Case: Dougall v. Sugarman

1:71-cv-00992 | U.S. District Court for the Southern District of New York

Filed Date: March 5, 1971

Closed Date: 1973

Clearinghouse coding complete

Case Summary

In 1971, four permanent resident aliens who had been fired from their New York State civil service jobs because they were not U.S. citizens filed suit in the U.S. District Court for the Southern District of New York, challenging Section 53 of the New York Civil Service Law. Section 53 provided that only U.S. citizens could hold competitive class state civil service positions. Plaintiffs alleged that Section 53 violated the Equal Protection Clause of the Fourteenth Amendment, the Supremacy Cla…

In 1971, four permanent resident aliens who had been fired from their New York State civil service jobs because they were not U.S. citizens filed suit in the U.S. District Court for the Southern District of New York, challenging Section 53 of the New York Civil Service Law. Section 53 provided that only U.S. citizens could hold competitive class state civil service positions. Plaintiffs alleged that Section 53 violated the Equal Protection Clause of the Fourteenth Amendment, the Supremacy Clause, and their right to interstate travel. Plaintiffs sought declaratory and injunctive relief, class certification and submission of the case to a three-judge court to determine the constitutionality of the Section 53.

The District Court (Judge Tenney) denied Defendants' motion to dismiss the case and recommended that a three judge court be convened. Dougall v. Sugarman, 330 F.Supp. 265 (S.D.N.Y. 1971). Chief Circuit Judge Henry J. Friendly of the Second Circuit Court of Appeals agreed and ordered that Plaintiffs' motions for declaratory judgment, injunctive relief and class certification be submitted to a three-judge court for consideration.

The three-judge court (Circuit Judge Joseph Edward Lumbard and District Judges Edward Cochrane McLean and Charles Henry Tenney) certified the case as a class action, with the class defined as "all permanent resident aliens residing in New York State who, but for the enforcement of Section 53, would otherwise be eligible to compete for employment in the competitive class of Civil Service." The three-judge court also granted declaratory and permanent injunctive relief, finding that Section 53 violated the Equal Protection Clause and the Supremacy Clause. Dougall v. Sugarman, 339 F.Supp. 906 (S.D.N.Y. 1971). Defendants appealed and the U.S. Supreme Court noted probable jurisdiction. Sugarman v. Dougall, 407 U.S. 908 (1972).

The Supreme Court (Justice Harry Blackmun) affirmed the ruling of the three-judge court, holding that Section 53's blanket ban on the employment of aliens in civil service positions had little or no relation to any legitimate state interest and therefore violated the Equal Protection Clause of the Fourteenth Amendment. Sugarman v. Dougall, 413 U.S. 634 (1973). See also Sugarman v. Dougall, 413 U.S. 634 (1973) (J. Rehnquist Dissenting).

As there is no PACER docket available, we do not know whether there was any subsequent case activity in the District Court following the Supreme Court opinion.

Summary Authors

Stephen Imm (8/29/2007)

People


Judge(s)

Blackmun, Harry Andrew (District of Columbia)

Attorney for Plaintiff

Broiles, David (Texas)

Evens, Lester (New York)

Gora, Joel M. (New York)

Attorney for Defendant

Gordon, Judith A. (New York)

Judge(s)

Blackmun, Harry Andrew (District of Columbia)

Lumbard, Joseph Edward (New York)

McLean, Edward Cochrane (New York)

Rehnquist, William Hubbs (District of Columbia)

Tenney, Charles Henry (New York)

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Documents in the Clearinghouse

Document

1:71-cv-00992

Opinion

May 24, 1971

May 24, 1971

Order/Opinion

330 F.Supp. 330

1:71-cv-00992

Opinion

Nov. 9, 1971

Nov. 9, 1971

Order/Opinion

339 F.Supp. 339

71-01222

Opinion

Sugarman v. Dougall

Supreme Court of the United States

May 12, 1972

May 12, 1972

Order/Opinion

407 U.S. 407

71-01336

Appellant Brief

Sugarman v. Dougall

New York state supreme court

Aug. 4, 1972

Aug. 4, 1972

Pleading / Motion / Brief

1972 WL 1972

71-01336

Appellee's Brief

Sugarman v. Dougall

Supreme Court of the United States

Sept. 16, 1972

Sept. 16, 1972

Pleading / Motion / Brief

71-01336

71-01222

Opinion

Sugarman v. Dougall

Supreme Court of the United States

June 25, 1973

June 25, 1973

Order/Opinion

413 U.S. 413

Resources

Docket

Last updated Jan. 24, 2024, 3:07 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: March 5, 1971

Closing Date: 1973

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All permanent resident aliens residing in New York State who, but for the enforcement of Section 53, would otherwise be eligible to compete for employment in the competitive class of Civil Service.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Adminstrator of New York City Human Resources Administration (New York), City

New York City Civil Service Commission (New York), City

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Available Documents:

Injunctive (or Injunctive-like) Relief

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1971 - None

Issues

Immigration/Border:

Constitutional rights

Employment