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Case Name Kulkarni v. Nyquist IM-NY-0020
Docket / Court 76-CV-344; 76-CV-360 ( N.D.N.Y. )
State/Territory New York
Case Type(s) Immigration
Case Summary
In 1976 two aliens filed separate lawsuits in the U.S. District Court for the Northern District of New York, challenging the constitutionality of provisions of the New York Education Law Sections 7206.1(6) and 6534(6), which imposed a U.S. citizen requirement in order to obtain professional state ... read more >
In 1976 two aliens filed separate lawsuits in the U.S. District Court for the Northern District of New York, challenging the constitutionality of provisions of the New York Education Law Sections 7206.1(6) and 6534(6), which imposed a U.S. citizen requirement in order to obtain professional state licensure in the fields of engineering and physical therapy. Plaintiffs maintained that the challenged sections violated the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution.

All parties filed cross-motions for summary judgment.

On January 5, 1977, the District Court (Judge James T. Foley) entered judgment in favor of plaintiffs, finding that the challenged sections of the New York Education Law violated equal protection. The Court, however, refused to certify the case as a class action as it held that plaintiffs did not have standing to represent other professionals. Kulkarni v. Nyquist 446 F.Supp. 1269

In a subsequent order dated June 3, 1977, the Court (Judge Foley) awarded attorney fees to plaintiffs in the amount of $2,390.00 pursuant to 42 U.S.C. § 1988. Kulkarni v. Nyquist, 446 F.Supp. 1274 (N.D.N.Y. 1977).

We have no further information on this case.

Erica Woodruff - 08/08/2007


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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
Status/Classification
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Defendant(s) Commissioner of Education of New York
Plaintiff Description A class of lawful permanent resident aliens who have been, are being, or will be denied licenses to engage in the practice of essentially private professions solely because they are not U.S. citizens.
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 1977 - n/a
Case Closing Year 1977
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 01/05/1977 (446 F.Supp. 1269) (N.D.N.Y.)
IM-NY-0020-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion 06/03/1977 (446 F.Supp. 1274) (N.D.N.Y.)
IM-NY-0020-0002 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Foley, James Thomas (N.D.N.Y.)
IM-NY-0020-0001 | IM-NY-0020-0002
Monitors/Masters None on record
Plaintiff's Lawyers Litwack, Thomas R. (New York)
IM-NY-0020-0001 | IM-NY-0020-0002
Defendant's Lawyers Hoffman, Jack W. (New York)
IM-NY-0020-0001 | IM-NY-0020-0002
Lefkowitz, Louis J. (New York)
IM-NY-0020-0001 | IM-NY-0020-0002
McDougall, Robert D. (New York)
IM-NY-0020-0001 | IM-NY-0020-0002
Other Lawyers None on record

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