Albert v. Carovano, 87-7111
| Decision Date | 22 September 1987 |
| Docket Number | No. 87-7111,87-7111 |
| Citation | 839 F.2d 871 |
| Parties | 44 Ed. Law Rep. 1068 Braden L. ALBERT, Francis J. Callard, Julie L. Jones, Gur Melamede, Molly Mysliwiec, Demetri Orlando, Michelle Paninos, Cathleen Perry, Amy Rozgonyi, Gregory Shin, Michael Tilman, and Johnette Traill, Appellants, v. J. Martin CAROVANO, President of Hamilton College; Jane L. Jervis, Dean of Students at Hamilton College; and Hamilton College, Appellees. |
| Court | U.S. Court of Appeals — Second Circuit |
In respect to the third cause of action alleged in the complaint, we are in accord with Judge Winter that 42 U.S.C. Sec. 1981 is directed toward racial or ethnic discrimination. See St. Francis College v. Al-Khazraji, --- U.S. ----, 107 S.Ct. 2022, 95 L.Ed.2d 582 (1987); Shaare Tefila Congregation v. Cobb, --- U.S. ----, 107 S.Ct. 2019 (1987); Zemsky v. City of New York, 821 F.2d 148, 150 (2d Cir.1987). We also agree that section 1981 does not cover discrimination based on sexual orientation or on relationships to college alumni or on the content of all protests. But, while not artfully pleaded, as we view the complaint insofar as it alleges discrimination against blacks or Latins or against white persons suffering reprisal as a result of efforts to vindicate the rights of nonwhites, DeMatteis v. Eastman Kodak Co., 511 F.2d 306, 311-12 (2d Cir.), modified on other grounds, 520 F.2d 409 (1975), it is sufficient. True, as our original opinion noted 824 F.2d 1333, 1341, the complaint must contain more than mere "naked assertions." Martin v. New York State Dep't of Mental Hygiene, 588 F.2d 371, 372 (2d Cir.1978). This complaint, by virtue of reallegation in Paragraph 34 of earlier allegations of the complaint, alleges (Paragraph 7) "repeated expressions of racist ... prejudice on the Hamilton College [campus], including racial slurs directed to black women students and death threats directed at one black woman student" and refers (Paragraph 9) to "racism, sexism and other forms of prejudice at Hamilton" (emphasis added) and that certain events scheduled at the college as well as the remarks of the defendant Caravano were "insensitive and offensive to blacks and women" (emphasis added). It is in light of these allegations that Paragraph 35 alleges selective enforcement of the college rules on student conduct against plaintiffs because of their criticisms of racism, sexism, and other prejudices at Hamilton and "the Administration's...
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Doherty v. Bice
...suspensions of twelve students at a private college. Albert v. Carovano, 824 F.2d 1333, 1339 (2d Cir.), modified on reh'g, 839 F.2d 871 (2d Cir. 1987), on reh'g en banc, 851 F.2d 561 (2d Cir. 1988). The Second Circuit noted that, "at a minimum, the students' protected liberty interest is at......
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Albert v. Carovano
...The students appealed, and a divided panel of this court reversed. Albert v. Carovano, 824 F.2d 1333, modified on rehearing, 839 F.2d 871 (2d Cir.1987). We ordered reconsideration in banc upon appellees' suggestion, and we now vacate the panel opinion. We affirm the dismissal of the Section......
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East v. City of Chicago
... ... establish discriminatory intent." Nor is it alone in delivering that message: For example, Albert v. Carovano, 824 F.2d 1333, 1341 (2d Cir.), modified on reh'g, 839 F.2d 871 (2d Cir.1987), ... ...
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Donohue v. Baker
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