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Constitutional Law Keyed to Choper
Sugarman v. Dougall
Citation:
413 U.S. 634 (1973)Facts
The four appellees, Patrick McL. Dougall, Esperanza Jorge, Teresa Vargas, and Sylvia Castro, were federally registered resident aliens employed by the Manpower Career and Development Agency (MCDA) of New York City’s Human Resources Administration. Prior to December 28, 1970, they had been employed by nonprofit organizations that received funds through HRA from the U.S. Office of Economic Opportunity. When these organizations were absorbed by MCDA, the appellees were initially employed by the city. However, in February 1971, they were informed that they were ineligible for employment by the city under Section 53(1) of the New York Civil Service Law, which prohibited non-citizens from holding positions in the competitive class of civil service. They were subsequently discharged solely because of their alienage. The appellees then brought a class action challenging the constitutionality of Section 53, seeking declaratory and injunctive relief, as well as damages for lost earnings. The state defended the statute, arguing that it established a classification reflecting the special requirements of public employment and that civil servants must be free of competing obligations to another power.
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