Filed Date: Aug. 24, 1976
Closed Date: 1977
Clearinghouse coding complete
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.
Summary Authors
Erica Woodruff (8/8/2007)
Foley, James Thomas (New York)
Litwack, Thomas R. (New York)
Hoffman, Jack W. (New York)
Lefkowitz, Louis J. (New York)
McDougall, Robert D. (New York)
Foley, James Thomas (New York)
Last updated March 20, 2024, 3:09 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: New York
Case Type(s):
Key Dates
Filing Date: Aug. 24, 1976
Closing Date: 1977
Case Ongoing: No
Plaintiffs
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.
Plaintiff Type(s):
Public Interest Lawyer: Unknown
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Denied
Defendants
Commissioner of Education of New York, State
Case Details
Causes of Action:
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Order Duration: 1977 - None
Issues
General:
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Immigration/Border: