Cohen v. Temple University
Cohen v. Temple University
Opinion of the Court
OPINION
The long, complex history of this employment discrimination case has. been recited in several opinions
Currently before me is defendant’s motion to dismiss the § 1983 claim. Defendant contends that two recent Supreme Court cases, Blum v. Yaretsky, 457 U.S. 991, 102 S.Ct. 2777, 73 L.Ed.2d 534 (1982) and Rendell-Baker v. Kohn, 457 U.S. 830, 102 S.Ct. 2764, 73 L.Ed.2d 418 (1982), have so drastically changed the definition of state action,
The question of the status of Temple University and of its relationship to the Commonwealth is not a new one in this circuit.
It is my belief that these two cases did significantly limit the entities which are to be considered to act under color of state law. Because both Blum and RendellBaker involved extreme examples of governmental funding and regulation,
In Community Medical Center v. Emergency Medical Services of Northeastern Pennsylvania, Inc., 712 F.2d 878 (3d Cir. 1983), the Third Circuit Court of Appeals considered Rendell-Baker and Blum, and held that the “symbiotic relationship” approach to state action was still viable, although limited *by those cases to the extent that “whatever is required [to find state action], it is more than the financial support and the regulatory framework” found in those cases. Id. at 881. It will, therefore, be necessary for me to examine in greater detail, the relationship between Temple and the Commonwealth. I will deny defendant’s motion to dismiss, so that the parties will have the opportunity, at trial, to create a record upon which a meaningful and up-to-date determination can be made. Defendant will, of course, be free to question whether plaintiff has established that Temple acted under color of state law, based upon the record created at trial.
. See sub nom. Molthan v. Temple University, 93 F.R.D. 585 (E.D.Pa. 1982) (E.E.O.C. Motion to Intervene), 83 F.R.D. 368 (E.D.Pa. 1979) (class certification), 442 F.Supp. 448 (E.D.Pa. 1977) (partial summary judgment).
. "State action" under the Fourteenth Amendment is action “under color of state law" for § 1983 purposes. Lugar v. Edmondson Oil Co., 457 U.S. 922, 931, 102 S.Ct. 2744, 2751, 73 L.Ed.2d 482 (1982).
. In Braden v. University of Pittsburgh, 552 F.2d 948 (3d Cir. 1977), the court of appeals held that the University of Pittsburgh had acted under color of state law in relation to the employment decision at issue in that case. The Commonwealth/University of Pittsburgh relationship was created by a statute the same as the one creating the Commonwealth’s relationship with Temple University.
. Temple University-Commonwealth Act, 24 P.S.A. § 2510-1 et seq.
. In Rendell-Baker, state funding through tuition payments and grants accounted for 90-99% of the New Perspectives School's budget. The state regulation of the New Perspectives School was also extensive covering financial record-keeping, student discipline, medical examinations for students, parent involvement, health care, the subjects of instruction, the student-teacher ratio, confidentiality of records, Iransportation, insurance, nutrition, food preparation, toileting procedures, physical facilities, classroom equipment, and some personnel policies. In addition, by contract, the school had to provide periodic reports and was subject to inspection at any time. Marshall, J. dissenting 457 U.S. at 846-7, 102 S.Ct. at 2773.
In ' Blum, the Supreme Court held that the pervasive regulation of nursing homes, which included their licensing by the state, in combination with the state’s subsidy of operating and capital costs and the payment of 90% of patients' medical needs was insufficient to support a finding of state action. “No one would doubt that nursing homes are ‘pervasively regulated’ by State and Federal Governments; virtually every action by the operator is subject to state oversight.” Brennan, J. dissenting 457 U.S. at 1028, 102 S.Ct. at 2798.
Reference
- Full Case Name
- Rosalie COHEN v. TEMPLE UNIVERSITY OF the COMMONWEALTH SYSTEM OF HIGHER EDUCATION
- Status
- Published