McKENNA v. FARGO

Civ. A. No. 74-559.

451 F.Supp. 1355 (1978)

James McKENNA, Robert J. McKenna, Brian Flaherty, John Cinciarelli, and Joseph Porter, Plaintiffs, v. Nicholas FARGO, Director of Public Safety, City of Jersey City, Raymond Gibney, Chief of the Jersey City Fire Department, and Stevens Institute of Technology, Defendants.

United States District Court, D. New Jersey.

May 25, 1978.


Attorney(s) appearing for the Case

Robert J. McKenna, pro se.

Marilyn J. Morheuser, American Civil Liberties Union, Newark, N.J., for plaintiffs James McKenna, et al.

Milton Keane & Brady, Jersey City, N.J., for defendant Stevens Institute by Thomas G. Lynch, Jr., Thomas J. Clarke, Jersey City, N.J.

Louis P. Caroselli, Corp. Counsel, Jersey City, N.J., for defendants Fargo and Gibney by Bruce C. Fishelman, Asst. Corp. Counsel, Jersey City, N.J.


OPINION

COOLAHAN, Senior District Judge.

Rarely does a case involve conflicting interests as important and as difficult to reconcile as those in this litigation. The psychological testing which Jersey City uses to screen applicants for its fire department has been challenged by plaintiffs as an invasion of the applicants' constitutional rights. In plaintiffs' view, conditioning employment on psychological testing of questionable validity puts the applicants...

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