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PIENDAK v. LOCAL BD. NO. 5

November 2, 1970

Dennis E. PIENDAK, Plaintiff,
v.
LOCAL BOARD NO. 5, Defendant


Gourley, District Judge.


The opinion of the court was delivered by: GOURLEY

In this action, a Selective Service registrant seeks pre-induction judicial review of the decision of his Local Board refusing to reopen his I-A classification after he had been issued an order to report for induction. Plaintiff desires the reopening in order to present to the Board a request for a II-A occupational deferment. It is contended that the failure of the Board to reopen plaintiff's classification after he allegedly presented a prima facie case of changed conditions entitling him to a reclassification constituted a deprivation of due process of law. The relief asked here is a declaration of the invalidity of the Board's order to plaintiff to report for induction, an injunction against plaintiff's induction and a directive that the Board reopen his classification.

 The defendant filed a Motion to Dismiss the Complaint. A hearing has been conducted upon both the Motion to Dismiss and plaintiff's request for a preliminary injunction. Upon consideration of the pleadings, evidence adduced at the hearing, arguments of counsel and the applicable law, the Court concludes that the Motion to Dismiss should be denied and that the request for a preliminary injunction also should be denied.

 The facts are largely undisputed. Plaintiff is registered with Local Board No. 5, New Britain, Connecticut. He is currently a resident of Pittsburgh, Pennsylvania. During the period from the fall of 1965 to the spring of 1969, in which plaintiff attended Bard College, he received II-S student deferments. In June of 1969, plaintiff advised his Local Board that he would be entering the graduate school of the University of Pittsburgh in the fall of that year to study urban management.

 The Board re-classified plaintiff I-A on July 16, 1969. On August 19, 1969, plaintiff wrote a letter to the Board in which he stated that he would be in Pittsburgh "for the purpose of studying for a Master's Degree in Urban Management" and requested a personal appearance relative to his I-A classification. Plaintiff commenced full-time graduate study on September 4, 1969. On September 30, 1969, plaintiff also undertook a full-time job as Administrative Assistant to the Manager of the Borough of Monroeville, which job plaintiff maintained concurrently with his studies.

 On October 10, 1969, Mrs. Celia Wierbicki, Executive Secretary of the Board, wrote plaintiff advising:

 
"Dear Sir:
 
Your presence is requested at the next meeting of Local Board No. 5, to be held on Wednesday, October 15th in Room 206, Post Office Building, 120 West Main St., New Britain, Conn.
 
We have scheduled your appointment for 8:30 p.m.
 
Yours very truly,
 
/s/ Celia Wierbicki
 
(Mrs.) Celia Wierbicki
 
Executive Secretary"

 Attached to this letter was a typewritten note, also from Mrs. ...


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