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.

Erica Woodruff - 08/08/2007


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