Kramer v. UNION FREE SCHOOL DISTRICT# 15
Decision Date | 10 May 1966 |
Docket Number | No. 66-C-76.,66-C-76. |
Citation | 259 F. Supp. 164 |
Parties | Morris H. KRAMER, Plaintiff, v. UNION FREE SCHOOL DISTRICT #15, Raymond S. Baron, Jesse Cesiari, Bardon Deixel, Ralph J. Edsel, J. Gibson Fruin, Elliot A. Norwalk and Harold S. Rosenfeld, Defendants. |
Court | U.S. District Court — Eastern District of New York |
Murray A. Miller, New York City, for plaintiff.
Louis J. Lefkowitz, Atty. Gen. of New York, by Daniel M. Cohen, Asst. Atty. Gen., of New York, Charles A. Brind, Jr., Albany, N. Y., for defendants; John P. Jehu, Albany, N. Y., of counsel.
MEMORANDUM
Plaintiff, in this action, seeks an order pursuant to 28 U.S.C. §§ 2281 and 2284 convoking a three-judge constitutional court for the purpose of determining that New York Educational Law McKinneys' Consol.Laws, c. 16, § 2012 is unconstitutional and restraining defendants from enforcing that section in the forthcoming election in Union Free School District No. 15. Plaintiff further requests that a three-judge court order defendants to submit a plan whereby plaintiff will be permitted to register to vote in all future school board elections in said District No. 15. Defendants, on the other hand, move to dismiss the action on the grounds that this court lacks jurisdiction over the subject matter and that the complaint fails to state a claim upon which relief may be granted. There is neither diversity of citizenship nor an amount of money in controversy. If this court has jurisdiction, it can only lie under 28 U.S.C. § 1343 which provides in part:
Title 2 of New York's Education Law, provides for the organization of school districts within the State. Article 41 thereof provides for district meetings. Plaintiff, herein, challenges the constitutionality of the statutory qualifications for voters at district meetings embodied in § 2012 thereof, which provides:
As amended L.1956, c. 497, eff. April 9, 1956. Plaintiff, an unmarried adult, residing in the district with his rent-paying parents, is not permitted to register to vote under this statute. He claims that the statute violates the "XIV Amendment to the Constitution of the United States, in that it denies the Plaintiff and others similarly situated their privilege, as Citizens of the United States, of their right to vote."
28 U.S.C. § 2281 provides:
The principles governing a district judge on a motion to convene such a court are set out in Ex parte Poresky, 290 U.S. 30, 31-32, 54 S.Ct. 3, 4-5, 78 L.Ed. 1, 2 (1933):
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Kramer v. Union Free School District No. 15
...district court denied the motion to convene a three-judge court and granted defendants' motion, dismissing the complaint on the merits, 259 F.Supp. 164, E.D.N.Y. A petition for a writ of mandamus to direct the convocation of a three-judge court was denied by the Supreme Court sub nom. Davis......
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Kramer v. Union Free School District No 15, 258
...three-judge district court be convened, and granted appellees' motion to dismiss appellant's complaint. Kramer v. Union Free School District No. 15, 259 F.Supp. 164 (D.C.E.D.N.Y.1966). On appeal, the Court of Appeals for the Second Circuit reversed, ruling appelln t's complaint warranted co......
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Kramer v. Union Free School District No. 15
...for voting at school district meetings, and to enjoin its enforcement. The opinion of the district court is reported at 259 F.Supp. 164 (E.D.N.Y.), petition for writ of mandamus denied sub nom. Davis v. Union Free School District No. 7, 385 U.S. 807, 87 S.Ct. 172, 17 L.Ed.2d 121 (1966). We ......
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Rodriguez v. San Antonio Independent School District
...For example, in Kramer v. Union Free School District No. 15, 379 F.2d 491 (2nd Cir. 1967), 282 F.Supp. 70 (E.D.N.Y.1968), 259 F. Supp. 164 (E.D.N.Y.1966), the members of the Board of Education of the school district were sued. In McInnis v. Shapiro, 293 F.Supp. 327 (N.D.Ill.1968), affirmed ......