Case: United States of America v. City of Gallup, New Mexico

1:04-cv-01108 | U.S. District Court for the District of New Mexico

Filed Date: Sept. 29, 2004

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On September 29, 2004, the U.S. Department of Justice filed a lawsuit against the City of Gallup, New Mexico in the U.S. District Court for the District of New Mexico. The D.O.J. alleged that the city engaged in a pattern or practice of intentional employment discrimination against American Indians in violation of Title VII of the Civil Rights Act of 1964. The complaint specifically alleged that the City of Gallup, including the City's Police, Fire, Solid Waste, and Utilities Department exclude…

On September 29, 2004, the U.S. Department of Justice filed a lawsuit against the City of Gallup, New Mexico in the U.S. District Court for the District of New Mexico. The D.O.J. alleged that the city engaged in a pattern or practice of intentional employment discrimination against American Indians in violation of Title VII of the Civil Rights Act of 1964. The complaint specifically alleged that the City of Gallup, including the City's Police, Fire, Solid Waste, and Utilities Department excluded qualified American Indians from the City’s workforce by: (1) failing or refusing to recruit and hire American Indians on the same basis as whites and Hispanics; and (2) failing or refusing to take appropriate action to correct the present effects of the discriminatory policies and practices. The D.O.J. asked the court for injunctive and monetary relief.

On October 27, 2004, the district court entered a consent decree ordering that: (1) American Indians were not to be subjected to discrimination on the basis of race in recruitment or hiring for City employment in violation of Title VII; (2) the City adopt and maintains policies and procedures that prohibit discrimination on the basis of race in discrimination in employment, including recruitment and hiring; (3) individuals who complain of race discrimination in employment were not to be retaliated against because of such complaints; and (4) the City provide monetary relief and/or priority hiring with retroactive seniority to claimants who from January 1, 1997 to the date of entry of the Decree, were denied employment with the City due to the claimant's race.

In August 2009, Gallup's motion to dismiss and terminate the consent decree was granted, concluding the case.

Summary Authors

Hyun Jeong Yang (10/16/2007)

Sara Denbo (2/22/2019)

People


Judge(s)

Puglisi, Richard L. (New Mexico)

Schneider, W. Daniel (New Mexico)

Attorneys(s) for Plaintiff

Fenton, William B. (District of Columbia)

Iglesias, David C. (New Mexico)

Palmer, David J. (District of Columbia)

Rao, Sonya A (District of Columbia)

Toomey, Kathleen (District of Columbia)

Attorneys(s) for Defendant

Isaacson, Thomas Lynn (New Mexico)

Kozeliski, George W. (New Mexico)

Judge(s)

Puglisi, Richard L. (New Mexico)

Schneider, W. Daniel (New Mexico)

Attorneys(s) for Plaintiff

Fenton, William B. (District of Columbia)

Iglesias, David C. (New Mexico)

Palmer, David J. (District of Columbia)

Rao, Sonya A (District of Columbia)

Toomey, Kathleen (District of Columbia)

Attorneys(s) for Defendant

Isaacson, Thomas Lynn (New Mexico)

Kozeliski, George W. (New Mexico)

Documents in the Clearinghouse

Document

1:04-cv-01108

Docket [PACER]

USA v. City of Gallup

Aug. 12, 2009

Aug. 12, 2009

Docket
1

1:04-cv-01108

Complaint

Sept. 29, 2004

Sept. 29, 2004

Complaint
5

1:04-cv-01108

Consent Decree

Oct. 27, 2004

Oct. 27, 2004

Settlement Agreement

Docket

Last updated Sept. 2, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for civil rights (referred to Magistrate Judge Richard L. Puglisi) (emr) (Entered: 09/30/2004)

Sept. 29, 2004

Sept. 29, 2004

LETTER re: consent to proceed before a US Magistrate Judge (emr) (Entered: 09/30/2004)

Sept. 29, 2004

Sept. 29, 2004

2

JOINT MOTION by USA for order approving and entry of consent decree (bap) (Entered: 10/01/2004)

Sept. 29, 2004

Sept. 29, 2004

3

MEMORANDUM by USA in support of motion for order approving and entry of consent decree [2-1] (bap) (Entered: 10/01/2004)

Sept. 29, 2004

Sept. 29, 2004

4

NOTICE of consent to proceed before a U.S. Magistrate Judge by parties (*) (bap) (Entered: 10/05/2004)

Oct. 5, 2004

Oct. 5, 2004

5

CONSENT JUDGMENT by Magistrate Judge W. D. Schneider granting parties' joint motion for order approving and entry of consent decree [2-1] dismissing case w/prejudice (cc: all counsel) (bap) (Entered: 10/27/2004)

Oct. 27, 2004

Oct. 27, 2004

6

MOTION by deft to amend consent decree (jrm) (Entered: 02/16/2005)

Feb. 16, 2005

Feb. 16, 2005

7

ORDER by Magistrate Judge W. D. Schneider granting deft's motion to amend consent decree entered on 10/27/04 [6-1] as further described herein (cc: all counsel) (bap) (Entered: 03/03/2005)

March 2, 2005

March 2, 2005

8

MOTION by plaintiff to extend time to serve preliminary report until 8/30/05 (dmw) (Entered: 06/29/2005)

June 29, 2005

June 29, 2005

9

ORDER by Magistrate Judge W. D. Schneider granting pltf's motion to extend time to serve preliminary report until 8/30/05 [8-1] (cc: all counsel) (sl) (Entered: 07/01/2005)

July 1, 2005

July 1, 2005

10

MOTION by pltf for leave to correct the case caption in the proposed order associated w/unopposed motion for extension of time (*) (bap) (Entered: 07/06/2005)

July 6, 2005

July 6, 2005

11

ORDER by Magistrate Judge W. D. Schneider granting pltf's motion for leave to correct the case caption in the proposed order associated w/unopposed motion for extension of time [10- 1], re [8-1] and vacating order associated with USA filed 7/1/05 and giving USA until 8/30/05 to serve its report to deft City of Gallup (cc: all counsel) (bap) (Entered: 07/18/2005)

July 15, 2005

July 15, 2005

12

MOTION by pltf for extension of time until 11/14/05 to serve a preliminary report on deft (*) (bap) (Entered: 08/29/2005)

Aug. 26, 2005

Aug. 26, 2005

13

STIPULATION by parties agreeing that the City of Gallup should be allowed to advertise in the Gallup Independent approved by Magistrate Judge Schneider (seal) (Entered: 08/31/2005)

Aug. 31, 2005

Aug. 31, 2005

14

ORDER by Magistrate Judge W. D. Schneider granting pltf's motion for extension of time until 11/14/05 to serve a preliminary report on deft [12-1] (cc: all counsel*) (bap) (Entered: 09/09/2005)

Sept. 9, 2005

Sept. 9, 2005

15

JOINT MOTION for protective order * (jm) (Entered: 12/06/2005)

Dec. 6, 2005

Dec. 6, 2005

16

ORDER by Magistrate Judge Richard L. Puglisi granting joint mtn for protective order [15-1] (cc: all counsel) (jm) (Entered: 12/07/2005)

Dec. 7, 2005

Dec. 7, 2005

17

JOINT MOTION for fairness hearing * (jm) (Entered: 03/29/2006)

March 29, 2006

March 29, 2006

18

ORDER by Magistrate Judge W. D. Schneider setting fairness hearing for 7/13/06 at 9:00 am (cc: all counsel) (sl) (Entered: 05/08/2006)

May 8, 2006

May 8, 2006

19

NOTICE of proposed relief by pltf* (jm) (Entered: 05/18/2006)

May 18, 2006

May 18, 2006

20

OBJECTION to proposed individual relief by Clyde Harper (jm) (Entered: 05/31/2006)

May 25, 2006

May 25, 2006

21

OBJECTION to proposed individual relief by Kermit R. Johnson (jm) (Entered: 05/31/2006)

May 25, 2006

May 25, 2006

22

OBJECTION to proposed individual relief by Jay Boyd (jm) (Entered: 05/31/2006)

May 25, 2006

May 25, 2006

23

OBJECTION to proposed individual relief by Raymond George (jm) (Entered: 05/31/2006)

May 30, 2006

May 30, 2006

24

OBJECTION to proposed relief by Rose Mary Zuni (jm) (Entered: 05/31/2006)

May 30, 2006

May 30, 2006

25

OBJECTION to proposed individual relief by Lance Martin (jm) (Entered: 06/02/2006)

June 1, 2006

June 1, 2006

26

OBJECTION to proposed individual relief by Delora R. Carrillo (jm) (Entered: 06/07/2006)

June 7, 2006

June 7, 2006

28

OBJECTION to proposed relief individual relief by Robert Peeples (jm) (Entered: 06/09/2006)

June 7, 2006

June 7, 2006

33

OBJECTION to proposed individual relief by Pierre Thompson (jm) (Entered: 06/13/2006)

June 9, 2006

June 9, 2006

29

AMENDED NOTICE of proposed relief by pltf* (jm) (Entered: 06/12/2006)

June 12, 2006

June 12, 2006

30

OBJECTION to proposed individual Relief by Ernest Thompson (jm) (Entered: 06/12/2006)

June 12, 2006

June 12, 2006

31

OBJECTION to proposed individual relief by Mary Becenti (jm) (Entered: 06/13/2006)

June 13, 2006

June 13, 2006

32

OBJECTION to to porposed relief by Everett Howe (jm) (Entered: 06/13/2006)

June 13, 2006

June 13, 2006

34

OBJECTION to proposed individual relief by Russell Thomas (jm) (Entered: 06/13/2006)

June 13, 2006

June 13, 2006

35

OBJECTION to proposed individual relief by Bernice Milane- Baca (jm) (Entered: 06/13/2006)

June 13, 2006

June 13, 2006

36

OBJECTION to proposed individual relief by Raymond Lewis (jm) (Entered: 06/14/2006)

June 14, 2006

June 14, 2006

37

OBJECTION to proposed individual relief by Frieda S. Hubbard (jm) (Entered: 06/14/2006)

June 14, 2006

June 14, 2006

40

OBJECTION to proposed individual relief by Brenda Benally (jm) (Entered: 06/15/2006)

June 14, 2006

June 14, 2006

41

OBJECTION to proposed individual relief by Denice L. Miller (jm) (Entered: 06/15/2006)

June 14, 2006

June 14, 2006

42

OBJECTION to proposed individual relief by Crystal Chester (jm) (Entered: 06/15/2006)

June 14, 2006

June 14, 2006

43

OBJECTION to proposed individual relief by Georgia C. Begay (jm) (Entered: 06/15/2006)

June 14, 2006

June 14, 2006

44

OBJECTION to proposed individual relief by Charlotte Pete (jm) (Entered: 06/15/2006)

June 14, 2006

June 14, 2006

45

OBJECTION to proposed individual relief by Corina Davis (jm) (Entered: 06/15/2006)

June 14, 2006

June 14, 2006

46

OBJECTION to proposed individual relief by Malcolm C. Becenti (jm) (Entered: 06/15/2006)

June 14, 2006

June 14, 2006

47

OBJECTION to proposed individual relief by Anita Begay (jm) (Entered: 06/15/2006)

June 14, 2006

June 14, 2006

48

OBJECTION to proposed individual relief by Pauline Livingston (jm) (Entered: 06/15/2006)

June 14, 2006

June 14, 2006

49

OBJECTION to proposed individual relief by Nellie Livingston (jm) (Entered: 06/15/2006)

June 14, 2006

June 14, 2006

50

OBJECTION to to proposed individual relief by Katherine Kinsel (jm) (Entered: 06/15/2006)

June 14, 2006

June 14, 2006

54

OBJECTION to proposed individual relief by Lindsey Mescal (jm) (Entered: 06/15/2006)

June 14, 2006

June 14, 2006

38

OBJECTION to proposed individual relief by Victoria Peters (jm) (Entered: 06/15/2006)

June 15, 2006

June 15, 2006

39

OBJECTION to proposed individual relief by Richard Smith, Jr. (jm) (Entered: 06/15/2006)

June 15, 2006

June 15, 2006

51

OBJECTION to proposed individual relief by Lawrey H. McReeves (jm) Modified on 06/19/2006 (Entered: 06/15/2006)

June 15, 2006

June 15, 2006

52

OBJECTION to proposed individual relief by Elvina M. Becenti (jm) (Entered: 06/15/2006)

June 15, 2006

June 15, 2006

53

OBJECTION to proposed individual relief by Fred Thompson, Jr. (jm) (Entered: 06/15/2006)

June 15, 2006

June 15, 2006

55

OBJECTION to proposed individual relief by Linda James (dmw) (Entered: 06/19/2006)

June 19, 2006

June 19, 2006

56

OBJECTION to proposed individual relief by Pauline Livingston (jm) (Entered: 07/03/2006)

June 30, 2006

June 30, 2006

57

MOTION & memorandum by plaintiff for order to approve proposed individual relief & overrule objections * (dmw) (Entered: 07/06/2006)

July 6, 2006

July 6, 2006

58

APPENDIX filed by plaintiff to motion & memorandum for order to approve proposed individual relief & overrule objections [57-1]* (dmw) (Entered: 07/06/2006)

July 6, 2006

July 6, 2006

59

ORDER by Magistrate Judge W. D. Schneider allowing plaintiff to exceed paghe limit on motion & memorandum to approve individual relief & overrule objections (cc: all counsel) (dmw) (Entered: 07/06/2006)

July 6, 2006

July 6, 2006

61

ORDER by Magistrate Judge W. D. Schneider granting pltf's mtn for order to approve proposed individual relief & overrule objections [57-1] (cc: all counsel)* (jm) (Entered: 07/17/2006)

July 17, 2006

July 17, 2006

TRANSCRIPT of Proceedings before Magistrate Judge W. D. Schneider of fairness hearing held on 07/13/06; re [60-1] lodged in separate file folder (pg) (Entered: 08/22/2006)

Aug. 22, 2006

Aug. 22, 2006

62

MOTION to Withdraw, MOTION to Substitute Attorney by Gallup, City of. (Isaacson, Thomas) (Entered: 08/28/2007)

Aug. 28, 2007

Aug. 28, 2007

63

ORDER by Magistrate Judge Richard L. Puglisi granting 62 Motion to Withdraw ; granting 62 Motion to Substitute Attorney. Added attorney Thomas Lynn Isaacson for Defendant City of Gallup. Attorney George W. Kozeliski terminated. (caw) (Entered: 09/27/2007)

Sept. 27, 2007

Sept. 27, 2007

Case Details

State / Territory: New Mexico

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 29, 2004

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States of America via the Department of Justice on behalf of Native American applicants and potential employees.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Gallup (City of Gallup), City

Defendant Type(s):

Fire

Law-enforcement

Sanitation/Public Works

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2004 - 2009

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Retaliation Prohibition

Retroactive Seniority

Issues

General:

Disparate Treatment

Discrimination-area:

Hiring

Discrimination-basis:

Race discrimination

Race:

American Indian/Alaskan Native