Galda v. Bloustein

86 F.R.D. 561, 1980 U.S. Dist. LEXIS 11765
CourtDistrict Court, D. New Jersey
DecidedJune 12, 1980
DocketCiv. A. No. 79-2811
StatusPublished
Cited by2 cases

This text of 86 F.R.D. 561 (Galda v. Bloustein) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Galda v. Bloustein, 86 F.R.D. 561, 1980 U.S. Dist. LEXIS 11765 (D.N.J. 1980).

Opinion

OPINION

BROTMAN, District Judge.

This is an action brought under 42 U.S.C. § 1983 by three students enrolled in Rutgers, The State University of New Jersey, on behalf of themselves and all others similarly situated challenging the constitutionality of the manner by which a so-called public interest organization, New Jersey Public Interest Research Group, Inc. (“New Jersey PIRG”), raises funds from students attending the university. Jurisdiction is vested in this court by 28 U.S.C*- § 1343. The matter is now before the court upon the motion of one of the defendants, Dr. T. Edward Hollander, the Chancellor of Higher Education for the State of New Jersey, to be dismissed as a defendant in this action, pursuant to Fed.R.Civ.P. 21.

Rule 21 of the Federal Rules of Civil Procedure provides in pertinent part:

[563]*563Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just.

This rule has been interpreted to apply not only to situations where the requirements for permissive joinder of parties have not been satisfied, Fed.R.Civ.P. 20(a), but also to cases in which “no relief is demanded from one or more of the parties joined as defendants, or no claim for relief is stated against one or more of the defendants.” 7 C. Wright & A. Miller, Federal Practice and Procedure: Civil § 1683, at 322-23 (1972).

Defendant Hollander argues that his joinder as a party is improper since neither he nor his predecessor, who served as Chancellor of Higher Education at the time that the disputed policy was instituted, had any role in the adoption of that policy. Hollander contends that the adoption of the policy was a matter committed to the discretion of the university’s Board of Governors, over which he had no authority, control, or power. Answer of Defendant T. Edward Hollander; Defendant’s Brief, at 2-3. Concomitantly, Hollander asserts that he would also lack the authority to alter or abolish this policy if he was so directed by an order of this court since the matter is beyond his control.

Plaintiffs respond by pointing to several positions which defendant Hollander holds by virtue of his role as Chancellor of Higher Education for the state. The plaintiffs properly note that under state law the Chancellor of Higher Education is a member of the Board of Higher Education, and serves as its secretary and custodian of its seal. N.J.S.A. 18A:3-6, 3-12. Moreover, the Chancellor is also a member of the Board of Governors and the Board of Trustees of Rutgers. N.J.S.A. 18A:65-14, 65-15. Plaintiffs then proceed to review the various powers of these three organizations, reasoning that, as a member of these boards, Hollander has the power and responsibility to address the issue of the propriety of the disputed policy authorizing the collection of funds for New Jersey PIRG.

The flaw in plaintiffs line of reasoning becomes apparent upon closer examination of the applicable statutory provisions. Under these sections, the Chancellor of Higher Education is only a non-voting ex officio member of these boards. N.J.S.A. 18A:3-6, 65-14, 65-15. This makes an inquiry into the legal duties and powers of these boards an unnecessary endeavor since Hollander lacks any legal power to influence or control their actions. This conclusion is not affected by Hollander’s role as secretary of the Board of Higher Education, since it is clear that the statute vests all policy-making powers in the board itself, N.J.S.A. 18A:3-13, 3-14.

Plaintiffs attempt to respond to this predicament by asserting that “Dr. Hollander is uniquely situated in the instant matter as his position requires, among other duties, membership on both the Board of Governors and the Board of Trustees of Rutgers University” and as Chancellor he “is vested with primary responsibility for maintenance of communications among the defendants, the governor, the legislature and the citizens of New Jersey.” Plaintiffs’ Brief, at i.

The court finds this line of reasoning equally unpersuasive. The gravamen of the plaintiffs’ complaint against a defendant under 42 U.S.C. § 1983 must be that the particular defendant is responsible for the alleged violation of the plaintiffs’ constitutional rights, not that the particular defendant is strategically situated in the bureaucratic structure so that he can provide a convenient channel for communication to the other individuals involved in the litigation. See Bennun v. Board of Governors of Rutgers, the State University of New Jersey, 413 F.Supp. 1274, 1280 (D.N.J.1976). Furthermore, even if Hollander is in a position to informally influence the actions of these boards by expressing his views to the other members of the boards, this will not make him a proper party in these proceedings. See New York State Association for Retarded Children, Inc. v. Carey, 466 F.Supp. 487, 490 (E.D.N.Y.1978); Committee for Public Education and Religious Lib[564]*564erty v. Rockefeller, 322 F.Supp. 678, 685-86 (S.D.N.Y.1971).

In support of their contention that defendant Hollander has sufficient responsibility to merit his inclusion as a party in this action, plaintiffs rely upon the decision in Federal National Mortgage Association v. Lefkowitz, 383 F.Supp. 1294 (S.D.N.Y. 1974). That action named the attorney general and governor of New York as the only two defendants and sought a preliminary and permanent injunction against the enforcement, operation or execution of a state statute on the ground that it was unconstitutional. Id., at 1294-95. In ruling upon the separate motions of the attorney general and the governor to dismiss the action as against each of them, the court observed:

The touchstqne in any analysis of whether a particular state officer is a proper defendant in a suit to enjoin the enforcement, operation or execution of a state statute is the landmark case of Ex Parte Young (1908) 209 U.S. 123, 28 S.Ct. 441, 52 L.Ed.2d 714. In holding that the federal court had jurisdiction to enjoin a state officer from enforcing a state statute, the Court stated:
“In making an officer of the state a party defendant in a suit to enjoin the enforcement of an act alleged to be unconstitutional, it is plain that such officer must have some connection with the enforcement of the act, or else it is merely making him a party as a representative of the state, and thereby attempting to make the state a party. “It has not, however, been held that it was necessary that such duty should be declared in the same act which is to be enforced.

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Bluebook (online)
86 F.R.D. 561, 1980 U.S. Dist. LEXIS 11765, Counsel Stack Legal Research, https://law.counselstack.com/opinion/galda-v-bloustein-njd-1980.