Case: Melchor v. The Village/Town of Mount Kisco

7:97-cv-00010 | U.S. District Court for the Southern District of New York

Filed Date: Jan. 2, 1997

Closed Date: 1998

Clearinghouse coding complete

Case Summary

On January 2, 1997, eleven Hispanic immigrants filed suit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of New York, seeking damages from the Village/Town of Mount Kisco for being subjected to a housing raid, detention and criminal prosecution. Plaintiffs alleged that Mount Kisco was trying to drive Hispanic immigrants out of town with housing raids and other forms of official harassment. Mount Kisco denied the allegations and maintained that it was merely enforcing its housing code.

The parties reached a settlement in the case in April 1998. Criminal charges against plaintiffs were dropped and each was awarded damages in the amount of $20,000.

This case was one of several lawsuits filed against the Village/Town of Mount Kisco for alleged selective enforcement of local laws in an effort to drive Hispanic immigrants out of town. See IM-NY-39, IM-NY-40 and IM-NY-41.

Summary Authors

Dan Dalton (11/7/2007)

Related Cases

The Mount Kisco Worker’s Project v. The Village/Town of Mount Kisco, Southern District of New York (1996)

Stern v. Resnick, Southern District of New York (1999)

Stern v. The Town of Mount Kisco, Southern District of New York (2005)

People


Judge(s)

Parker, Barrington Daniels Jr. (New York)

Attorneys(s) for Plaintiff

Corsi, Louis G. (New York)

Magoolaghan, Joan (New York)

Judge(s)

Parker, Barrington Daniels Jr. (New York)

Attorneys(s) for Plaintiff

Corsi, Louis G. (New York)

Magoolaghan, Joan (New York)

Documents in the Clearinghouse

Document

Docket (PACER)

April 9, 1998 Docket

Resources

Title Description External URL

Docket

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

ECF Number Description Date Link
1

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 150.00 RECEIPT # 277594 (cj) (Entered: 01/06/1997)

Jan. 2, 1997

It is suggested that the case be classified as Standard. Magistrate Judge Unassigned is so Designated. (cj) (Entered: 01/06/1997)

Jan. 2, 1997

Case accepted as related to 96CV8335. Notice of assignment to follow. (ec) (Entered: 01/08/1997)

Jan. 6, 1997
2

Notice of asgmnt _ to Judge Barrington D. Parker Jr. Copy of notice and judge's rules mailed to Attorney(s) of record: Joan Magoolaghan. (ec) Modified on 02/11/1997 (Entered: 01/08/1997)

Jan. 7, 1997

It is suggested that the case be classified as Standard. Magistrate Judge Smith is so Designated. (ec) (Entered: 01/08/1997)

Jan. 7, 1997
3

PROPOSED SCHEDULING ORDER setting depositions to be completed by 6/30/97; 1st set of interrogs & document demands to be served by 3/30/97; expert reports by 6/15/97 & exchange rebuttal expert rpts by 7/15/97; depositions of experts between 7/15/ and 7/30/97; discovery to be completed by 7/30/97; pre-trial papers by 8/30/97; final pre-trial conference to be held 9/4/97 at 8:45am at 500 Pearl St. Courtroom 11D. Discovery issues are referred to USMJ Fox for determination. SO ORDERED: ( signed by Judge Barrington D. Parker Jr. ) ; Copies mailed (ds) (Entered: 03/07/1997)

March 7, 1997

Pre-trial conference held before Judge Parker. (mp) (Entered: 03/10/1997)

March 7, 1997
4

ANSWER to Complaint by The Village/Town of, Mark Farrell, Robert J. Dagostino, Austin F. Cassidy, Michael C. Meyer (Attorney Louis G. Corsi), ; Firm of: Landman,Corsi,Ballaine&FordPC by attorney Louis G. Corsi for defendant Michael C. Meyer (ec) (Entered: 03/10/1997)

March 7, 1997
5

STIPULATION and ORDER, et extending time within which the defendants may move against or answer complaint is extended to and including 03/08/97. SO ORDERED: ( signed by Judge Barrington D. Parker Jr. ). (dh) (Entered: 03/11/1997)

March 10, 1997
6

AMENDED SCHEDULING ORDER setting Pretrial conference for 2:30 12/12/97 ; 48 Hour Trial ready deadline 12/10/97 ; Pre-trial materials to be filed by 12/10/97; SO ORDERED ( signed by Judge Barrington D. Parker Jr. ) ; Copies mailed (ds) (Entered: 08/29/1997)

Aug. 29, 1997
7

NOTICE of Change of Address by Lisa Rabinowitz atty for defts. (ec) (Entered: 12/03/1997)

Dec. 1, 1997

Pre-trial conference held before Judge Parker. (ec) (Entered: 01/26/1998)

Jan. 23, 1998
8

ORDER All parties must file and original and one copy of the pretrial materials in accordance with the Judge's amended individual rules of practice, with the orginal to the Clerk of the Court and a copy to chambers on or before 3-31-98. Exhibits must be premarked, with copies to the Court submitted to chambers. Parties are directed to appear before Hon. Mark D. Fox on 4-6-98 9:15 am for jury selection. ( signed by Judge Barrington D. Parker Jr. ); Copies mailed (dh) (Entered: 01/27/1998)

Jan. 26, 1998
9

NOTICE of change of address from Koob & Magoolaghan, attys for pltnf, is 19 Fulton St. Suite 408 NY, nY 10038 (ds) (Entered: 01/30/1998)

Jan. 30, 1998
10

ORDER...it is ordered, that the action be and hereby is discontinued, without costs to either party, subject to reopening should the settlement not be consummated within thirty (30) dyas of the date hereof. ( signed by Judge Barrington D. Parker Jr. ); Copies mailed (ec) (Entered: 04/07/1998)

April 6, 1998

Case closed (ec) (Entered: 04/07/1998)

April 6, 1998
11

STIPULATION AND ORDER of dismissal; ...Now therefore, the parties stipulate and agree as follows: 1) This lawsuit is dismissed with prejudice. 2) The compromise and stlmt of this litigation as reflected in this stipulation and the consideration and releases being exchanged by the parties shall not constitute evidence of or be premised upon any admission or finding of liability on the part of any dft. 3) Each party shall bear all of his or its own attys fees, expenses, and costs, and no party shall make application to the Court or be awarded attys fees, expenses and costs against any other party. So Ordered: ( signed by Judge Barrington D. Parker Jr. ) (ds) (Entered: 04/08/1998)

April 7, 1998

Memorandum to Docket Clerk: The order of reference is hereby concluded. Submitted by Jerome Grate, Deputy Court Clerk (ds) (Entered: 04/09/1998)

April 9, 1998

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Jan. 2, 1997

Closing Date: 1998

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Hispanic immigrant residing in Mount Kisco, NY and subjected to housing raids and detentions by Mt. Kisco police and officials

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The Village/Town of Mount Kisco, City

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Federalism (including 10th Amendment)

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Issues

General:

Conditions of confinement

Immigration/Border:

Constitutional rights

Criminal prosecution

Undocumented immigrants - state and local regulation