Cabell v. Chavez-Salido

454 U.S. 432 (1982)

Facts

Ps were lawfully admitted permanent resident aliens living in Los Angeles County. Each applied unsuccessfully for positions as Deputy Probation Officers with the Los Angeles County Probation Department. The parties stipulated that the failure to obtain the positions sought was the result of the statutory citizenship requirement. Ps filed a complaint challenging the constitutionality of the citizenship requirement under the Equal Protection Clause of the Fourteenth Amendment and 42 U. S. C. §§ 1981 and 1983. Ps alleged unconstitutional discrimination against aliens, impermissible infringement upon their constitutional right to travel, and unconstitutional interference with Congress' plenary power to regulate aliens. They sought declaratory and injunctive relief, as well as attorney's fees and damages. The District Court concluded that the statutory citizenship requirement was unconstitutional both on its face and as applied. This Court vacated and remanded that judgment for further consideration in light of Foley v. Connelie, 435 U.S. 291 (1978), which upheld a New York statute requiring state troopers to be United States citizens. The District Court reconsidered its previous position in light of both Foley and Ambach v. Norwick, 441 U.S. 68 (1979). The court found its prior views still valid and convincing. It, therefore, came to the identical conclusion that the California statutory scheme was constitutionally invalid both facially and as applied. Ds appealed.