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Case Name Jagnandan v. Giles IM-MS-0001
Docket / Court No. EC 73-9-K ( N.D. Miss. )
State/Territory Mississippi
Case Type(s) Immigration
Case Summary
In 1973, the Reverend W. L. Jagnandan and his two sons filed a class action lawsuit in the U.S. District Court of the Northern District of Mississippi to challenge the constitutionality of a Mississippi statute, § 37-103-23 Miss. Code Ann. (1972), which classified all alien students, even ... read more >
In 1973, the Reverend W. L. Jagnandan and his two sons filed a class action lawsuit in the U.S. District Court of the Northern District of Mississippi to challenge the constitutionality of a Mississippi statute, § 37-103-23 Miss. Code Ann. (1972), which classified all alien students, even Mississippi residents, as nonresidents for purposes of payment of tuition at state universities. Plaintiffs alleged violations of their constitutional rights to due process and equal protection, as well as their rights under the Immigration and Nationality Act, 8 U.S.C. § 1101. Plaintiffs sought injunctive and declaratory relief, monetary damages and attorneys' fees.

Defendants moved to dismiss the action for lack of jurisdiction and failure to state a claim. Defendants also asserted that they were immune from suit under the Eleventh Amendment.

As Plaintiffs made a constitutional challenge to a state law, the case was assigned to a three-judge panel for disposition. The panel, which included District Judges James P. Coleman, William C. Keady, and Orma R. Smith, declared that the state law was unconstitutional in that it violated the Equal Protection and Due Process Clauses of the Fourteenth Amendment. The panel, however, refused to certify the case as a class action and denied, on Eleventh Amendment grounds, Plaintiffs' request for reimbursement of excess tuition payments. Jagnandan v. Giles, 379 F.Supp. 1178 (N.D.Miss. 1974). Plaintiffs appealed the denial of tuition reimbursement. The Fifth Circuit affirmed the denial. Jagnandan v. Giles, 538 F.2d 1166 (5th Cir. 1976), cert. denied, 432 U.S. 910 (1977).

Stephen Imm - 08/23/2007


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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
Plaintiff Type
Private Plaintiff
Causes of Action Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
42 U.S.C. § 1983
Defendant(s) Board of Trustees of the State Institutions of Higher Learning
Plaintiff Description Three resident aliens and residents of Mississippi who were denied in-state college tuition because of their immigration status.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted No
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 1976 - n/a
Case Closing Year 1976
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 08/15/1974 (379 F.Supp. 1178) (N.D. Miss.)
IM-MS-0001-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion 09/20/1976 (538 F.2d 1166)
IM-MS-0001-0002 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion 06/20/1977 (432 U.S. 910)
IM-MS-0001-0003 PDF | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Judges Brennan, William Joseph Jr. (SCOTUS)
IM-MS-0001-0003
Brown, John Robert (Fifth Circuit)
IM-MS-0001-0002
Burger, Warren Earl (SCOTUS, D.C. Circuit)
IM-MS-0001-0003
Coleman, James Plemon (Fifth Circuit)
IM-MS-0001-0001
Goldberg, Irving Loeb (Fifth Circuit)
IM-MS-0001-0002
Keady, William Colbert (N.D. Miss.)
IM-MS-0001-0001
Roney, Paul Hitch (Fifth Circuit, FISCR, Eleventh Circuit)
IM-MS-0001-0002
Smith, Orma Rinehart (N.D. Miss.)
IM-MS-0001-0001
Monitors/Masters None on record
Plaintiff's Lawyers Shenfield, Mark H (Mississippi)
IM-MS-0001-0001 | IM-MS-0001-0002
Defendant's Lawyers Noble, Ed Davis Jr. (Mississippi)
IM-MS-0001-0001 | IM-MS-0001-0002
Other Lawyers None on record

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