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DOHERTY v. RUTGERS SCHOOL OF LAW-NEWARK

Civ. A. No. 79-2698.

487 F.Supp. 1291 (1980)

Robert L. DOHERTY, Plaintiff, v. RUTGERS SCHOOL OF LAW-NEWARK et al., Defendants, and Asian American Law Students Association, Tom Lee Ching Chiu, and Asian American Legal Defense and Education Fund, Inc., Defendants-Intervenors, and Association of Black Law Students, Arlene Munn and Albert Foster, Defendants-Intervenors, and Association of Latin American Law Students of Rutgers Law School-Newark and Euladio Santiago and Helida Pacheco, Individually, Defendants-Intervenors, and The Student Bar Association of Rutgers School of Law-Newark, Federacion Latino Americanos, Lazaro Alvarez, Anthony Gartmond and Iris Muniz, Defendants-Intervenors, and The Women's Caucus of the Rutgers School of Law, Newark, New Jersey, Defendants-Intervenors.

United States District Court, D. New Jersey.

As Amended April 28, 1980.

Attorney(s) appearing for the Case

Robert L. Doherty, pro se.

Clyde A. Szuch, Ronnie F. Liebowitz, Pitney, Hardin & Kipp, Morristown, N. J., for defendant Rutgers and the individual defendants.

Stuart Ball, Ball, Hayden, Kiernan & Livingston, Newark, N. J., for defendant-intervenor Asian Am. Law Student Ass'n.

Stanley Mark, Arthur Soong, Bill Lann Lee, Asian Am. Legal Defense & Ed. Fund, Inc., New York City, for defendant-intervenor Asian Am. Legal Defense & Ed. Fund, Inc.

Ramon Ortiz, Seton Hall Law School, Newark, N. J., for defendant-intervenor Ass'n. of Latin Am. Law Students et al.

Golden Johnson, Newark, N. J., for defendant-intervenor Ass'n. of Black Law Students et al.

Morton Stavis, Lennox S. Hinds, Newark, N. J., for defendants-intervenors the Student Bar Ass'n et al.

Nadine Taub, Patricia Thornton, Denise Reinhardt, Newark, N. J., for defendant-intervenor the Women's Caucus of the Rutgers School of Law-Newark.

OPINION

WHIPPLE, Senior District Judge.

Plaintiff in this case invites the Court to invalidate on federal constitutional and statutory grounds a minority student admissions program at the Rutgers University School of Law-Newark (hereinafter "Rutgers" or "the law school"). Defendants urge the Court to dismiss the complaint for lack of subject matter jurisdiction on account of plaintiff's alleged want of standing or, in the alternative, to impose a protective...

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