University of Michigan Law School
Civil Rights Litigation Clearinghouse
HOME
ABOUT
FOR TEACHERS
SEARCH
QUESTIONS
RECENT ADDITIONS
feedback/
suggestions
log in/
register
Case Profile
new search
page permalink
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 and/or the Border
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
compress summary
- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
General
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Immigration/Border
Constitutional rights
Plaintiff Type
Private Plaintiff
Causes of Action
42 U.S.C. § 1983
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Case Details
click to show/hide detail
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.
Class action status sought
Yes
Class action status granted
No
Filed Pro Se
No
Prevailing Party
Plaintiff
Public Int. Lawyer
Unknown
Nature of Relief
Injunction / Injunctive-like Settlement
Source of Relief
Litigation
Order Duration
1976 - n/a
Filed
1973
Case Closing Year
1976
Case Ongoing
No
Additional Resources
click to show/hide detail
See this case
at CourtListener.com
(May provide additional documents and, for active cases, real-time alerts)
Documents
click to show/hide detail
Court
Docket(s)
No docket sheet currently in the collection
General Documents
N.D. Miss.
08/15/1974
Opinion
(379 F.Supp. 1178)
IM-MS-0001-0001.pdf
|
WESTLAW
|
LEXIS
|
Detail
Source: Google Scholar
U.S. Court of Appeals
09/20/1976
Opinion
(538 F.2d 1166)
IM-MS-0001-0002.pdf
|
WESTLAW
|
LEXIS
|
Detail
Source: Google Scholar
U.S. Supreme Court
06/20/1977
Opinion
(432 U.S. 910)
IM-MS-0001-0003.pdf
|
WESTLAW
|
LEXIS
|
Detail
Source: Westlaw
People
click to show/hide detail
show all people docs
Judges
Brennan, William Joseph Jr.
(SCOTUS)
show/hide docs
IM-MS-0001-0003
Brown, John Robert
(Fifth Circuit)
show/hide docs
IM-MS-0001-0002
Burger, Warren Earl
(D.C. Circuit, SCOTUS)
show/hide docs
IM-MS-0001-0003
Coleman, James Plemon
(Fifth Circuit)
show/hide docs
IM-MS-0001-0001
Goldberg, Irving Loeb
(Fifth Circuit)
show/hide docs
IM-MS-0001-0002
Keady, William Colbert
(N.D. Miss.)
show/hide docs
IM-MS-0001-0001
Roney, Paul Hitch
(FISCR, Fifth Circuit, Eleventh Circuit)
show/hide docs
IM-MS-0001-0002
Smith, Orma Rinehart
(N.D. Miss.)
show/hide docs
IM-MS-0001-0001
Plaintiff's Lawyers
Shenfield, Mark H
(Mississippi)
show/hide docs
IM-MS-0001-0001 | IM-MS-0001-0002
Defendant's Lawyers
Noble, Ed Davis Jr.
(Mississippi)
show/hide docs
IM-MS-0001-0001 | IM-MS-0001-0002
- click to show/hide ALL -
new search
page permalink
- top of page -
Contact
Report an Error
Privacy Policy