Case: The Mount Kisco Worker’s Project v. The Village/Town of Mount Kisco

7:96-cv-08335 | U.S. District Court for the Southern District of New York

Filed Date: Nov. 6, 1996

Closed Date: 2001

Clearinghouse coding complete

Case Summary

On November 6, 1996, a group of Hispanic immigrant day laborers living in Mount Kisco filed a class action lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of New York, challenging discriminatory practices in the village. Plaintiffs alleged that village officials engaged in a systematic effort to drive immigrants out of town by conducting midnight housing raids on Latino homes, evicting Latinos from the public park and establishing a mandatory hiring si…

On November 6, 1996, a group of Hispanic immigrant day laborers living in Mount Kisco filed a class action lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of New York, challenging discriminatory practices in the village. Plaintiffs alleged that village officials engaged in a systematic effort to drive immigrants out of town by conducting midnight housing raids on Latino homes, evicting Latinos from the public park and establishing a mandatory hiring site for day laborers (Local Law 6). Plaintiffs claimed that the village's practices violated their rights under the First Amendment and the Due Process and Equal Protection clauses of the U.S. Constitution. Attorneys for the Westchester Hispanic Coalition, the Immigrants' Rights Project of the American Civil Liberties Union and private counsel represented the plaintiffs.

Plaintiffs requested a preliminary injunction and class certification. Written discovery was conducted and the Court was called upon to resolve discovery disputes.

Following a pre-trial conference in August 1997, the parties settled the case. On August 13, 1997, the District Court (Judge Barrington D. Parker Jr.) entered a Consent Decree, which set forth the reforms the village agreed to implement, including ceasing enforcement of Local Law 6. The District Court retained jurisdiction for four years to monitor the Decree, expect that that jurisdiction over Local Law 6 was to be retained by the Court without limitation.

In October 2000, plaintiffs moved for a contempt citation for violation of the Consent Decree. After a hearing, the contempt motion was resolved by the parties and the Court entered a stipulation of settlement on January 31, 2001.

Note that 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-38, IM-NY-40 and IM-NY-41.

Summary Authors

Dan Dalton (11/7/2007)

Related Cases

Melchor v. The Village/Town of Mount Kisco, Southern District of New York (1997)

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)

Smith, Lisa Margaret (New York)

Attorneys(s) for Plaintiff

Magoolaghan, Joan (New York)

Rabinowitz, Lisa S. (New York)

Attorneys(s) for Defendant

Corsi, Louis G. (New York)

Judge(s)

Parker, Barrington Daniels Jr. (New York)

Smith, Lisa Margaret (New York)

Attorneys(s) for Plaintiff

Magoolaghan, Joan (New York)

Rabinowitz, Lisa S. (New York)

Attorneys(s) for Defendant

Corsi, Louis G. (New York)

Documents in the Clearinghouse

Document

7:96-cv-08335

Docket (PACER)

Feb. 5, 2001

Feb. 5, 2001

Docket

Resources

Docket

Last updated Aug. 9, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 120.00 RECEIPT # 274346 (mp) (Entered: 11/07/1996)

Nov. 6, 1996

Nov. 6, 1996

It is suggested that the case be classified as expedited. Magistrate Judge Smith is so Designated. (mp) (Entered: 11/07/1996)

Nov. 6, 1996

Nov. 6, 1996

2

RETURN OF SERVICE executed as to Village/Town of Moun by Tony Donadio on 11/8/96 Answer due on 11/28/96 for Village/Town of Moun. Served summons and complaint at 104 Main Street, Mt. Kisco, NY. (ec) (Entered: 11/26/1996)

Nov. 25, 1996

Nov. 25, 1996

3

STIPULATION and ORDER It is hereby stipulated that defts' opposition to plntfs' motion for a preliminary injunction will be served no later than 12/13/96, and that plntfs' reply papers will be served no later than 1/6/97. It is further stipulated that the time for defts to answer or otherwise respond to plntfs' complaint is hereby extended until 12/13/96. SO ORDERED: ( signed by Judge Barrington D. Parker Jr. ). (ds) (Entered: 12/06/1996)

Dec. 6, 1996

Dec. 6, 1996

Pre-trial conference held before Judge Parker (cj) (Entered: 12/09/1996)

Dec. 6, 1996

Dec. 6, 1996

5

ANSWER to Complaint by Village/Town of Moun, Mark Farrell, Robert J. Dagostino, Charles Pieragostini, Austin F. Cassidy (Attorney Louis G. Corsi), ; Firm of: by attorney Louis G. Corsi for defendant Austin F. Cassidy, Lisa S. Rabinowitz for defendant Austin F. Cassidy (cj) (Entered: 12/19/1996)

Dec. 17, 1996

Dec. 17, 1996

6

SCHEDULING ORDER setting dfts opposition papers to motion due by 12/24/96 and pltnfs reply papers by 1/17/97; all papers to be fully submitted by 1/21/97; depositions to be completed by 1/15/97; parties to mutually exchange experts reports by 3/30/97 & exchange any rebuttal expert rpts by 4/10/97; discovery to be completed by 3/30/97; pretrial papers to be submitted by 4/15/97; final pre-trial conference to be held on 4/18/97 at 2:45pm. SO ORDERED: ( signed by Judge Barrington D. Parker Jr. ) ; Copies mailed (ds) (Entered: 12/24/1996)

Dec. 23, 1996

Dec. 23, 1996

7

NOTICE OF MOTION by The Mount Kisco Work, Jose Julian Melchor, Fredy Sandoval, Anibal Ardon, Richard Pinto pursuant to FRCP 65(a) for preliminary injunction barring enforcement of Local law #6 of the Tow/Vill. of Mt. Kisco , Return date 11/25/96 at 9:30am (ds) (Entered: 01/21/1997)

Jan. 21, 1997

Jan. 21, 1997

8

MEMORANDUM by The Mount Kisco Work, Jose Julian Melchor, Fredy Sandoval, Anibal Ardon, Richard Pinto in support of [7-1] motion pursuant to FRCP 65(a) for preliminary injunction barring enforcement of Local law #6 of the Tow/Vill. of Mt. Kisco (ds) (Entered: 01/21/1997)

Jan. 21, 1997

Jan. 21, 1997

9

Reply affidavit of Graciela Heymann by The Mount Kisco Work, Jose Julian Melchor, Fredy Sandoval, Anibal Ardon, Richard Pinto in support of [7-1] motion pursuant to FRCP 65(a) for preliminary injunction barring enforcement of Local law #6 of the Tow/Vill. of Mt. Kisco (ds) (Entered: 01/21/1997)

Jan. 21, 1997

Jan. 21, 1997

10

MEMORANDUM by The Mount Kisco Work, Jose Julian Melchor, Fredy Sandoval, Anibal Ardon, Richard Pinto in support of [7-1] motion pursuant to FRCP 65(a) for preliminary injunction barring enforcement of Local law #6 of the Tow/Vill. of Mt. Kisco (ds) (Entered: 01/21/1997)

Jan. 21, 1997

Jan. 21, 1997

11

MEMORANDUM by Village/Town of Moun, Mark Farrell, Robert J. Dagostino, Charles Pieragostini, Austin F. Cassidy in opposition to [7-1] motion pursuant to FRCP 65(a) for preliminary injunction barring enforcement of Local law #6 of the Tow/Vill. of Mt. Kisco (ds) (Entered: 01/21/1997)

Jan. 21, 1997

Jan. 21, 1997

12

AFFIDAVIT in opposition of Louis G. Corsi by Village/Town of Moun, Mark Farrell, Robert J. Dagostino, Charles Pieragostini, Austin F. Cassidy Re: [7-1] motion pursuant to FRCP 65(a) for preliminary injunction barring enforcement of Local law #6 of the Tow/Vill. of Mt. Kisco (ds) (Entered: 01/21/1997)

Jan. 21, 1997

Jan. 21, 1997

13

AFFIDAVIT of Jack Wade by Village/Town of Moun, Mark Farrell, Robert J. Dagostino, Charles Pieragostini, Austin F. Cassidy Re: [7-1] motion pursuant to FRCP 65(a) for preliminary injunction barring enforcement of Local law #6 of the Tow/Vill. of Mt. Kisco (ds) (Entered: 01/21/1997)

Jan. 21, 1997

Jan. 21, 1997

14

ORDER that case be referred to Magistrate Judge Smith for all purposes permitted by Law 28 U.S.C. Sect. 636. by law ( signed by Judge Barrington D. Parker Jr. ) (ec) (Entered: 03/28/1997)

March 28, 1997

March 28, 1997

NOTICE OF CASE ASSIGNMENT to Magistrate Judge Lisa M. Smith (ec) (Entered: 05/19/1997)

March 28, 1997

March 28, 1997

15

ORDER In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to insure compliance with the case managmen plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discovery disputes: (See document for details) ..... SO ORDERED: ( signed by Magistrate Judge Lisa M. Smith ); Copies mailed (ds) (Entered: 04/07/1997)

April 4, 1997

April 4, 1997

16

Filed Memo_Endorsement on letter to Judge Parker dtd 4/15/97 from Atty. Lisa S. Rabinowitz, request a on-week extension to complete discovery beyond the current deadline of April 18, 1997. (Extended to April 25, 1997; granted. So ordered. 4/16/97.)( signed by Judge Barrington D. Parker Jr. ) (kz) (Entered: 04/16/1997)

April 16, 1997

April 16, 1997

17

Letter filed dated 4/10/97 to Judge Smith from Koob & Macgoolaghan. (dh) (Entered: 04/23/1997)

April 23, 1997

April 23, 1997

18

Letter filed dated 4/16/97 to Judge Smith from Landman Corsi Ballaine & Ford PC (dh) (Entered: 04/23/1997)

April 23, 1997

April 23, 1997

Memorandum to Docket Clerk: pre-trial conference 4/17/97. Magistrates Judge's Decision: 1) plntf's application for a protective order is granted as to the Mt. Kisco Worker's Project membership list; 2) the identities of John Doe plntf's will be revealed to attys only, said John Doe deposition, but such representative must be informed that identites are to remain confidential, and any failure to keep such identites confidential will result in the imposition of a monetary sanction against the dft representative personally; counsel for the dfts is to inform the dft representative of this condition at the outset of each deposition on the record, 3) questions at the depositions of any plntfs named or identified as a John Doe shall be limited solely to whether person is legally authorized to work in the U.S.; questions regarding immigration status, past or present contacts with the Police Dept in the U.S. or elsewhere, and issues of tax complaince, and similar questions are not permitted. Submitted by James Galvin, Deputy Court Clerk. (ds) (Entered: 04/23/1997)

April 23, 1997

April 23, 1997

19

ORDER (see document for details) Pursuant to an order of this Court, plntfs have submitted certain allegedly privileged docs for in camera inspection. Upon inspection of those docs, it appears that many of them may be privileged. However, there are certain categories of docs for which this Court is unable to reach a conclusion, without additional information. In order to insure that this Court makes a reasoned decision with regard to the claims of privileged, within the short time remaining for discovery, it is necessary for the Court to obtain certain additional information. To that end, It is hereby ORDERED that plntfs are to produce evidence.... It is further ORDERED that plntf is also to submit a sworn statement of the relationship ...... It is further ORDERED that plntf is to submit for in camera review any and all allegedly privileged docs with regard to the response to Interrogatory #46, no later than 9am Thursday, April 24. Failure to submit the docs in a timely fashion will be deemed a waiver of any claim of privilege. SO ORDERED: ( signed by Magistrate Judge Lisa M. Smith ); Copies mailed (ds) (Entered: 04/24/1997)

April 23, 1997

April 23, 1997

20

ORDER Pursuant to an Order of this Court, plntfs have submitted certain allegedly privileged documents for in camera inspection. Pursuant to a further Order of this Court, plntfs have submitted additional allegedly privileged documents, which would otherwise be responsive to Dfts' Interrogatory #46, for in camera inspection. Also pursuant to this Court's Order, the parties have submitted letter briefs to the Court identifying the basis on which they claim the documents are or are not privileged. (See document for details) ...... The Clerk of the Court is directed to make copies of the identified documents and to produce them to counsel promplty, by telefax and by regular mail. The original documents are to be returned to plntfs counsel. SO ORDERED: ( signed by Magistrate Judge Lisa M. Smith ); Copies mailed (ds) (Entered: 04/30/1997)

April 30, 1997

April 30, 1997

Pre-trial conference held Judge Smith (dh) (Entered: 06/05/1997)

May 23, 1997

May 23, 1997

Pre-trial conference held by Judge Smith. (dh) (Entered: 06/05/1997)

May 27, 1997

May 27, 1997

Pre-trial conference held before Judge Parker. (mp) (Entered: 06/10/1997)

June 10, 1997

June 10, 1997

21

Objection(s) to Subpoena and Accompanying Document Request by Non-party Witness Gannett Satellite Information Network, Inc. (ec) (Entered: 07/03/1997)

July 2, 1997

July 2, 1997

22

Plaintiffs' Proposed Findings of Fact and Conclusions of Law. (ec) (Entered: 07/22/1997)

July 18, 1997

July 18, 1997

23

Proposed Findings of Fact and Conclusions of Law of Defendnats (ec) (Entered: 07/22/1997)

July 18, 1997

July 18, 1997

24

Trial Exhibit list by Village/Town of Moun, Mark Farrell, Robert J. Dagostino, Charles Pieragostini, Austin F. Cassidy (ec) (Entered: 07/22/1997)

July 18, 1997

July 18, 1997

25

TRIAL MEMORANDUM OF LAW by Village/Town of Moun, Mark Farrell, Robert J. Dagostino, Charles Pieragostini, Austin F. Cassidy (ec) (Entered: 07/22/1997)

July 18, 1997

July 18, 1997

26

Witness list by Village/Town of Moun, Mark Farrell, Robert J. Dagostino, Charles Pieragostini, Austin F. Cassidy (ec) (Entered: 07/22/1997)

July 18, 1997

July 18, 1997

27

Plaintiffs' PRETRIAL MEMORANDUM of Law (ec) (Entered: 07/22/1997)

July 18, 1997

July 18, 1997

28

Plaintiffs' Pretrial List of Witnesses and Trial Exhibits. (ec) (Entered: 07/22/1997)

July 18, 1997

July 18, 1997

29

Plaintiffs' Proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW (ec) (Entered: 07/22/1997)

July 18, 1997

July 18, 1997

30

RESPONSE by The Mount Kisco Work, Jose Julian Melchor, Fredy Sandoval, Anibal Ardon, Richard Pinto Re: [21-1] miscellaneous to objections to subpoena and accompanying document request (ds) (Entered: 07/28/1997)

July 28, 1997

July 28, 1997

31

NOTICE OF MOTION by The Mount Kisco Work, Jose Julian Melchor, Fredy Sandoval, Anibal Ardon, Richard Pinto to certify class action , Return date 8/4/97 (ds) (Entered: 08/04/1997)

Aug. 1, 1997

Aug. 1, 1997

32

MEMORANDUM by The Mount Kisco Work, Jose Julian Melchor, Fredy Sandoval, Anibal Ardon, Richard Pinto in support of [31-1] motion to certify class action (ds) (Entered: 08/04/1997)

Aug. 1, 1997

Aug. 1, 1997

33

REPLY MEMORANDUM by The Mount Kisco Work, Jose Julian Melchor, Fredy Sandoval, Anibal Ardon, Richard Pinto in further support re: [31-1] motion to certify class action (ds) (Entered: 08/04/1997)

Aug. 1, 1997

Aug. 1, 1997

34

AFFIDAVIT in support of Elizabeth L. Koob by The Mount Kisco Work, Jose Julian Melchor, Fredy Sandoval, Anibal Ardon, Richard Pinto Re: [31-1] motion to certify class action (ds) (Entered: 08/04/1997)

Aug. 1, 1997

Aug. 1, 1997

35

AFFIRMATION in opposition of Lisa S. Rabinowitz by Village/Town of Moun, Mark Farrell, Robert J. Dagostino, Charles Pieragostini, Austin F. Cassidy Re: [31-1] motion to certify class action (ds) (Entered: 08/04/1997)

Aug. 1, 1997

Aug. 1, 1997

36

MEMORANDUM by Village/Town of Moun, Mark Farrell, Robert J. Dagostino, Charles Pieragostini, Austin F. Cassidy in opposition to [31-1] motion to certify class action (ds) (Entered: 08/04/1997)

Aug. 1, 1997

Aug. 1, 1997

37

MEMORANDUM by Village/Town of Moun, Mark Farrell, Robert J. Dagostino, Charles Pieragostini, Austin F. Cassidy in support of dft's motion in limine to exclude newspaper articles (ds) (Entered: 08/08/1997)

Aug. 7, 1997

Aug. 7, 1997

Pre-trial conference held by Judge Parker (jac) (Entered: 08/08/1997)

Aug. 8, 1997

Aug. 8, 1997

Pre-trial conference held before USDJ Parker (ds) (Entered: 08/11/1997)

Aug. 11, 1997

Aug. 11, 1997

38

NON-PARTY Gannett's MEMORANDUM in opposition to plntfs' motion to compel production (ds) (Entered: 08/12/1997)

Aug. 11, 1997

Aug. 11, 1997

40

CONSENT DECREE (see document for details) .....have agreed to copromise and settle all claims and defenses alleged by the parties in the above-captioned litigation without any finding or admission of liablity on the party of any dfts; ans Whereas, this Consent Decree is no evidence of , or premised upon ,any admission or finding of liability on the party of any dft. ... It is ORDERED, ADJUDGED AND DECREED: ...... This Court shall retain jurisdiction over this matter for 4 years for purposes of enforcement, except that jurisdiction over Local Law 6 shall be retained by the Court without limitation. The above provisions of this ocnsent decree shall and the same do constitute the final judgment of this Court upon the controversy between dfts and plnts and members of the MKWP. In all other respects, the claims of the plntfs are hereby settled and dismissed subject to the terms of this decree. If under the terms of paragraph 3 dfts seek to reinvoke enforcement of local law 6 plntfs may reasssert and advance the claims stated in the complaint concerning local law 6 Mt.Kisco Code ch.90. Nothing herein shall prejudice the claims of the individual plnntfs and members of the MKWP with respect to damage claims that they may have. The parties hereby consent to entry of the foregoing consent decree. Judgment is hereby entered in accordance with the following consent decree. SO ORDERED: ( signed by Judge Barrington D. Parker Jr. ); (ds) (Entered: 08/13/1997)

Aug. 13, 1997

Aug. 13, 1997

Case closed (ds) (Entered: 08/13/1997)

Aug. 13, 1997

Aug. 13, 1997

41

FINDINGS OF FACT AND CONCLUSIONS OF LAW of Dfts (ds) (Entered: 08/15/1997)

Aug. 15, 1997

Aug. 15, 1997

42

NOTICE of Change of Address by Louis G. Corsi atty for defts. (ec) (Entered: 12/03/1997)

Dec. 1, 1997

Dec. 1, 1997

43

NOTICE of Change of Address by The Mount Kisco Work, Jose Julian Melchor, Fredy Sandoval, Anibal Ardon, Richard Pinto ..... the new address for Koob & Magoolaghan, is 19 Fulton Street, Suite 408, NY, NY. (ec) (Entered: 01/30/1998)

Jan. 30, 1998

Jan. 30, 1998

44

AFFIDAVIT of Graciela Heymann by The Mount Kisco Work in support of plaintiffs' motion for contempt. (ll) (Entered: 10/26/2000)

Oct. 26, 2000

Oct. 26, 2000

45

DECLARATION of Brian S. Sokoloff by Village/Town of Moun, Mark Farrell, Robert J. Dagostino, Charles Pieragostini, Austin F. Cassidy in opposition Re: papers submitted by plntffs' seeking a finding of contempt for violation of this Court's Consent Decree. . (pf) (Entered: 11/30/2000)

Nov. 30, 2000

Nov. 30, 2000

Memorandum to Docket Clerk: 11/30/00-The parties are present and argument is heard on the plntff's motion for contempt. Court Reporter Albi Gorn is present.A hearing is scheduled for 2/2/01 at 9:00 a.m. Any additional briefs toi be filed one week prior to the hearing...submitted by Drew D;Agostino (pf) (Entered: 12/01/2000)

Dec. 1, 2000

Dec. 1, 2000

46

Transcript of record of proceedings before Judge Barrington D. Parker Jr. for the date(s) of November 30, 2000. (dc) (Entered: 01/02/2001)

Jan. 2, 2001

Jan. 2, 2001

Returned (Returned For Better Address) Copy of Doc#47, Stipulation of Settlement was mailed via U.S. Postal Service to Lisa S. Rabinowitz, Esq., Landman, Corsi, Ballaine & Ford, P.C., NY. (dc) (Entered: 02/06/2001)

Feb. 5, 2001

Feb. 5, 2001

Case Details

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Nov. 6, 1996

Closing Date: 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Class of Hispanic immigrants residing in Mount Kisco, NY and subjected to housing raids, detentions and discriminatory conduct by Mt. Kisco police and officials.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

The Village/Town of Mount Kisco, City

Mount Kisco Police Department, 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:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1997 - 2001

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

Discrimination-basis:

National origin discrimination

Race discrimination

Immigration/Border:

Constitutional rights

Criminal prosecution

Undocumented immigrants - state and local regulation