Case: Jagnandan v. Giles

1:73-00009 | U.S. District Court for the Northern District of Mississippi

Filed Date: Jan. 19, 1973

Closed Date: 1976

Clearinghouse coding complete

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 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 th…

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).

Summary Authors

Stephen Imm (8/23/2007)

People


Judge(s)

Brennan, William Joseph Jr. (District of Columbia)

Brown, John Robert (Louisiana)

Burger, Warren Earl (District of Columbia)

Coleman, James Plemon (Louisiana)

Goldberg, Irving Loeb (Louisiana)

Keady, William Colbert (Mississippi)

Roney, Paul Hitch (Florida)

Smith, Orma Rinehart (Mississippi)

Attorneys(s) for Plaintiff

Shenfield, Mark H (Mississippi)

Attorneys(s) for Defendant

Noble, Ed Davis Jr. (Mississippi)

Judge(s)

Brennan, William Joseph Jr. (District of Columbia)

Brown, John Robert (Louisiana)

Burger, Warren Earl (District of Columbia)

Coleman, James Plemon (Louisiana)

Goldberg, Irving Loeb (Louisiana)

Keady, William Colbert (Mississippi)

Roney, Paul Hitch (Florida)

Smith, Orma Rinehart (Mississippi)

Attorneys(s) for Plaintiff

Shenfield, Mark H (Mississippi)

Attorneys(s) for Defendant

Noble, Ed Davis Jr. (Mississippi)

Documents in the Clearinghouse

Document

Opinion

379 F.Supp. 1178

Aug. 15, 1974 Order/Opinion

Opinion

U. S. Court of Appeals for the Fifth Circuit

538 F.2d 1166

Sept. 20, 1976 Order/Opinion

Opinion

Supreme Court of the United States

432 U.S. 910, 53 L.Ed.2d 1083

June 20, 1977 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: Mississippi

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Jan. 19, 1973

Closing Date: 1976

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three resident aliens and residents of Mississippi who were denied in-state college tuition because of their immigration status.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Board of Trustees of the State Institutions of Higher Learning, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Constitutional Clause(s):

Due Process

Equal Protection

Freedom of speech/association

Right to travel

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1976 - None

Issues

General:

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Immigration/Border:

Constitutional rights