Ad-Hoc Committee of Baruch Black and Hispanic Alumni Ass'n v. Bernard M. Baruch College, AD-HOC
| Court | United States Courts of Appeals. United States Court of Appeals (2nd Circuit) |
| Writing for the Court | Before TIMBERS, MESKILL and KEARSE; MESKILL |
| Citation | 835 F.2d 980 |
| Parties | 43 Ed. Law Rep. 897 COMMITTEE OF the BARUCH BLACK AND HISPANIC ALUMNI ASSOCIATION; Joseph Sellman, on behalf of himself and all others similarly situated, Plaintiffs-Appellants, v. BERNARD M. BARUCH COLLEGE; Joel Segall in his official capacity, Defendants-Appellees. ocket 87-7019. |
| Decision Date | 22 December 1987 |
| Docket Number | No. 202,AD-HOC,D |
Page 980
ASSOCIATION; Joseph Sellman, on behalf of himself
and all others similarly situated,
Plaintiffs-Appellants,
v.
BERNARD M. BARUCH COLLEGE; Joel Segall in his official
capacity, Defendants-Appellees.
Second Circuit.
Decided Dec. 22, 1987.
David Cole, Center for Constitutional Rights, New York City (Frank E. Deale, Michael Ratner, Center for Constitutional Rights, New York City, of counsel), for plaintiffs-appellants.
David B. Rigney, Office of the Gen. Counsel and Vice Chancellor for Legal Affairs, The City University of New York, New York City (Pamela S. Dwyer, Office of the Gen. Counsel and Vice Chancellor for Legal Affairs, The City University of New York, New York City, of counsel), for defendants-appellees.
Jonathan H. Hines, Philippe Benoit, Debevoise & Plimpton, New York City, Wilhelm Joseph, National Conference of Black Lawyers, New York City, of counsel, for amici curiae The Nat. Conference of Black Lawyers and The Nat. Black Law Students Ass'n.
Before TIMBERS, MESKILL and KEARSE, Circuit Judges.
MESKILL, Circuit Judge:
This is an appeal from an order entered in the United States District Court for the Southern District of New York, Owen, J., dated December 15, 1986, dismissing plaintiffs-appellants' complaint pursuant to Fed.R.Civ.P. 12(c). Plaintiffs are alumni of Bernard M. Baruch College (Baruch College or the College), a branch of the City University of New York. They seek to form an alumni association dedicated to the concerns of minority students and alumni of Baruch College which will be incorporated and officially recognized as the Bernard M. Baruch Black and Hispanic Alumni Association (Black and Hispanic Alumni Association). Plaintiffs are collectively known
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as the Ad-Hoc Committee of the Baruch Black and Hispanic Alumni Association (Ad-Hoc Committee). They have brought a class action alleging that Baruch College's selective refusal to grant recognition to their group, while having granted official recognition to another alumni association, the Bernard M. Baruch Alumni Association, Inc. (Baruch Alumni Association), violated among other things the First Amendment and the Equal Protection Clause of the Fourteenth Amendment. We hold that the district court erred in dismissing the action at this point in the proceedings. We therefore vacate the district court's order and remand the case to the district court for further proceedings.In recent years, increasing numbers of Black and Hispanic students have enrolled at Baruch College. For example, in the freshman class entering the College in the fall of 1983, 417 students were Caucasian, 395 were Black, 176 were Hispanic and 157 were Asian. The plaintiffs desire to form an alumni association that will address the particular interests of minority students and alumni of Baruch College, including job opportunities and the high dropout rate among minority students. Under the proposed by-laws of the Black and Hispanic Alumni Association, membership would be open to all graduates of Baruch College, students in the senior class, faculty and staff, without regard to race or ethnic origin.
In November 1982 the Ad-Hoc Committee by letter informed Joel Segall, the President of Baruch College, of its intent to form the Black and Hispanic Alumni Association. Segall responded by letter in December 1982, stating that he was pleased that the group was forming, but adding that another alumni association already had been established. He noted that although the existing alumni association's activities "would not bar your group from forming to serve purposes and needs that are special to you and perhaps not within the broader purview of the Alumni Association," he hoped that the plaintiffs' group would "ally itself actively" with the existing alumni association.
Plaintiffs proceeded to prepare a certificate of incorporation for the Black and Hispanic Alumni Association, but they were unable to file the certificate without the approval of Segall. In April 1984, members of the Ad-Hoc Committee met with Segall and other members of...
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St. Francis Hosp. v. Sebelius, No. 09 CV 1528(DRH)(AKT).
...failure to state a claim under Fed.R.Civ.P. 12(b)(6).” Ad–Hoc Comm. of Baruch Black & Hispanic Alumni Ass'n v. Bernard M. Baruch Coll., 835 F.2d 980, 982 (2d Cir.1987); accord Hayden v. Paterson, 594 F.3d 150, 160 (2d Cir.2010). To survive a motion to dismiss under Rule 12(b)(6), a plaintif......
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St. Francis Hosp. v. Sebelius, No. 09 CV 1528DRHAKT.
...failure to state a claim under Fed.R.Civ.P. 12(b)(6).” Ad–Hoc Comm. of Baruch Black & Hispanic Alumni Ass'n v. Bernard M. Baruch Coll., 835 F.2d 980, 982 (2d Cir.1987) ; accord Hayden v. Paterson, 594 F.3d 150, 160 (2d Cir.2010). To survive a motion to dismiss under Rule 12(b)(6), a plainti......
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Burns v. Trombly, Civil Action No. 9:05-cv-1204 (GLS/GHL).
...Sheppard v. Beerman, 18 F.3d 147, 150 (2d Cir.1994), which cites Ad-Hoc Comm. of Baruch Black and Hispanic Alumni Ass'n v. Baruch College, 835 F.2d 980, 982 (2d Cir.1987), which cites Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957)]; Douek v. U.S. Dept. of Educ., 231 ......
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Sheppard v. Beerman, No. CV-91-1349.
...as that applicable to a motion under 12(b)(6). See Ad-Hoc Comm. of Baruch Black and Hispanic Alumni Ass'n v. Bernard M. Baruch College, 835 F.2d 980, 982 (2d Cir.1987). Under that test, a court must accept the allegations contained in the complaint as true, and draw all reasonable inference......
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Burrell v. City University of New York, No. 94 CIV. 8711(RWS).
...a complaint for failure to state a claim under Fed.R.Civ.P. 12(b)(6) are applicable." Page 406 Ad-Hoc Comm. v. Bernard M. Baruch College, 835 F.2d 980, 982 (2d Cir.1987) (citations omitted). In considering the motion, all of plaintiff's "well pleaded factual allegations ... are assumed to b......
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St. Francis Hosp. v. Sebelius, No. 09 CV 1528(DRH)(AKT).
...failure to state a claim under Fed.R.Civ.P. 12(b)(6).” Ad–Hoc Comm. of Baruch Black & Hispanic Alumni Ass'n v. Bernard M. Baruch Coll., 835 F.2d 980, 982 (2d Cir.1987); accord Hayden v. Paterson, 594 F.3d 150, 160 (2d Cir.2010). To survive a motion to dismiss under Rule 12(b)(6), a plaintif......
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Colaio v. Feinberg, No. 03 Civ. 0558(AKH).
...be construed liberally in favor of the plaintiffs." Ad-Hoc Comm. of Baruch Black & Hispanic Alumni Ass'n v. Bernard M. Baruch Coll., 835 F.2d 980, 982 (2d Plaintiffs have brought motions for summary judgment under Rule 56 of the Federal Rules of Civil Procedure. Summary judgment may be gran......
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St. Francis Hosp. v. Sebelius, No. 09 CV 1528DRHAKT.
...failure to state a claim under Fed.R.Civ.P. 12(b)(6).” Ad–Hoc Comm. of Baruch Black & Hispanic Alumni Ass'n v. Bernard M. Baruch Coll., 835 F.2d 980, 982 (2d Cir.1987) ; accord Hayden v. Paterson, 594 F.3d 150, 160 (2d Cir.2010). To survive a motion to dismiss under Rule 12(b)(6), a plainti......