Sharon Mathis v. Opportunities Industrialization Centers, Inc.

The plaintiff, according to her complaint, was summarily fired by defendant Opportunities Industrialization Centers, Inc. (O.I.C.) from her employment as a secretary in the San Francisco regional office of that organization. She sued for reinstatement and damages, contending that her dismissal violated the due process clause of the Fifth Amendment. Her jurisdictional reliance is upon 28 U.S.C. § 1331 . The trial court granted the defendants’ motion to dismiss for want of jurisdiction, holding that O.I.C. is not a public corporation or an agency of the Federal Government; that, hence, the plaintiff was not a Federal employee; and that the Fifth Amendment therefore is not applicable. We reverse.

The primary question on appeal is whether the relationship between the Federal Government and O.I.C. was of such nature as to make the actions of the latter governmental actions, insofar as the due process requirements of the Fifth Amendment are concerned. We believe that the stipulated facts in this case require an affirmative answer to such question.

O.I.C. is a non-profit corporation with regional offices in various parts of the United States, including San Francisco. Its principal…