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GOZDANOVIC v. CIVIL SERV. COMMN. FOR PITTSBURGH

July 13, 1973

Thomas A. GOZDANOVIC, Plaintiff,
v.
The CIVIL SERVICE COMMISSION FOR the CITY OF PITTSBURGH, PA., and Dr. Russell Scott--Consultant To the Civil Service Commission and Peter F. Flaherty, Mayor of the City of Pittsburgh, Defendants


Marsh, Chief Judge.


The opinion of the court was delivered by: MARSH

Marsh, Chief Judge.

 Thomas A. Gozdanovic, an unsuccessful civil service applicant for the position of a City of Pittsburgh police officer in 1966 and 1970, has brought this civil rights suit for damages and injunctive relief against the Civil Service Commission for the City of Pittsburgh, Dr. Russell Scott, and Mayor Peter F. Flaherty. *fn1" In his complaint, plaintiff alleges that jurisdiction is based upon " 42 U.S.C.A. § 1981 et seq 28 U.S.C.A. § 1343 and the 14th Amendment of the United States Constitution." *fn2"

 The defendants have moved to dismiss pursuant to Rule 12(b)(1) and Rule 12(b)(6) for lack of jurisdiction over the subject matter and failure to state a claim upon which relief can be granted; also that the causes of action are barred by the Statute of Limitations and by laches.

 The complaint alleges that in September, 1966, the plaintiff applied to the Pittsburgh Police Department for employment as a police officer; he submitted his application to the defendant, Civil Service Commission, and took physical and mental tests, including psychological tests. His application was rejected as a result of the psychological tests in that certain psychological deficiencies were allegedly reported.

 The plaintiff in August, 1970, again applied and underwent the same procedures for employment as a police officer and again he was rejected because the psychological test results were unfavorable. The plaintiff immediately consulted Dr. John J. Guhel, a psychiatrist, who found that the plaintiff was mentally stable, suffered no psychological impairment, and was mentally and emotionally suited to work as a police officer. On October 10, 1970, Dr. Guhel notified the Secretary of the defendant Commission of the plaintiff's well-being. The Commission ignored the information forwarded by Dr. Guhel and refused to reevaluate plaintiff's application.

 The plaintiff concludes that the failure of the Commission to reevaluate plaintiff's application demonstrated an arbitrary and discriminatory attitude toward plaintiff's application and violated his civil rights guaranteeing a fair and adequate opportunity for employment. He further concludes that the Commission has unlawfully denied to him an opportunity for employment with the Pittsburgh Police Department by rejecting his application on the basis of certain psychological testing procedures which have no objective criteria upon which the Commission could accept or reject an applicant. *fn3" He further concludes that his application was unlawfully rejected because the Commission failed to consult a psychiatrist for the purpose of reviewing and evaluating plaintiff's emotional fitness as a police officer, and that this failure denied the plaintiff his right to a fair and adequate evaluation of his application. He further concludes that the Commission had recommended applicants less qualified than the plaintiff on the basis of these inadequate testing procedures and thereby unlawfully discriminated against the plaintiff. *fn4" He finally concludes that the failure of the Commission to provide a review of certain test results has wrongfully excluded certain classes of persons who are qualified for civil service positions as police officers and that the plaintiff is one of these persons. *fn5"

 The plaintiff avers that the defendant Scott, in his position as consulting psychologist, did act in concert with the Commission by reporting the plaintiff's psychological test results as being conclusive of plaintiff's unfitness to work as a police officer, and that the defendant Peter F. Flaherty, Mayor of the City of Pittsburgh, is partially or wholly responsible for permitting the Commission to operate pursuant to these discriminatory procedures, and has violated the plaintiff's right to have an equal opportunity to obtain a position as a police officer.

 Plaintiff alleges that he has suffered injury because of the discrimination carried on by the defendants in the following particulars:

 
"(a) He has been precluded from obtaining employment as a police officer in the City of Pittsburgh.
 
"(b) The Plaintiff has been subject to embarrassment in that he was rejected from a position that he was qualified for.

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