DOHERTY v. RUTGERS SCHOOL OF LAW-NEWARK

Nos. 80-1786, 80-1787.

651 F.2d 893 (1981)

Robert L. DOHERTY, Appellant, v. RUTGERS SCHOOL OF LAW-NEWARK; State of New Jersey; Peter Simmons, Dean; Stevens L. Lefelt, Director of Admissions; Oliver B. Quinn, Assistant Dean For Minority Student Program; and the Faculty-Student Committee of Admissions; Appellees, and Asian American Law Students Association, Tom Lee Ching Chiu, and Asian American Legal Defense and Education Fund, Inc.; and Association of Black Law Students, Arlene Munn and Albert Foster; and Association of Latin American Law Students of Rutgers School of Law-Newark, Uladio Santiago and Helida Pacheco; and The Student Bar Association of Rutgers School of Law-Newark Federacion Latino Americanos, Lazaro Alvarez, Anthony Gartmond and Iris Muniz; and The Women's Caucus of the Rutgers School of Law, Newark, New Jersey, Intervenors.

United States Court of Appeals, Third Circuit.

Decided June 16, 1981.


Attorney(s) appearing for the Case

Robert L. Doherty (argued), pro se.

Clyde A. Szuch (argued), Marc S. Klein, Pitney, Hardin & Kipp, Morristown, N. J., for appellees Rutgers, The State University, Peter Simmons, Steven L. Lefelt, and Oliver B. Quinn; Ronnie F. Liebowitz, University Counsel, Morristown, N. J., of counsel.

John J. Degnan, Atty. Gen. of New Jersey, Mark I. Siman, Deputy Atty. Gen. (argued), Trenton, N. J., for appellee, State of New Jersey; Erminie L. Conley, Asst. Atty. Gen., Trenton, N. J., of counsel.

Patricia A. Thornton, Urban Legal Clinic, Newark, N. J., for intervenor, Association of Black Law Students, et al., Ramon Ortiz, Newark, N. J., for intervenor, Association of Latin American Law Students, et al.

Morton Stavis and Lennox Hinds, Newark, N. J., for intervenor, Student Bar Ass'n, et al.; Patricia A. Thornton, Nadine Taub, Frank Askin, Denise Reinhardt, Newark, N. J., on brief.

Nadine Taub, Denise Reinhardt, Newark, N. J., for intervenor, The Women's Caucus of the Rutgers School of Law.

Before SEITZ, Chief Judge, and ROSENN and SLOVITER, Circuit Judges.


OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

The issue presented in this appeal is whether an applicant for admission to a state university law school may challenge the law school's admission policies in the face of a finding that he did not possess the qualifications to have been admitted in the absence of the minority student program he challenges. The district court, after conducting an evidentiary hearing on the issue, held that the applicant...

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