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

Docket [PACER]

USA v. City of Gallup

Aug. 12, 2009 Docket
1

Complaint

Sept. 29, 2004 Complaint
5

Consent Decree

Oct. 27, 2004 Settlement Agreement

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

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

Sept. 29, 2004

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

Sept. 29, 2004
2

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

Sept. 29, 2004
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
4

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

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
6

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

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
8

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

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
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
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
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
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
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
15

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

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
17

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

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
19

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

May 18, 2006
20

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

May 25, 2006
21

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

May 25, 2006
22

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

May 25, 2006
23

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

May 30, 2006
24

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

May 30, 2006
25

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

June 1, 2006
26

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

June 7, 2006
28

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

June 7, 2006
33

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

June 9, 2006
29

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

June 12, 2006
30

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

June 12, 2006
31

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

June 13, 2006
32

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

June 13, 2006
34

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

June 13, 2006
35

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

June 13, 2006
36

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

June 14, 2006
37

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

June 14, 2006
40

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

June 14, 2006
41

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

June 14, 2006
42

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

June 14, 2006
43

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

June 14, 2006
44

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

June 14, 2006
45

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

June 14, 2006
46

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

June 14, 2006
47

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

June 14, 2006
48

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

June 14, 2006
49

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

June 14, 2006
50

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

June 14, 2006
54

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

June 14, 2006
38

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

June 15, 2006
39

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

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
52

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

June 15, 2006
53

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

June 15, 2006
55

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

June 19, 2006
56

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

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
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
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
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

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
62

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

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

State / Territory: New Mexico

Case Type(s):

Equal Employment

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