint ; notice of motion. (fce) (Entered: 10/30/1991)

RECAP
207 Oct. 29, 1991

MINUTE ORDER of 10/29/91 by Hon. Suzanne B. Conlon : granting motion for extension of time to serve an opposition to plaintiffs' motion to dismiss named plaintiffs, to intervene and to file an amended complaint [206-1] Mailed notice (fce) (Entered: 10/30/1991)

RECAP
208 Nov. 5, 1991

MOTION by defendant for one-week extension of time to serve brief . (tlm) (Entered: 11/07/1991)

RECAP
209 Nov. 5, 1991

NOTICE by defendant regarding motion for one-week extension of time to serve brief [208-1] (tlm) (Entered: 11/07/1991)

RECAP
210 Nov. 5, 1991

MINUTE ORDER of 11/5/91 by Hon. Suzanne B. Conlon : Filed defendant's agreed motion for one-week extension of time to serve brief. Motion is granted. [208-1] Telephone notice (tlm) (Entered: 11/07/1991)

RECAP
211 Nov. 7, 1991

DECLARATION of Janet M. Charney. (tlm) (Entered: 11/08/1991)

RECAP
212 Nov. 7, 1991

NOTICE by defendant regarding declaration [211-1] (tlm) (Entered: 11/08/1991)

RECAP
213 Nov. 13, 1991

MOTION by plaintiffs to stay briefing and consideration plaintiffs' motion to dismiss named plaintiffs, to intervene to file and amended complaint, to enter a new final judgment, to exempt new plaintiffs from a stay, or, to enter a preliminary injunction, and dismissal of action in accordance with the Court of Appeals' mandate. (tlm) (Entered: 11/14/1991)

RECAP
214 Nov. 13, 1991

NOTICE by plaintiff regarding motion to stay briefing and consideration plaintiffs' motion to dismiss named plaintiffs, to intervene to file and amended complaint, to enter a new final judgment, to exempt new plaintiffs from a stay, or, to enter a preliminary injunction [213-1], regarding motion dismissal of action in accordance with the Court of Appeals' mandate. [213-2] (tlm) (Entered: 11/14/1991)

RECAP
215 Nov. 13, 1991

MEMORANDUM by plaintiff in support of motion to stay briefing and consideration plaintiffs' motion to dismiss named plaintiffs, to intervene to file and amended complaint, to enter a new final judgment, to exempt new plaintiffs from a stay, or, to enter a preliminary injunction [213-1], of motion dismissal of action in accordance with the Court of Appeals' mandate (Exhibits). [213-2] (tlm) (Entered: 11/14/1991)

RECAP
216 Nov. 13, 1991

MINUTE ORDER of 11/13/91 by Hon. Suzanne B. Conlon : Defendant's motion to stay briefing is denied. [213-1] Defendant's motion to dismiss shall stand as his response to the motion to intervene. [213-2] Plaintiff's oral motion to conduct limited discovery is granted as outlined in open court. Plaintiff's oral motion for leave to file a reply 14 days after discovery is answered is granted. Mailed notice (tlm) (Entered: 11/14/1991)

RECAP
217 Dec. 26, 1991

MOTION by Juliana Ortiz & Gilberto Ortiz-Huaroco to extend time to file a reply in support of their motion to intervene ; notice of motion. (tlm) (Entered: 12/27/1991)

RECAP
218 Dec. 26, 1991

MINUTE ORDER of 12/26/91 by Hon. Suzanne B. Conlon : Granting motion to extend time to file a reply in support of their motion to intervene. [217-1] Plaintiff's are given to 1/13/92 to file their reply. Mailed notice (tlm) (Entered: 12/27/1991)

RECAP
219 Jan. 13, 1992

REPLY MEMORANDUM by plaintiffs' in support of motion to intervene [204-1], motion to file amended complaint on their own behalv and on behalf of previously certified class [204-2], motion to enter a new final judgment order judgment [204-3] (Exhibits). (tlm) (Entered: 01/14/1992)

RECAP
220 Jan. 23, 1992

AGREED MOTION by defendant for leave to file reply brief ; notice of motion. (fce) (Entered: 01/24/1992)

RECAP
221 Jan. 23, 1992

MINUTE ORDER of 1/23/92 by Hon. Suzanne B. Conlon : granting motion for leave to file reply brief until 01/29/92 [220-1]. No further extensions will be allowed. Mailed notice (fce) (Entered: 01/24/1992)

RECAP
222 Jan. 30, 1992

REPLY by defendant in support of defendant's motion to dismiss and in opposition to proposed intervenors' motion to inter alia intervene (Exhibits). (tlm) (Entered: 02/03/1992)

RECAP
223 Jan. 30, 1992

REPLY by defendant in opposition to porposed intervenors' motions to inter alia, intervene [204-1] and in support of defendants motion to dismiss. [222-1] (tlm) (Entered: 02/03/1992)

RECAP
224 Feb. 6, 1992

DECLARATION of Jerald Strauss (Exhibits). (tlm) (Entered: 02/11/1992)

RECAP
225 Feb. 6, 1992

NOTICE OF FILING by defendant regarding declaration [224-1] (tlm) (Entered: 02/11/1992)

RECAP
226 Feb. 18, 1992

ENTERED JUDGMENT (tlm) (Entered: 02/20/1992)

RECAP

Case Details

State / Territory:

Illinois

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Sept. 3, 1987

Closing Date: 1992

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A class of workers, represented by three aliens and two U.S. citizens, who had or would be denied social security numbers without notice or hearing by the Department of Health and Human Services.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Federal

Department of Health and Human Services

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Other Dockets:

Northern District of Illinois 1:87-cv-07419

U.S. Court of Appeals for the Seventh Circuit 90-01683

U.S. Court of Appeals for the Seventh Circuit 90-01976

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

Employment

Undocumented immigrants - rights and duties

Recommended Citation