Filed Date: Sept. 17, 1975
Closed Date: 1978
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In 1975, an Irish alien and lawful permanent resident ("LPR") in the U.S. brought a class action lawsuit in the U.S. District Court for the Southern District of New York to challenge a New York state law, Section 215(3) of the Executive Law of the State of New York, that prohibited aliens from employment as New York state troopers. The statute provided: "No person shall be appointed to the New York state police force unless he shall be a citizen of the United States." Plaintiff alleged that the law violated the Equal Protection Clause of the Fourteenth Amendment. He sought declaratory and injunctive relief, as well as class certification.
The parties stipulated that the case would proceed as a class action and that a three-judgment panel be convened to rule on the constitutional of the state law in question. They further agreed that the named plaintiff, Edmund Foley would be allowed to take the competitive police examination on September 20, 1975, with the stipulation that the results would not be used unless the court ordered it.
On July 8, 1976, the three-judge court (Judge Werker) upheld the state law as constitutional, finding that "the exclusion of noncitizens from service as state policemen is necessary to protect some substantial state interest." Foley v. Connelie, 419 F.Supp. 889, 899 (S.D.N.Y. 1976). Plaintiff appealed and the U.S. Supreme Court noted probably jurisdiction over the matter.
On March 22, 1978, the Supreme Court (Justice Burger) affirmed, holding that the challenged New York statute did not violate the Equal Protection Clause of the Fourteenth Amendment. Foley v. Connelie, 98 S.Ct. 1067 (1978).
Summary Authors
Erica Woodruff (8/8/2007)
Blackmun, Harry Andrew (District of Columbia)
Brennan, William Joseph Jr. (District of Columbia)
Burger, Warren Earl (District of Columbia)
Mansfield, Walter Roe (New York)
Gordon, Judith A. (New York)
Blackmun, Harry Andrew (District of Columbia)
Brennan, William Joseph Jr. (District of Columbia)
Burger, Warren Earl (District of Columbia)
Mansfield, Walter Roe (New York)
Marshall, Thurgood (District of Columbia)
Powell, Lewis Franklin Jr. (District of Columbia)
Rehnquist, William Hubbs (District of Columbia)
Stevens, John Paul (District of Columbia)
Stewart, Potter (District of Columbia)
Werker, Henry Frederick (New York)
White, Byron Raymond (District of Columbia)
Last updated Jan. 14, 2024, 3:06 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: New York
Case Type(s):
Key Dates
Filing Date: Sept. 17, 1975
Closing Date: 1978
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Irish citizen and Lawful Permanent Resident who, on behalf of others with similar status, challenged state law prohibiting noncitizens from being employed by the New York state police.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Superintendent and Director of Personnel of the New York State Police (New York City), State
Case Details
Causes of Action:
Constitutional Clause(s):
Available Documents:
U.S. Supreme Court merits opinion
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
General:
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Immigration/Border: