Davidson v. State of Ga., No. 79-3982

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtBefore RONEY, VANCE and SAM D. JOHNSON; PER CURIAM
Citation622 F.2d 895
PartiesG. DAVIDSON, a/k/a John Doe, Plaintiff-Appellant, v. STATE OF GEORGIA et al., Defendants-Appellees. Summary Calendar. *
Decision Date01 August 1980
Docket NumberNo. 79-3982

Page 895

622 F.2d 895
G. DAVIDSON, a/k/a John Doe, Plaintiff-Appellant,
v.
STATE OF GEORGIA et al., Defendants-Appellees.
No. 79-3982
Summary Calendar. *
United States Court of Appeals,
Fifth Circuit.
Aug. 1, 1980.

G. Davidson, pro se.

Page 896

John E. Bumgartner, Don A. Langham, First. Asst. Atty. Gen., H. Perry Michael, Sr. Asst. Atty. Gen., Kathryn L. Allen, Asst. Atty. Gen., Atlanta, Ga., for defendants-appellees.

Appeal from the United States District Court for the Northern District of Georgia.

Before RONEY, VANCE and SAM D. JOHNSON, Circuit Judges.

PER CURIAM:

Plaintiff, an unsuccessful applicant for the Georgia Bar, brought this action against the State of Georgia and various state departments and officials. In his complaint he alleged the Georgia Bar Examination was unconstitutionally designed and administered and the Georgia education system failed to prepare him to pass the exam. The district court dismissed for failure to state a claim upon which relief can be granted. We affirm.

Following two years of undergraduate study and receipt of an Associate in Arts degree, plaintiff entered law school in Atlanta, Georgia. Upon successful completion of the prescribed course of study and after taking a bar review course, plaintiff took and failed the February 1977 Georgia Bar Exam. He has taken and failed every Georgia Bar Exam since then.

Plaintiff filed suit in federal district court against the State of Georgia and the Board of Bar Examiners alleging a number of constitutional and statutory violations. In an amended complaint, plaintiff also attempted to add as defendants the "Director of the Board of Bar Examiners," the Chairman of the State Board of Education, the Chancellor of the State Board of Regents, the Secretary of State and the Governor of Georgia. The defendants moved to dismiss on the grounds that the complaint failed to state a claim, the action was barred by the Eleventh Amendment, and the federal court lacked subject matter jurisdiction. They also contended that several defendants were not properly served with process. The district court subsequently granted the motion to dismiss for failure to state a claim upon which relief could be granted, without considering defendants' other contentions.

Plaintiff attacks the Georgia Bar Examination itself on the following grounds: it serves no legitimate purpose and has no logical connection with an applicant's competence to practice law; it is unconstitutional because, unlike other professional examinations given by the State, there is no provision for taking and passing the examination in increments or for awarding extra points for veterans; it does not coincide with "the basic law school curriculum"; examinees are not allowed enough time to complete the examination and no special provisions are made for those who suffer from test anxiety or who lack the skills to take written tests; and other...

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48 practice notes
  • Part II
    • United States
    • Federal Register December 12, 2003
    • December 12, 2003
    ...426 U.S. 940, 49 L. Ed. 2d 393, 96 S.Ct. 2660 (1976); Poats v. Givan, 651 F.2d 495, 497 (7th Cir. 1981); Davidson v. State of Georgia, 622 F.2d 895, 897 (5th Cir. 1980); Sutton v. Lionel, 585 F.2d 400, 403 (9th Cir. 1978); Whitfield v. Illinois Board of Bar Examiners, 504 F.2d 474, 478 (7th......
  • Practice and procedure: Patent and trademark cases rules of practice; representation of others before Patent and Trademark Office,
    • United States
    • Federal Register December 12, 2003
    • December 12, 2003
    ...426 U.S. 940, 49 L. Ed. 2d 393, 96 S.Ct. 2660 (1976); Poats v. Givan, 651 F.2d 495, 497 (7th Cir. 1981); Davidson v. State of Georgia, 622 F.2d 895, 897 (5th Cir. 1980); Sutton v. Lionel, 585 F.2d 400, 403 (9th Cir. 1978); Whitfield v. Illinois Board of Bar Examiners, 504 F.2d 474, 478 (7th......
  • Taylor By and Through Walker v. Ledbetter, No. 85-8354
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • June 9, 1987
    ...which, if proved, would warrant the relief sought, it is proper to dismiss for failure to state a claim." Davidson v. State of Georgia, 622 F.2d 895, 897 (5th Cir.1980) (per curiam) (citations omitted); 14 see also Fullman v. Graddick, 739 F.2d 553, 556-57 (11th Cir.1984) ("In civil rights ......
  • McDonnell v. U.S., Nos. 91-5951
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • September 21, 1993
    ...the hands of a federal agency served with a FOIA request that would be non-disclosable under applicable state law. SeeDavidson v. Georgia, 622 F.2d 895, 897 (5th Cir.1980) (FOIA has no application to state governments) (citing 5 U.S.C.A. Secs. 551, 552). Still, other FOIA exemptions, in dif......
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46 cases
  • Taylor By and Through Walker v. Ledbetter, No. 85-8354
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • June 9, 1987
    ...which, if proved, would warrant the relief sought, it is proper to dismiss for failure to state a claim." Davidson v. State of Georgia, 622 F.2d 895, 897 (5th Cir.1980) (per curiam) (citations omitted); 14 see also Fullman v. Graddick, 739 F.2d 553, 556-57 (11th Cir.1984) ("In civil rights ......
  • McDonnell v. U.S., Nos. 91-5951
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • September 21, 1993
    ...the hands of a federal agency served with a FOIA request that would be non-disclosable under applicable state law. SeeDavidson v. Georgia, 622 F.2d 895, 897 (5th Cir.1980) (FOIA has no application to state governments) (citing 5 U.S.C.A. Secs. 551, 552). Still, other FOIA exemptions, in dif......
  • Thibodeaux v. Bordelon, No. 83-4027
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • August 16, 1984
    ...conclusory and that do not set forth facts that, if proved, would warrant the relief sought. See, e.g., Davidson v. Georgia, 5 Cir.1980, 622 F.2d 895, 897. Accordingly we assume that the defendant city officials and employees are guilty, at most, of 3 Section 1983 states in pertinent part: ......
  • Augustine v. Doe, No. 82-4573
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • August 16, 1984
    ...dismissal, we do not take account of such wholly conclusory, factually baseless allegations. See, e.g., Davidson v. Georgia, 5 Cir.1980, 622 F.2d 895, 7 In some cases, of course, a particular procedural safeguard is part of the substantive right, as in the sixth amendment's right to trial b......
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