Case: Kulkarni v. Nyquist

6:76-cv-00344 | U.S. District Court for the Northern District of New York

Filed Date: Aug. 24, 1976

Closed Date: 1977

Clearinghouse coding complete

Case Summary

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. Constitutio…

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)

People


Judge(s)

Foley, James Thomas (New York)

Attorneys(s) for Plaintiff

Litwack, Thomas R. (New York)

Attorneys(s) for Defendant

Hoffman, Jack W. (New York)

Lefkowitz, Louis J. (New York)

McDougall, Robert D. (New York)

Judge(s)

Foley, James Thomas (New York)

Attorneys(s) for Plaintiff

Litwack, Thomas R. (New York)

Attorneys(s) for Defendant

Hoffman, Jack W. (New York)

Lefkowitz, Louis J. (New York)

McDougall, Robert D. (New York)

Documents in the Clearinghouse

Document

6:76-cv-00344

76-cv-00360

Opinion

446 F.Supp. 1269, 1977 U.S.Dist.LEXIS 18079

Jan. 5, 1977

Jan. 5, 1977

Order/Opinion

6:76-cv-00344

76-cv-00360

Opinion

446 F.Supp. 1274

June 3, 1977

June 3, 1977

Order/Opinion

Resources

Docket

Last updated July 17, 2022, 3:16 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: New York

Case Type(s):

Immigration and/or the Border

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):

Private Plaintiff

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:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1977 - None

Issues

General:

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

Immigration/Border:

Constitutional rights

Status/Classification