From Casetext: Smarter Legal Research

Benenati v. Young

United States Court of Appeals, District of Columbia Circuit
Mar 10, 1955
220 F.2d 383 (D.C. Cir. 1955)

Opinion

No. 12196.

Argued February 28, 1955.

Decided March 10, 1955.

Mr. Carl L. Shipley, Washington, D.C., for appellant.

Mr. Joseph A. Rafferty, Asst. U.S. Atty., with whom Messrs. Leo A. Rover, U.S. Atty., and Lewis Carroll, Asst. U.S. Atty., were on the brief, for appellees. Mr. Samuel J. L'Hommedieu, Jr., Asst. U.S. Atty., also entered an appearance for appellees.

Before WILBUR K. MILLER, DANAHER and BASTIAN, Circuit Judges.


Pursuant to charges preferred by the District Director of the Immigration and Naturalization Service, which were finally sustained by the Civil Service Commission after initial and intermediate administrative consideration, the appellant was dismissed from his position as a security officer at Ellis Island, New York.

He sued in the United States District Court for the District of Columbia for a declaration that he was dismissed "in violation of his statutory and constitutional rights." The Commissioner of Immigration and Naturalization and the Chairman of the Civil Service Commission were the only defendants. On their motion, the District Court dismissed for two reasons: (a) failure to join as defendants the remaining members of the Civil Service Commission, who were necessary and indispensable parties; and (b) failure to state a claim upon which relief could be granted. This appeal is from the order of dismissal.

The other members of the Civil Service Commission were, as the district judge held, necessary and indispensable parties. Blackmar v. Guerre, 1952, 342 U.S. 512, 72 S.Ct. 410, 96 L.Ed. 534. Courts will not review the action of executive officials in dismissing executive employees, except to insure compliance with statutory requirements. Bailey v. Richardson, 1950, 86 U.S.App.D.C. 248, 266, 182 F.2d 46, 64, affirmed, 1951, 341 U.S. 918, 71 S.Ct. 669, 95 L.Ed. 1352. There was such compliance here. It follows that the District Court was correct in ordering dismissal.

Affirmed.


Summaries of

Benenati v. Young

United States Court of Appeals, District of Columbia Circuit
Mar 10, 1955
220 F.2d 383 (D.C. Cir. 1955)
Case details for

Benenati v. Young

Case Details

Full title:Pasquale J. BENENATI, Jr., Appellant, v. Philip YOUNG, Chairman, Civil…

Court:United States Court of Appeals, District of Columbia Circuit

Date published: Mar 10, 1955

Citations

220 F.2d 383 (D.C. Cir. 1955)
95 U.S. App. D.C. 120

Citing Cases

May v. Usry

        An identical ruling was made in Deglau v. Franke, 184 F.Supp. 225 (D.C.R.I., 1960). To the same…

May v. United States Civil Service Commission

A careful review of the entire record in this case leads us to the conclusion that all applicable procedural…