Adams v. Governor's Committee on Post Secondary Education
Adams v. Governor's Committee on Post Secondary Education
Opinion of the Court
Defendant Governor’s Committee on Post Secondary Education (Committee) hired plaintiff, a white male, as a senior planner in July, 1975. Two months later plaintiff’s immediate supervisor, defendant Leonard, the executive director of the committee,
Plaintiff accuses defendants of depriving him of his right to make and enforce a contract of employment, of robbing him of his right to full and equal rights under the law and the privileges and immunities guaranteed by the Constitution and laws of the United States and the State of Georgia, and of conspiring with each other to violate plaintiff’s civil rights and to deny him opportunities for equal advancement and employment. After exhausting the procedures before the Equal Employment Opportunity Commission, plaintiff commenced this action to declare defendants’ practices illegal and unconstitutional, to obtain back pay, to procure defendants’ records and files concerning plaintiff, and to receive compensatory and punitive damages as well as attorney’s fees.
To exercise jurisdiction consonant with due process over a non-resident defendant, a federal district court must find that “certain minimum contacts” exist between the non-resident defendant and the forum “such that maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice.’ ” International Shoe Co. v. Washington, 326 U.S. 310, 316, 66 S.Ct. 154, 158, 90 L.Ed. 95 (1945), Kulko v. California, 436 U.S. 84, 98 S.Ct. 1690, 56 L.Ed.2d 132 (1978). Determining whether a defendant’s contacts are sufficient to meet the demands of due process requires weighing the facts of each case. At a minimum the Court must find “some act by which the defendant purposefully avails itself of the privilege of conducting activity within the forum . .. thus invoking the benefit and protection of the laws.” Hanson v. Denckla, 357 U.S. 235, 253, 78 S.Ct. 1228, 1239, 2 L.Ed.2d 1283 (1958). Additionally, the inquiry focuses not only upon the quantity, quality and nature of defendant’s activities but also upon the relationship of those activities and the forum. Rush v. Savchuk, 444 U.S. 320, 100 S.Ct. 571, 62 L.Ed.2d 516 (1980), Kulko v. California Superior Court, supra, Shaffer v. Heitner, 433 U.S. 186, 97 S.Ct. 2569, 53 L.Ed.2d 683 (1977). A second consideration includes analysis of the contacts between the litigation and the forum. Rush v. Savchuk, supra, Shaffer v. Heitner, supra. Essentially, the question is whether requiring defendants to defend the suit in this forum is reasonable, fair and just. World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 100 S.Ct. 559, 62 L.Ed.2d 490 (1980), Rush v. Savchuk, supra, Shaffer v. Heitner, supra, International Shoe Co. v. Washington, supra.
However, for the “convenience of the parties and witnesses [and] in the interest of justice”, the matter will be transferred to the Northern District of Georgia, where the suit could have been filed. See 28 U.S.C. § 1404(a) and United States v. Berkowitz, 328 F.2d 358 (3d Cir.) cert. denied, 379 U.S. 821, 85 S.Ct. 42, 13 L.Ed.2d 32 (1964).
. Defendant Stembridge is chairman of the committee.
. Plaintiff invokes the jurisdiction of this Court under 28 U.S.C. § 1343 and 42 U.S.C. § 2000e et seq. (Title VII) and specifically alleges violations of Title VII, the Civil Rights Act of 1870, 42 U.S.C. § 1981, the Civil Rights Act of 1871, 42 U.S.C. § 1983, 42 U.S.C. § 1985(3) and 42 U.S.C. § 1986.
. True, international Shoe and its progeny discuss in personam jurisdiction of state courts. However, the standards set forth in these deci
Reference
- Full Case Name
- Albert ADAMS v. GOVERNOR'S COMMITTEE ON POST SECONDARY EDUCATION, An Instrumentality of the State of Georgia Robert J. Leonard, Individually and as Executive Director of the Governor's Committee on Post Secondary Education and W. Asbury Stembridge, Individually and as Chairman of the Governor's Committee on Post Secondary Education
- Cited By
- 3 cases
- Status
- Published