Torres v. Puerto Rico Junior College
| Decision Date | 18 April 1969 |
| Docket Number | Civ. No. 144-69. |
| Citation | 298 F. Supp. 458 |
| Parties | Jose Colon TORRES et al., Plaintiffs, v. PUERTO RICO JUNIOR COLLEGE, Ana G. Méndez, et al., Defendants. |
| Court | U.S. District Court — District of Puerto Rico |
Roberto Jose Maldonado, San Juan, P. R., Michael Kennedy, New York City, for plaintiffs.
Francisco Ponsa Feliu, Alberto Pico, San Juan, P. R., for defendants.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The complaint in this case was filed on February 28, 1969, seeking equitable relief against the defendants for the suspension of six students by the school authorities of Puerto Rico Junior College, a private school belonging to a non profit organization. On that same date, the Court issued a temporary restraining order enjoining the suspensions until the date of the hearing, set for March 7, 1960, where defendants were to show cause why a preliminary injunction should not be issued. On March 4, 1969* defendants filed a motion to dismiss for lack of jurisdiction, and argument on said motion was heard during the hearing held on March 7, 1969. At the end of the hearing, the Court granted the parties until March 13 to file memoranda on the question of jurisdiction and extended the restraining order until that date. Subsequently, the restraining order was further extended by the Court, motu proprio, until March 15, 1969.
Upon consideration of the memoranda of the parties, the Court entered an order on March 14, 1969, holding that it had no jurisdiction in an action against private individuals or organizations for alleged violations of constitutional rights unless the parties defendants were, in fact, a state agency, its equivalent, or any entity acting under color of state law. The Court thereupon set an evidentiary hearing for March 14, 1969 to receive evidence by the plaintiffs in support of their contention that Puerto Rico Junior College could be considered a state agency, its equivalent, or that it was acting under color of state authority. The hearing was continued until March 18, 1969. With the consent of the defendants, the restraining order was extended until that date.
At the final hearing, the plaintiffs offered oral testimony and documentary evidence for the purpose stated above, and the matter was submitted to the Court for decision.
Upon due consideration of the evidence and the applicable law, the Court makes the following:
FINDINGS OF FACT
1. Puerto Rico Junior College is a non profit private corporation devoted to education at the college level. It is governed by a self perpetuating board of trustees, none of whom are public officers.
2. The testimony of Mrs. Ana Méndez, President of the College, to which the Court gives full credit, shows that there is no intervention or supervision by the Commonwealth or Federal authorities in the administration or policies of the institution.
3. During the past three years Puerto Rico Junior College received certain funds as grants from the Federal government for plant development and for its regular operations. The following summary, taken from Exhibit A of the defendants, shows the funds received by the College and their relation to the total assets or income of the College.
For Plant Development
% of Total
Year Total Received Total Assets Assets
1966-67 $ 97,516.00 $3,044,567.00 3.20%
1967-68 135,546.00 3,994,631.00 3.39%
1968-69 85,970.00 (est.) 4,000,000.00 (est.) 2.1% (est.)
For Operations
Total % of Total
Year Total Received Operation Income Income
1967-68 8,670.00(E) 1,613,094.00 .5%
1968-69 49,000.00(F) 1,856,102.00 (est.) 2.6% (est.)
For Operations (Restricted for Direct Faculty Scholarships)
Total % of Total
Year Total Received Operation Income Income
1967-68 15,000.00 1,613,094.00 1955%
1968-69 24,000.0 1,856,102.00 (est.) 1.6% (est.)
For Operations (Restricted for Direct Student Aid (Scholarship &
Work)
Total % of Total
Year Total Received Operation Income Income
1965-66 10,065.00 851,900.00 1.18%
1966-67 26,470.00 1,148,266.00 2.31%
1967-68 35,454.00 1,613,094.00 2.10%
1968-69 8,100.00 1,856,102.00 (est.) 1.6% (est.)
4. Puerto Rico Junior College has also received in the past year loans from different Federal sources which are summarized as follows:
Loans Restricted to Students—National Defense Student Loan Program
—P.L. 88-329
Total % of Total
Year Total Received Operation Income Income
1963-64 16,679.00 442,108.00 3.7%
1964-65 32,000.00 476,857.00 6.71%
1965-66 44,066.00 851,900.00 5.17%
1966-67 52,375.00 1,148,266.00 4.56%
1967-68 63,044.00 1,613,094.00 3.91%
1968-69 46,522.00 (est.) 1,856,102.00 (est.)
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