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Case Name Leopold v. U. S. Civil Service Commission IM-NY-0021
Docket / Court No. 71 C 292 ( E.D.N.Y. )
State/Territory New York
Case Type(s) Immigration
Case Summary
In March of 1971, a group of government lawyers for the INS brought suit under the Administrative Procedures Act, 5 U.S.C. § 701, et seq., in the United States District Court for the Eastern District of New York, seeking to have their job pay grades reclassified from GS-12 to GS-14. The lawsuit ... read more >
In March of 1971, a group of government lawyers for the INS brought suit under the Administrative Procedures Act, 5 U.S.C. § 701, et seq., in the United States District Court for the Eastern District of New York, seeking to have their job pay grades reclassified from GS-12 to GS-14. The lawsuit followed administrative proceedings before the Civil Service Commission, which ultimately ruled that the jobs were properly classifiable at grade GS-13, but denied the plaintiffs' request for GS-14 reclassification.

On July 23, 1972, the District Court (Judge Rosling) certified the case as a class action, with the class consisting of all similar attorneys employed by I.N.S. in grade GS-13. Thereafter, Judge Rosling passed away and the case was transferred to District Judge Judd, who remanded the case to the Civil Service Commission. Following remand to the Commission, the parties agreed that a study of plaintiffs' duties should be undertaken by an independent attorney. The report of that study, dated March 31, 1976 concluded that plaintiffs' jobs should have properly been classified as grade GS-14. The Commission then ordered a re-classification to grade GS-14, but it was not made retroactive. Plaintiffs then moved for summary judgment in the District Court, seeking an order that the GS-14 grade be made retroactive to 1967 and for back pay.

On April 26, 1978, the District Court (Judge J. Nickerson) held that : (1) the doctrine of sovereign immunity barred claims for back pay by the attorneys; (2) the doctrine of sovereign immunity also barred amendment of employment records so as to entitle the attorneys to increased pensions and benefits or to immediate promotions regardless of existing vacancies; and (3) the Civil Service Commission was not immune from an award to attorneys of modest relief of being eligible for promotions unprejudiced by their previous wrongful classification. Leopold v. U.S. Civil Service Commission, 450 F.Supp. 154 (E.D. NY 1978).

We have no further information on the case.

Brian Ponton - 08/31/2007


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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
Employment
Immigration lawyers
Plaintiff Type
Private Plaintiff
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) United States Civil Service Commission
Plaintiff Description A group of INS lawyers seeking pay grade reclassification from GS12 to GS14.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Mixed
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 n/a
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 04/26/1978 (450 F.Supp. 154) (E.D.N.Y.)
IM-NY-0021-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Nickerson, Eugene Hoffman (E.D.N.Y.)
IM-NY-0021-0001
Monitors/Masters None on record
Plaintiff's Lawyers Rothstein, Martin L (New York)
IM-NY-0021-0001
Defendant's Lawyers Field, Rodger C. (New York)
IM-NY-0021-0001
Trager, David G. (New York)
IM-NY-0021-0001
Other Lawyers None on record

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