Michel T. Blouin v. Loyola Univ. & Fr. Bernard Tonnor, No. 74-3289 Summary Calendar. Rule 18, 5 Cir., See Isbell Enter., Inc. v. Citizens Cas. Co. Of New York, 5 Cir. 1970, 431 F.2d 409, Part I, 506 F.2d 20 (5th Cir. 1975). · Go Syfert
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Michel T. Blouin v. Loyola Univ. & Fr. Bernard Tonnor, No. 74-3289 Summary Calendar. Rule 18, 5 Cir., See Isbell Enter., Inc. v. Citizens Cas. Co. Of New York, 5 Cir. 1970, 431 F.2d 409, Part I, 506 F.2d 20 (5th Cir. 1975). Cases Citing This Book View Copy Cite
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cited 4× by 4 distinct cases, 2022–2023 · 2 courts · …the district court properly refused to take into account financial assistance from the federal government in considering the presence of state action. ⚠ not in text
27 citation events (9 in the last 25 years) across 13 distinct courts.
Strongest positive: I.F. v. Administrators of the Tulane Educational Fund (lactapp, 2013-12-23)
Treatment trajectory · 1975 → 2026 · click a year to view as-of
1975 2000 2026
Top citers, strongest first. 4 distinct citers. How cited ↗
cited Cited "see" I.F. v. Administrators of the Tulane Educational Fund
La. Ct. App. · 2013 · signal: see · confidence high
See Blouin v. Loyola University, 506 F.2d 20 (5th Cir.1975); Wahba v. New York University, 492 F.2d 96 (2nd Cir.1974).
cited Cited "see" Ahlum v. ADM'RS OF TULANE EDUCATIONAL FUND
La. Ct. App. · 1993 · signal: see · confidence high
See Blouin v. Loyola University, 506 F.2d 20 (5th Cir.1975); Wahba v. New York University, 492 F.2d 96 (2nd Cir.1974).
cited Cited "see, e.g." Beauchene v. Mississippi College
S.D. Miss. · 2013 · signal: see also · confidence low
See id.; see also Blouin v. Loyola Univ., 506 F.2d 20 (5th Cir.1975); Slaughter , at 624.
cited Cited "see, e.g." Holmes v. Elks Club, Inc.
M.D. Fla. · 1975 · signal: see also · confidence low
See also Blouin v. Loyola University, CA 5 1975, 506 F.2d 20 .
Retrieving the full opinion text from the archive…
Michel T. Blouin
v.
Loyola University and Fr. Bernard Tonnor, No. 74-3289 Summary Calendar. Rule 18, 5 Cir., See Isbell Enterprises, Inc. v. Citizens Casualty Co. Of New York, 5 Cir. 1970, 431 F.2d 409, Part I
20.
Court of Appeals for the Fifth Circuit.
Jan 8, 1975.
506 F.2d 20
Cited by 1 opinion  |  Published

506 F.2d 20

Michel T. BLOUIN, Plaintiff-Appellant,
v.
LOYOLA UNIVERSITY and Fr. Bernard Tonnor et al., Defendants-Appellees.
No. 74-3289 Summary Calendar.*
*Rule 18, 5 Cir., see Isbell Enterprises, Inc.
v.
Citizens Casualty Co. of New York et al., 5 Cir. 1970, 431
F.2d 409, Part I.

United States Court of Appeals, Fifth Circuit.

Jan. 8, 1975.

Steven R. Plotkin, New Orleans, La., for plaintiff-appellant.

Thomas A. Rayer, New Orleans, La., for defendants-appellees.

Appeal from the United States District Court for the Eastern District of Louisiana.

Before GEWIN, GODBOLD and CLARK, Circuit Judges.

PER CURIAM:

[*~20]1

Appellant brought suit for damages against Loyola University (Loyola) and certain of its officials, claiming that his First Amendment right of free speech and Fourteenth Amendment right of due process had been infringed when the defendant university refused to renew his teaching contract. The district court granted Loyola's motion for summary judgment and dismissed the suit on the basis that Loyola was not clothed with state action and that the court had no jurisdiction under 28 U.S.C. 1331.

2

Appellant alleges certain facts which he contends result in the requisite 'state action.' He asserts that Loyola is the sole owner and operator of a radio station and a television station which are licensed under the Federal Communications Act of 1934 and are subject to its regulatory provisions. Additionally, appellant points out that Loyola, as a private, non-profit corporation, enjoys certain federal and state tax exemptions. He claims that it receives substantial federal and state monies in the form of grants, subsidies, student scholarships, and loans. Finally, appellant suggests that a finding of state action would be justified by the fact that Loyola is a corporation organized and incorporated under the laws of the State of Louisiana.

3

Loyola maintains that none of these factors, either individually or collectively, are of the nature, kind, or degree to support a finding of state action. We agree.

4

The licensing of an otherwise private entity by the government does not, of itself, require a finding of state action. Moose Lodge No. 107 v. Irvis, 407 U.S. 163, 92 S.Ct. 1965, 32 L.Ed.2d 627 (1972). Furthermore, the record does not disclose any 'nexus' between the alleged unconstitutional activity and the purported federal and state government involvement. Accordingly the order of the district court dismissing the complaint is affirmed. See Wahba v. New York University, 492 F.2d 96 (2d Cir. 1974); Grafton v. Brooklyn Law School, 478 F.2d 1137 (2d Cir. 1973); Blackburn v. Fisk University, 443 F.2d 121 (6th Cir. 1971); Pendrell v. Chatham College,370 F.Supp. 494 (W.D.Pa.1974); Grossner v. Trustees of Columbia University,287 F.Supp. 535 (S.D.N.Y.1968).

[*~21]5

Judgment affirmed.