Cooper v. Nix

• Decision Date: 29 May 1972
• Docket Number: Civ. A. No. 17492.
• Citation: 343 F. Supp. 1101
• Parties: Fred COOPER et al. v. Honorable Enoch T. NIX, etc., et al.
• Court: U.S. District Court — Western District of Louisiana

343 F. Supp. 1101

Fred COOPER et al. v. Honorable Enoch T. NIX, etc., et al.

Civ. A. No. 17492.

United States District Court, W. D. Louisiana, Shreveport Division.

May 29, 1972.

COPYRIGHT MATERIAL OMITTED

Donn Moss, P. Raymond Lamonica, Hebert, Moss & Graphia, Baton Rouge, La., for plaintiffs.

Fred Benton, Jr., Benton & Moseley, Baton Rouge, La., Tom Matheny, Pittman & Matheny, Hammond, La., for defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW ON MOTION FOR PRELIMINARY INJUNCTION

DAWKINS, Chief Judge.

In this action, plaintiffs challenge the application and implementation of on-campus housing regulations at Southeastern Louisiana University (SLU) in Hammond, Louisiana.

The matter first came before the Court January 6, 1972, when plaintiffs sought a temporary restraining order prohibiting defendants from requiring students 21 years and older to live in campus dormitories while others were permitted to live off campus. Because of this Court's prior familiarity with the applicable State regulations through Pratz v. Louisiana Polytechnic Institute, 316 F.Supp. 872 (W.D.La., 1970, three-Judge Court), appeal dismissed 401 U.S. 951, 91 S.Ct. 1186, 28 L.Ed.2d 234, affirmed summarily per cur. 401 U.S. 1004, 91 S.Ct. 1252, 28 L.Ed.2d 541 and due to the advanced academic class standing and correlative irreparable injury, the temporary restraining order was granted. Due to this Court's crowded docket, however, a hearing on the preliminary injunction was delayed until April 10, 1972.

After a three-day hearing, based upon the evidence adduced and again because of the Court's prior familiarity with the written regulations and law through Pratz, a preliminary injunction was granted at the close of evidence and arguments.

The record was left open for the introduction of depositions of State Board members, Louis J. Michot and Jesse Bankston and former President of SLU, Luther Dyson. The question of a final injunction will be taken under advisement upon preparation of the transcript of testimony and briefing. The present findings of fact and conclusions of law are based upon the record in its present posture, subject to further findings and conclusions after benefit of further evidence and briefs.

This Court has jurisdiction over the properly asserted class action (Fed.R. Civ.P. 23) based upon 28 U.S.C. §§ 1343 (3), (4), 2201, and 42 U.S.C. § 1981 et seq. Plaintiffs asserted venue in the Western District of Louisiana because the majority of the defendants reside in the Western District and the President and Vice President of the State Board of Education reside in the Shreveport Division of this District. Plaintiffs further asserted venue here due to this Court's prior familiarity with State regulations through the Pratz decision (see complaint, Paragraphs 1 and 2). Defendants have not challenged venue, but rather admitted proper venue (Answer, Paragraph 2).

Defendants have challenged the subject matter jurisdiction of this Court, but that challenge clearly is without merit. (See, e. g., 42 U.S.C. § 1983). All other motions by defendants, primarily those to dismiss for failure to state a claim upon which relief can be granted and for summary judgment, were referred to the merits and do not require separate treatment here.

Defendants also challenge plaintiffs' standing to maintain this action. Plaintiffs are all students at SLU who assert the action individually and as class representatives. Plaintiff DeLord, at the time suit was filed, was a 21-year-old senior who desired to live off campus at Cardinal Newman Hall, a residence operated by the Roman Catholic Diocese of Baton Rouge, described more fully infra. Plaintiff Michele, at the time suit was filed, was 22 years old and also desired to live at Cardinal Newman Hall. Plaintiff Doerries was a 22-year-old senior and desired to live off campus at a place of his own choosing (not Cardinal Newman Hall). At the time of trial, Doerries and Michele were no longer students, Doerries having graduated and Michele having withdrawn from the University for personal reasons. Doerries did, however, testify at the trial, and documents relating to both were introduced into evidence. Both Doerries and Michele, along with the other individual plaintiffs, were required to execute surety agreements with the University in order to continue in school. Thus, they still have a real (monetary, in addition to constitutional,) interest in this litigation and thus still have standing to assert this cause of action individually and as class representatives.

Plaintiff Fred Cooper is president of the Student Government Association and entered into this litigation pursuant to a resolution of the Student Senate which was approved by a majority of the student senators. In the context of this case, it cannot seriously be argued that Cooper is not a proper plaintiff and class representative. We find, therefore, that plaintiffs have standing to attack the questioned regulations and their implementation.

". . . the question of standing is related only to whether the dispute sought to be adjudicated will be presented in an adversary context and in a form historically viewed as capable of judicial resolution." Flast v. Cohen, 392 U.S. 83, 101, 88 S.Ct. 1942, 1953, 20 L.Ed.2d 947 (1968). See also Association of Data Processing Service Organizations, Inc., v. Camp, 397 U.S. 150, 90 S.Ct. 827, 25 L.Ed.2d 184 (1970); Barlow v. Collins, 397 U.S. 159, 90 S.Ct. 832, 25 L.Ed.2d 192 (1970); Eisenstadt v. Baird, 405 U.S. 438, 92 S.Ct. 1029, 31 L.Ed.2d 349 (1972).

Contrary to defendants' contention, this matter is "ripe" for adjudication. Each of the individual plaintiffs has exhausted all available administrative or institutional remedies without relief (with the exception of Cooper due to his unique standing). The plaintiffs have made every available effort to obtain relief to all institutional authorities and were afforded no relief. They applied then to the State Board of Education, but after several months no action was taken on their appeals. While it is clear that a 42 U.S.C. § 1983 action is supplemental to State relief, Moreno v. Henckel, 431 F.2d 1299 (5th Cir., 1970), and exhaustion may not be required, it is clear here that plaintiffs have made prior reference to institutional authority and have an authoritative institutional decision. See Hall v. Garson, 430 F.2d 430, 436 note 11 (5th Cir., 1970); Stevenson v. Board of Education, 426 F.2d 1154 (5th Cir., 1970). No evidence was introduced to show otherwise.

Contrary to the situation that existed in Pratz, this is not a proper case for a three-Judge District Court pursuant to 28 U.S.C. § 2281. Plaintiffs do not challenge a statute or policy having state-wide application and which, if enjoined, would paralyze an entire state-wide policy. Plaintiffs challenge only the implementation and application of on-campus housing regulation requirements at SLU. The record, in fact, reflects that there is not a systematic state-wide policy, and that discretion is left to University officials. See Moody v. Flowers, 387 U.S. 97, 87 S.Ct. 1544, 18 L.Ed.2d 643 (1967); Dusch v. Davis, 387 U.S. 112, 87 S.Ct. 1554, 18 L.Ed.2d 656 (1967). Cf. Mitchell v. Donovan, 398 U.S. 427, 90 S.Ct. 1763, 26 L.Ed.2d 378 (1970).

Progeny of Pratz?

Due to heavy reliance by defendants on Pratz v. Louisiana Polytechnic Institute, supra, it is incumbent upon this Court, as the author of that opinion, to place Pratz in its proper perspective. This is uniquely appropriate here since defendants rely upon language of this Judge in Pratz to support their position.

Pratz was a broadside and "shotgun" attack upon the entire concept of reasonable parietal rules. The plaintiffs there argued that no parietal rules were valid, relying primarily on the First Amendment.

The matter was heard upon stipulation of facts and affidavits by way of a Motion for Summary Judgment. No "live" evidence was taken as to the actual implementation and application of the parietal rules.

Significantly, all individual plaintiffs in that case were under 21 years of age. The title of the case reflects that their fathers were suing on behalf of their minor sons. The complaints in each of the consolidated cases also reflected that students over 21 were not in fact being required to live on campus. This, of course, explains why there were no major student plaintiffs. There was no evidence reflecting that students over 21 were being required to live on campus, and Louisiana Tech's rules did not so require.

While the schedules (regulations) do contain the phrase "regardless of age," no special significance was attached to that phrase in light of the nature of the action by minors and in light of the overwhelming number of issues presented and documents introduced into evidence.

This Judge, as author of Pratz, the results, rather than opinion, being concurred in by Judge Edwin Hunter (who specifically concluded in his concurrence that "as this case comes to us, it concerns not a statewide matter but rather a situation unique to Louisiana Tech . . ."), did not intend to indicate that the State had the right to set up parietal rules for students at State supported institutions "regardless of age." A determination of the "regardless of age" issue was not necessary for disposition of the issues presented in Pratz. That issue was not clearly before the Court and any language tending to support such a conclusion must be recognized as, at best, mere dictum.

Age 23 "Exemption"

In their verified complaint, plaintiffs allege that defendants were requiring, pursuant to written regulation in the SLU Handbook, single undergraduate students 21 and 22 years old to live on campus, setting age 23 as an automatic exemption for off-campus residence privileges.¹ Plaintiffs challenge the age 23 requirement as arbitrary and a violation of equal protection, substantive due process, and First Amendment rights, especially in light of the...