Jaghory v. New York State Dept. of Educ., Nos. 168

CourtUnited States Courts of Appeals. United States Court of Appeals (2nd Circuit)
Writing for the CourtBefore OAKES, MESKILL and CALABRESI; OAKES
Citation1997 WL 765607,131 F.3d 326
PartiesZia JAGHORY, Plaintiff-Appellant, v. NEW YORK STATE DEPARTMENT OF EDUCATION, Thomas Sobel, Commissioner of Education of the State of New York, in his official and individual capacity, Regents of the University of the State of New York, R. Carlos Carballada, individually and in his official capacity as Chancellor of the University of the State of New York, Jorge L. Batista, Shirley C. Brown, Walter Cooper, Willard A. Genrich, Norma Gluck, Emlyn I. Griffith, Carl T. Hayden, Mimi Leven Lieber, Floyd S. Linton, Saul Cohen, Louise P. Matteoni, James C. Dawson, Diane O'Neil McGivern and Adelaide L. Sanford, individually and in their official capacity as members of the Board of Regents of the University of the State of New York, New York State Board of Medicine, Defendants-Appellees.
Decision Date15 December 1997
Docket Number97-7037,Nos. 168

Page 326

131 F.3d 326
Zia JAGHORY, Plaintiff-Appellant,
v.
NEW YORK STATE DEPARTMENT OF EDUCATION, Thomas Sobel,
Commissioner of Education of the State of New York, in his
official and individual capacity, Regents of the University
of the State of New York, R. Carlos Carballada, individually
and in his official capacity as Chancellor of the University
of the State of New York, Jorge L. Batista, Shirley C.
Brown, Walter Cooper, Willard A. Genrich, Norma Gluck, Emlyn
I. Griffith, Carl T. Hayden, Mimi Leven Lieber, Floyd S.
Linton, Saul Cohen, Louise P. Matteoni, James C. Dawson,
Diane O'Neil McGivern and Adelaide L. Sanford, individually
and in their official capacity as members of the Board of
Regents of the University of the State of New York, New York
State Board of Medicine, Defendants-Appellees.
Nos. 168, 97-7037.
United States Court of Appeals,
Second Circuit.
Argued Sept. 22, 1997.
Decided Dec. 15, 1997.

Page 327

Walter C. Reid, New York City (Carl E. Person, Person & Reid, of counsel), for Plaintiff-Appellant.

Barbara K. Hathaway, Assistant Attorney General for the State of New York, New

Page 328

York City (Dennis C. Vacco, Attorney General, Peter H. Schiff, Deputy Solicitor General, Michael Belohlavek, Assistant Attorney General, of counsel), for Defendants-Appellees.

Before OAKES, MESKILL and CALABRESI, Circuit Judges.

OAKES, Senior Circuit Judge:

Plaintiff Zia Jaghory ("Jaghory") appeals under 28 U.S.C. § 1291 from a final order entered December 5, 1996, in the United States District Court for the Eastern District of New York (Frederic Block, J.), dismissing his claims brought under the Civil Rights Act of 1871, 42 U.S.C. §§ 1983, 1985, and the New York State Human Rights Law, N.Y. Exec. Law §§ 290-301. Jaghory brought his claims against the New York State Department of Education, Thomas Sobel in his official and individual capacity as Commissioner of Education of the State of New York, the Board of Regents of the University of the State of New York, R. Carlos Carballada in his official and individual capacity as Chancellor of the University of the State of New York, named members of the Board of Regents in their official and individual capacities, and the New York State Board of Medicine [collectively, the "Board"]. Jaghory seeks to challenge, under the Equal Protection and Supremacy Clauses of the U.S. Constitution, New York state medical licensing laws that determine the length of residency required of graduates of foreign medical schools. The challenged laws distinguish applicants who were citizens or aliens with permanent U.S. residency status, from those who were non-resident aliens, at the time of their enrollment in foreign medical school. Jaghory claims error in the district court's determinations that the Eleventh Amendment of the U.S. Constitution bars his claims for damages against defendants in their official capacities, that Jaghory's claims for declaratory and injunctive relief against defendants are moot, and that the applicable statute of limitations bars his claims for damages against defendants in their individual capacities. We do not reach the merits of Jaghory's constitutional claims because we affirm the district court's dismissal of Jaghory's claims, on the grounds that he lacks standing and that the statute of limitations bars any case in which he may once have had standing.

I.

FACTS

Jaghory graduated from a medical school located outside the United States. At the time he entered medical school, he was neither a citizen nor a permanent resident of the United States. Jaghory immigrated to the United States in 1969 and became a naturalized U.S. citizen in 1975. In 1974, Jaghory passed the Educational Commission for Foreign Medical Graduates examination, and in 1977 successfully fulfilled the American Board of Anesthesiology's eligibility requirements. Jaghory passed the federal licensing examination for graduates of foreign medical school in 1984, receiving a grade that met New York State standards for licensure.

In 1983, Jaghory applied for a license to practice medicine in New York. New York law provides that, in order to be licensed to practice medicine in New York, applicants must satisfy education and experience requirements according to regulations promulgated by the Commissioner of Education. N.Y. Educ. Law § 6524(2), (3) (McKinney 1997). The applicable regulations require that "all applicants who make application for licensure ... shall have completed at least one year of postgraduate hospital training acceptable to the department...." N.Y. Comp.Codes R. & Regs. tit. 8, § 60.3(a) (1996) (emphasis added). Graduates of medical schools neither registered by the education department nor accredited by an acceptable accrediting organization, such as the school from which Jaghory graduated, must complete at least three years of approved postgraduate training. See Id. § 60.3(b)(2). The exception to the requirement pertaining to graduates of unaccredited medical schools, a statutory provision known as the "Fifth Pathway," allows a graduate "who at the time of his enrollment in a medical school outside the United States is a resident of the United States" to acquire a license after completing only the postgraduate hospital training "required by the Board of all applicants

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for licensure." N.Y. Educ. Law § 6528(a) (McKinney 1997). Because Jaghory had not been a resident of the United States at the time he enrolled in foreign medical school, he was denied entry into the Fifth Pathway program in 1983. The Board rejected Jaghory's application because he had not completed the three years of residency required of graduates of foreign medical schools who do not qualify for the Fifth Pathway program. Jaghory complains that it was solely because of his national origin that he was denied entry into the Fifth Pathway.

Jaghory reapplied for a New York medical license several times between 1983 and 1994, and was denied each time. Jaghory argued to the Board that as a naturalized citizen he qualified for the Fifth Pathway program, with its one-year residency requirement, and that, in any event, his extensive medical background and experience more than satisfied the three-year residency requirement that the State was demanding of most foreign medical school graduates. New York law...

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559 practice notes
  • Allstate Ins. v. Valley Physical Medicine & Rehab., No. 05-5934(DRH)(MLO).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • February 21, 2007
    ...as true and draw all reasonable inferences in favor of the plaintiff. King, 189 F.3d at 287; Jaghory v. New York State Dept. of Educ., 131 F.3d 326, 329 (2d Cir.1997). The Court must confine its consideration "to facts stated on the face of the complaint, in documents appended to the compla......
  • Petrosky v. New York State Dept. of Motor Vehicles, No. 96-CV-0902 DRH.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Northern District of New York
    • November 15, 1999
    ...of limitations period may be delayed until the last discriminatory act in furtherance of it.'" Jaghory v. New York State Dep't of Educ., 131 F.3d 326, 331 (2d Cir.1997) (quoting Cornwell v. Robinson, 23 F.3d 694, 703 (2d Cir.1994)); see also Quinn, 159 F.3d at 765-66. The doctrine is a "lim......
  • In re Worldcom, Inc. Securities Litigation, No. 02 Civ. 3288(DLC).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • May 19, 2003
    ...construed, that the plaintiff can prove no set of facts which would entitle him to relief." Jaghory v. New York State Dep't of Educ., 131 F.3d 326, 329 (2d Cir.1997) (citations omitted). In construing the complaint, the court must "accept all factual allegations in the complaint as true and......
  • European Community v. Rjr Nabisco, Inc., No. 00-CV-06617.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • July 16, 2001
    ...all reasonable inferences in plaintiff's favor is identical under Fed.R.Civ.P. 12(b)(1). See, e.g., Jaghory v. N.Y. State Dep't of Educ., 131 F.3d 326, 329 (2d 11. Plaintiff alleges that Larocca is currently an employee of Japan Tobacco, Inc. and at that company "fulfills much the same role......
  • Request a trial to view additional results
557 cases
  • Allstate Ins. v. Valley Physical Medicine & Rehab., No. 05-5934(DRH)(MLO).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • February 21, 2007
    ...as true and draw all reasonable inferences in favor of the plaintiff. King, 189 F.3d at 287; Jaghory v. New York State Dept. of Educ., 131 F.3d 326, 329 (2d Cir.1997). The Court must confine its consideration "to facts stated on the face of the complaint, in documents appended to the compla......
  • Petrosky v. New York State Dept. of Motor Vehicles, No. 96-CV-0902 DRH.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Northern District of New York
    • November 15, 1999
    ...of limitations period may be delayed until the last discriminatory act in furtherance of it.'" Jaghory v. New York State Dep't of Educ., 131 F.3d 326, 331 (2d Cir.1997) (quoting Cornwell v. Robinson, 23 F.3d 694, 703 (2d Cir.1994)); see also Quinn, 159 F.3d at 765-66. The doctrine is a "lim......
  • In re Worldcom, Inc. Securities Litigation, No. 02 Civ. 3288(DLC).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • May 19, 2003
    ...construed, that the plaintiff can prove no set of facts which would entitle him to relief." Jaghory v. New York State Dep't of Educ., 131 F.3d 326, 329 (2d Cir.1997) (citations omitted). In construing the complaint, the court must "accept all factual allegations in the complaint as true and......
  • European Community v. Rjr Nabisco, Inc., No. 00-CV-06617.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • July 16, 2001
    ...all reasonable inferences in plaintiff's favor is identical under Fed.R.Civ.P. 12(b)(1). See, e.g., Jaghory v. N.Y. State Dep't of Educ., 131 F.3d 326, 329 (2d 11. Plaintiff alleges that Larocca is currently an employee of Japan Tobacco, Inc. and at that company "fulfills much the same role......
  • Request a trial to view additional results

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