University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Mendoza v. City of Miami Civil Service Board IM-FL-0017
Docket / Court 72-1264-Civ-CA ( S.D. Fla. )
State/Territory Florida
Case Type(s) Immigration
Case Summary
In 1972, plaintiff, a resident alien living in the City of Miami, Florida filed a class action lawsuit in the U.S. District Court for the Southern District of Florida, challenging the validity of a Miami civil service rule which prevented the employment of aliens. Plaintiff alleged violations of ... read more >
In 1972, plaintiff, a resident alien living in the City of Miami, Florida filed a class action lawsuit in the U.S. District Court for the Southern District of Florida, challenging the validity of a Miami civil service rule which prevented the employment of aliens. Plaintiff alleged violations of the Equal Protection Clause of the Fourteenth Amendment, 42 U.S.C. § 1981 and 42 U.S.C. § 1983. Plaintiff sought declaratory and injunctive relief, as well as class certification.

On October 24, 1972, the District Court (Judge Atkins) issued an order ruling on various pending motions. Judge Atkins (1) granted class certification, (2) dismissed the municipal entities from the lawsuit; (3) denied the individual defendants' request for a three-judge panel and (4) entered declaratory judgment in favor of plaintiff, finding that the Miami rule was unconstitutional. Mendoza v. City of Miami Civil Service Bd., 1972 WL 273 (Oct. 24, 1972 S.D. Fla.) The defendants appealed.

The Fifth Circuit Court of Appeals affirmed, finding that the District Court properly found that the civil service rule excluding aliens from employment was unconstitutional, in light of the Supreme Court case. Sugarman v. Douglass, 413 U.S. 634, 93 S.Ct. 2842, 37 L.Ed.2d 853 (1973). The case was remanded for a determination of whether to award of attorney's fees for the prosecution of this appeal. Mendoza v. City of Miami, 483 F.2d 430 (5th Cir. 1973).

Dan Dalton - 11/12/2007


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Issues and Causes of Action
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Issues
General
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Immigration
Constitutional rights
Employment
Plaintiff Type
Private Plaintiff
Causes of Action Bivens
42 U.S.C. § 1983
42 U.S.C. § 1981
Defendant(s) City of Miami Civil Service Board
Plaintiff Description A class to be all permanent resident aliens residing in the City of Miami who, but for the enforcement of Rule V, Section 3, would otherwise be eligible to compete for employment by the City of Miami.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year 1973
Case Ongoing No
Additional Resources
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Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
Opinion 10/24/1972 (1972 WL 273) (S.D. Fla.)
IM-FL-0017-0002 PDF | WESTLAW | Detail
Per Curiam [USCA Opinion] 08/14/1973 (483 F.2d 430)
IM-FL-0017-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Atkins, Carl Clyde (S.D. Fla.)
IM-FL-0017-0002
Goldberg, Irving Loeb (Fifth Circuit)
IM-FL-0017-0001
Roney, Paul Hitch (FISCR, Eleventh Circuit, Fifth Circuit)
IM-FL-0017-0001
Thornberry, William Homer (W.D. Tex., Fifth Circuit)
IM-FL-0017-0001
Monitors/Masters None on record
Plaintiff's Lawyers Carlisle , Russel E. (Florida)
IM-FL-0017-0001
Salas, Luis P. (Florida)
IM-FL-0017-0001
Tworoger, Kenneth F. (Florida)
IM-FL-0017-0001
Defendant's Lawyers Rothstein, Alan H. (Florida)
IM-FL-0017-0001
Sterbenz, S. R. (Florida)
IM-FL-0017-0001
Other Lawyers None on record

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