Case: Hayden v. Pataki

1:00-cv-08586 | U.S. District Court for the Southern District of New York

Filed Date: 2000

Case Ongoing

Clearinghouse coding in progress

Case Summary

On September 13, 2000, New York state prisoner Joseph Hayden filed a pro se lawsuit pursuant to 42 U.S.C. §1983 in the U.S. District Court for the Southern District of New York, challenging a state law prohibiting him from voting solely on account of his felony conviction and incarceration. Hayden's pro se complaint alleged that New York Constitution Article II, § 3 and New York Election Law § 5-106 violated the Voting Rights Act and the U.S. Constitution. There was little case activity for o…

On September 13, 2000, New York state prisoner Joseph Hayden filed a pro se lawsuit pursuant to 42 U.S.C. §1983 in the U.S. District Court for the Southern District of New York, challenging a state law prohibiting him from voting solely on account of his felony conviction and incarceration. Hayden's pro se complaint alleged that New York Constitution Article II, § 3 and New York Election Law § 5-106 violated the Voting Rights Act and the U.S. Constitution. There was little case activity for over two years and eventually Joseph Hayden was paroled.

In January 2003, the NAACP Legal Defense and Educational Fund, Inc. (LDF), the Community Service Society of New York (CSS), and the Center for Law and Social Justice at Medgar Evers College (CLSJ) took over the prosecution of Hayden's case. The coalition filed an amended complaint on January 15, 2003 and sought class action status for three groups: (1) Blacks and Latinos who are currently incarcerated for a felony conviction, (2) Blacks and Latinos who are currently on parole for a felony conviction, and (3) Black and Latino voters from Black and Latino communities who are denied an equal opportunity in the political process in New York State because of the disproportionate disfranchisement of Blacks and Latinos who are incarcerated or on parole for a felony conviction. The amended complaint sought to invalidate the felon disenfranchisement provisions, which it alleged violated the First, Fourteenth, and Fifteenth Amendments, Section 2 of the Voting Rights Act of 1965 (codified at 42 U.S.C. § 1973), the Civil Rights Acts of 1957 and 1960 (codified at 42 U.S.C. §§ 1971(a)(1), 1971(a)(2)(A) & 1971(a)(2)(B), and certain treaties and customary international law.

Defendants, who included the New York Board of Elections and New York State Department of Correctional Services, moved for judgment on the pleadings to dismiss, citing a lack of federal subject-matter jurisdiction. The District Court (Judge Lawrence M. McKenna) granted the defendants' motion and dismissed the case by order dated June 15, 2004. Hayden v. Pataki, 2004 WL 1335921, U.S. Dist. LEXIS 10863 (S.D.N.Y. June 14, 2004). Plaintiffs appealed.

The en banc U.S. Court of Appeals for the Second Circuit consolidated Hayden v. Pataki with a similar case, Muntaqim v. Coombe [CJ-NY-5], in which an en banc proceeding was already pending. Both cases presented a common issue: ''whether, on the pleadings, a claim that a New York State statute, Section 5-106 of the New York Election Law, that disenfranchises currently imprisoned felons and parolees results in unlawful vote denial and/or vote dilution can state a claim for violation of Section 2 of the Voting Rights Act.'' Other issues that were raised in the original briefs of the Hayden plaintiffs were held in abeyance, to be decided a regular three-judge panel at a later date.

The en banc Court (Circuit Judge Josie A. Cabrames) held that it could not. Hayden v. Pataki, 449 F.3d 305 (2nd Cir. 2006). The en banc Court expressly did not consider a claim on behalf of plaintiffs who were neither incarcerated nor on parole that their votes were ''diluted'' because of New York's apportionment process, ''which counts incarcerated prisoners as residents of the communities in which they are incarcerated, and has the alleged effect of increasing upstate New York regions' populations at the expense of New York City's.'' The en banc Court remanded Hayden's case so that the District Court could decide that claim.

Simultaneously with the filing of the Hayden opinion, the en banc court de-consolidated Muntaqim and Hayden and entered a judgment vacating the District Court opinion and dismissing Muntaqim's claims for lack of standing. See Muntaqim v. Coombe, 449 F.3d 371 (2d Cir. May 4, 2006) (per curiam ).

On remand, plaintiffs advised the District Court that they did not believe further proceedings were needed because the " 'apportionment claim' described by the Court of Appeals, dealing with possible dilution because in apportionment and redistricting, New York counts incarcerated individuals as part of the total population of the jurisdictions where they are incarcerated, was not a part of Plaintiff's original complaint." Hayden v. Pataki, 2006 WL 2242760 (S.D.N.Y. Aug 04, 2006) (NO. 00 CIV. 8586 (LMM). The case was then referred back to the Court of Appeals for consideration of the remaining undecided issues raised by the Hayden plaintiffs.

At the time of this summary, the case was still pending on appeal.

Summary Authors

Dan Dalton (11/20/2007)

Related Cases

Muntaqim v. Coombe, Northern District of New York (1994)

People


Judge(s)

Calabresi, Guido (Connecticut)

Jacobs, Dennis G. (New York)

Katzmann, Robert A. (New York)

McKenna, Lawrence M. (New York)

Parker, Barrington Daniels Jr. (New York)

Pitman, Henry B. (New York)

Raggi, Reena (New York)

Sack, Robert David (New York)

Sotomayor, Sonia (District of Columbia)

Straub, Chester J. (New York)

Judge(s)

Calabresi, Guido (Connecticut)

Jacobs, Dennis G. (New York)

Katzmann, Robert A. (New York)

McKenna, Lawrence M. (New York)

Parker, Barrington Daniels Jr. (New York)

Pitman, Henry B. (New York)

Raggi, Reena (New York)

Sack, Robert David (New York)

Sotomayor, Sonia (District of Columbia)

Straub, Chester J. (New York)

Walker, John Mercer Jr. (New York)

Attorneys(s) for Plaintiff

Adegbile, Debo Patrick (New York)

Beverly, Alaina C. (New York)

Cartagena, Juan (New York)

Chachkin, Norman J. (New York)

Cox, Todd A. (District of Columbia)

Gibbs, Joan (New York)

Hayden, Joseph A. Jr. (New York)

Haygood, Ryan Paul (New Jersey)

Jones, Elaine R. (New York)

Kaufman, Risa (New York)

Nelson, Janai S. (New York)

Shaw, Theodore M. (New York)

Simmons, Esmeralda (New York)

Attorneys(s) for Defendant

Aronowitz, Michelle M. (District of Columbia)

Dearing, Richard (New York)

Graber, Joel (New York)

Gutman, Benjamin (New York)

Halligan, Caitlin J. (New York)

Klass, Gregory (New York)

Murray, Patricia L. (New York)

Sheridan, Julie M. (New York)

Spitzer, Eliot (New York)

Other Attorney(s)

Abbott, Greg (Texas)

Acosta, R. Alexander (District of Columbia)

Allen, Jessie (New York)

Barbur, Peter T. (New York)

Bloom, Robert (New York)

Borden, Charles E. (New York)

Bradshaw, Sheldon T. (District of Columbia)

Burbach, Edward Donald (Texas)

Carter, Zachary W. (New York)

Chambers, Julius LeVonne (New York)

Ciccolo, Angela (Maryland)

Coleman–Davis, Veronica F. (New York)

Conway, George T. III (New York)

Cooper, Charles Justin (District of Columbia)

Cruz, Rafael Edward (Ted) (Texas)

Danetz, Lisa J (Massachusetts)

Douglas, Derek R.B. (New York)

Earls, Anita S. (North Carolina)

Eisenberg, Arthur (New York)

Estrada, Danielle M. (New York)

Flynn, David K. (District of Columbia)

Foreman, Michael L. (District of Columbia)

Garber, Mitchell S. (New York)

Goldberg, Deborah A. (New York)

Goldman, Jonah H. (District of Columbia)

Goode, Victor L. (Maryland)

Greenbaum, Jon M. (District of Columbia)

Hacker, Jonathon D. (New York)

Hammack, Scott M. (New York)

Henderson, Alma C. (District of Columbia)

Johnson-Blanco, Marcia (District of Columbia)

Lassar, Scott (New York)

Lustberg, Lawrence S. (New Jersey)

Marks, Leonard (New York)

McBee, Barry Ross (Texas)

McDonald, Laughlin (Georgia)

McKnight, Cynthia M. (District of Columbia)

Mincberg, Elliot M. (District of Columbia)

Salmons, David B. (District of Columbia)

Schechtman, Paul (New York)

Schmitt, Joanna (New York)

Shapiro, Steven R. (New York)

Smith, Grasford W. (District of Columbia)

Stowe, Matthew F. (Texas)

Tarson, Derek Sherman (New York)

Thompson, David H. (District of Columbia)

White, David Hugh (District of Columbia)

Wright, Brenda (District of Columbia)

Documents in the Clearinghouse

Document

1:01-cv-08586

Docket (PACER)

Oct. 11, 2006

Oct. 11, 2006

Docket

1:00-cv-08586

Coalition of Civil Rights Organizations Challenge New York State’s Laws Denying the Vote to Prisoners and Parolees

Jan. 15, 2003

Jan. 15, 2003

Press Release

1:00-cv-08586

First Amended Complaint

Jan. 15, 2003

Jan. 15, 2003

Complaint

1:00-cv-08586

Remarks by Joseph “Jazz” Hayden - "Unfinished Business"

Jan. 15, 2003

Jan. 15, 2003

Press Release

01-cv-07260

04-03886

En Banc Brief for Hayden Plaintiff-Appellants

U. S. Court of Appeals for the Second Circuit

March 30, 2005

March 30, 2005

Pleading / Motion / Brief

04-03886

Order Clarifying Opinion June 1, 2006

U. S. Court of Appeals for the Second Circuit

May 4, 2006

May 4, 2006

Order/Opinion

1:00-cv-08586

Memorandum and Order

Aug. 4, 2006

Aug. 4, 2006

Order/Opinion

Docket

ECF Number Description Date Link Date / Link
1

Order endorsed on declaration in support of request to proceed in forma pauperis; I.F.P. request is granted. ( signed by Chief Judge Michael B. Mukasey ) (bm) (Entered: 11/21/2000)

Nov. 9, 2000

Nov. 9, 2000

2

COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). . (bm) (Entered: 11/21/2000)

Nov. 9, 2000

Nov. 9, 2000

Magistrate Judge Henry B. Pitman is so Designated. (bm) (Entered: 11/21/2000)

Nov. 9, 2000

Nov. 9, 2000

3

U.S. MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED of Summons & Complaint as to George Pataki by Richard Platkin on 12/7/00 . Answer due on 12/27/00 for George Pataki . (jp) (Entered: 12/14/2000)

Dec. 13, 2000

Dec. 13, 2000

4

U.S. MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED of Summons & Complaint as to Glenn S. Goord by William Gonzalez on 12/9/00 . Answer due on 12/29/00 for Glenn S. Goord . (jp) (Entered: 12/14/2000)

Dec. 13, 2000

Dec. 13, 2000

5

ACKNOWLEDGEMENT OF SERVICE as to Carol Berman by mail on 12/21/00. Answer due on 1/10/01 for Carol Berman. (kw) (Entered: 01/02/2001)

Dec. 29, 2000

Dec. 29, 2000

7

NOTICE of change of address by Joseph Hayden . (pl) (Entered: 01/08/2001)

Jan. 3, 2001

Jan. 3, 2001

6

ANSWER to Complaint by Carol Berman (Attorney Patricia L. Murray from the New York State Board of Elections). (sn) (Entered: 01/08/2001)

Jan. 5, 2001

Jan. 5, 2001

8

Memo-Endorsement on letter addressed to Judge McKenna from Joel Graber, dated 1/17/01. Reset answer due for 2/28/01 for Carol Berman, and for George Pataki . ( signed by Judge Lawrence M. McKenna ); Copies mailed. (kw) (Entered: 01/26/2001)

Jan. 25, 2001

Jan. 25, 2001

9

APPLICATION by Joseph Hayden for the Court to request counsel . (lf) (Entered: 02/09/2001)

Feb. 8, 2001

Feb. 8, 2001

10

AFFIDAVIT of due diligence, filed by Carlos Caballero. (jp) (Entered: 02/14/2001)

Feb. 13, 2001

Feb. 13, 2001

11

ANSWER to Complaint by George Pataki, Carol Berman, Glenn S. Goord (Attorney Joel Graber from the Firm: Attorney-General NYS) (cd) (Entered: 03/01/2001)

Feb. 28, 2001

Feb. 28, 2001

12

NOTICE of address change filed by Joseph Hayden . (yv) (Entered: 10/24/2001)

Oct. 24, 2001

Oct. 24, 2001

Notice of change of address filed by Joseph Hayden new location: 201 Ravine Ave. #66 Yonkers, NY 10701. (bai) (Entered: 02/27/2002)

Feb. 25, 2002

Feb. 25, 2002

13

NOTICE OF MOTION by Joseph Hayden for leave to file Amended Complaint ; Return Date not indicated (cd) (Entered: 01/17/2003)

Jan. 15, 2003

Jan. 15, 2003

15

Memo endorsed on courtesy copy of motion; granting [13-1] motion for leave to file Amended Complaint. No opposition having been received. ( signed by Judge Lawrence M. McKenna ); (kw) (Entered: 02/25/2003)

Feb. 24, 2003

Feb. 24, 2003

16

AMENDED COMPLAINT by Joseph Hayden, George Pataki, Lumumba Akinwole-Bandelle, Wilson Andino, Gina Arias, Gina Arias, Wanda Best- Deveaux, Carlos Bristol, Augustine Carmona, David Galarza, Kimalee Garner, Kimalee Garner, Mark Graham, Keran Holmes III, Chaujuantheyia Lochard, Steven Mangual, Steven Mangual, Jamel Massey, Stephen Ramon, Stephen Ramon, Nilda Rivera, Mario Romero, Jessica Sanclemente, Paul Satterfield, Barbara Scott (Answer due 3/28/03 for Glenn S. Goord, for Carol Berman, for George Pataki ); amending [2-1] complaint ; Summons issued. (pl) (Entered: 03/27/2003)

March 18, 2003

March 18, 2003

Memo endorsed on motion; mooting [9-1] motion for the Court to request counsel, counsel havings approved for plaintiff. ( signed by Judge Lawrence M. McKenna ); (pl) (Entered: 03/20/2003)

March 19, 2003

March 19, 2003

17

ANSWER to Complaint by Carol Berman. (kw) (Entered: 04/17/2003)

April 15, 2003

April 15, 2003

18

ANSWER by George Pataki to [16-1] amended complaint. (Attorney Eliot Spitzer ). (jco) (Entered: 04/17/2003)

April 15, 2003

April 15, 2003

19

Memo-Endorsement on letter addressed to Judge McKenna from Janai S. Nelson, dated 4/9/03. counsel for plaintiffs request that this Court decline Mr. Graber's request to stay proceedings in this case pending adjudication of other litigation. The Court does not perceive any reason to stay proceedings at this time, and declines to do so. However, any motion by defendants relating to plaintiffs' 42 U.S.C. 1973 claim may be filed within 30 days of the Second Circuit's decision in Muntaqim. The parties should otherwise proceed with motions on such reasonable schedule as they may be able to agree to, or the Magistrate Judge to whom this case will be referred will set . ( signed by Judge Lawrence M. McKenna ); (yv) (Entered: 04/21/2003)

April 18, 2003

April 18, 2003

20

ORDER, that any motion pursuant to FRCP 12(c) for judgment on the pleadings shall be served no later than 7/9/03; papers in opposition to any motion pursuant to FRCP 12(c) shall be served no later than 9/9/03; moving and opposition papers concerning any motion pursuant to FRCP 12(c) shall be served by hand; no later than 5/16/03 counsel for all parties shall submit letters to my chambers with their respective proposals for the scheduling of discovery in this matter . ( signed by Magistrate Judge Henry B. Pitman ); Copies mailed by chambers. (dle) (Entered: 05/14/2003)

May 13, 2003

May 13, 2003

21

Memo-Endorsement on letter addressed to Judge Pitman from Ianai S. Nelson, dated 5/16/03. Re: all parties request the following schedules: initial disclosures due 7/9/03; motion for class certification due 11/3/03, response due 1/5/04, reply due 1/23/04; expert discovery due 8/30/04; general discovery due 9/30/04; dispositive motions due 12/1/04, response due 1/31/05, reply due 2/28/05. The dates to when the parties agree & pltffs proposed schedule for extent disclosures are approved. Due to the extraordinarily prolonged schedule proposed above, further extensions will not be granted, except for unforeseeable emergencies. The press of other cases & vacation schedules will not justify further extensions . ( signed by Magistrate Judge Henry B. Pitman ) (db) Modified on 05/22/2003 (Entered: 05/22/2003)

May 21, 2003

May 21, 2003

22

Letter filed by Carol Berman addressed to Clerk's Office from Patricia L. Murray, re: address change. (yv) (Entered: 06/09/2003)

June 5, 2003

June 5, 2003

23

NOTICE OF MOTION by George Pataki, Carol Berman for an Order and judgment pursuant to Rule 12(c) of the FRCP, dismissing the claims in the amended complaint alleging violations of the First Amendment, the Equal Protection Clause of the Fourteenth Amendment, the Due Process Clause of the Fourteenth Amendment, the Fifteenth Amendment, 42 U.S.C. 1971(a)(1), 1971 (a)(2)(A) and 1971(a)(2)(B), and customary international law, on the grounds of a lack of federal subject-matter jurisdiction . Return Date not indicated. Affirmation of Joel Graber in support attached. (yv) (Entered: 07/11/2003)

July 10, 2003

July 10, 2003

24

MEMORANDUM OF LAW by George Pataki, Carol Berman in support of [23- 1] motion for an Order and judgment pursuant to Rule 12(c) of the FRCP, dismissing the claims in the amended complaint alleging violations of the First Amendment, the Equal Protection Clause of the Fourteenth Amendment, the Due Process Clause of the Fourteenth Amendment, the Fifteenth Amendment, 42 U.S.C. 1971(a)(1), 1971(a)(2)(A) and 1971(a)(2)(B), and customary international law, on the grounds of a lack of federal subject-matter jurisdiction . (yv) (Entered: 07/11/2003)

July 10, 2003

July 10, 2003

25

Memo-Endorsement on letter addressed to Judge McKenna from Joel Graber, dated 7/2/03: Granting defendants' request for a page limit of 50 pages, and a 20 page reply . ( signed by Judge Lawrence M. McKenna ). (tp) (Entered: 07/15/2003)

July 14, 2003

July 14, 2003

26

Memo-Endorsement on letter addressed to Judge McKenna from Ryan Paul Haygood, dated 8/29/03. Granting plaintiffs' request for leave to file a brief of 50 pages . ( signed by Judge Lawrence M. McKenna ); (kw) (Entered: 09/09/2003)

Sept. 3, 2003

Sept. 3, 2003

27

MEMORANDUM OF LAW by Joseph Hayden, Lumumba Akinwole-Bandelle, Wilson Andino, Gina Arias, Gina Arias, Wanda Best-Deveaux, Carlos Bristol, Augustine Carmona, David Galarza, Kimalee Garner, Kimalee Garner, Mark Graham, Keran Holmes III, Chaujuantheyia Lochard, Steven Mangual, Steven Mangual, Jamel Massey, Stephen Ramon, Stephen Ramon, Nilda Rivera, Mario Romero, Jessica Sanclemente, Paul Satterfield, Barbara Scott in opposition to [23-1] motion for an Order and judgment pursuant to Rule 12(c) of the FRCP, dismissing the claims in the amended complaint alleging violations of the First Amendment, the Equal Protection Clause of the Fourteenth Amendment, the Due Process Clause of the Fourteenth Amendment, the Fifteenth Amendment, 42 U.S.C. 1971(a)(1), 1971(a)(2)(A) and 1971(a)(2)(B), and customary international law, on the grounds of a lack of federal subject-matter jurisdiction . (djc) (Entered: 09/12/2003)

Sept. 9, 2003

Sept. 9, 2003

28

MEMORANDUM OF LAW by George Pataki, Carol Berman in support of [23- 1] motion for an Order and judgment pursuant to Rule 12(c) of the FRCP, dismissing the claims in the amended complaint alleging violations of the First Amendment, the Equal Protection Clause of the Fourteenth Amendment, the Due Process Clause of the Fourteenth Amendment, the Fifteenth Amendment, 42 U.S.C. 1971(a)(1), 1971(a)(2)(A) and 1971(a)(2)(B), and customary international law, on the grounds of a lack of federal subject-matter jurisdiction . (moc) (Entered: 09/24/2003)

Sept. 22, 2003

Sept. 22, 2003

29

NOTICE OF MOTION by Joseph Hayden, Lumumba Akinwole-Bandelle, Wilson Andino, Gina Arias, Wanda Best-Deveaux, Carlos Bristol, Augustine Carmona, David Galarza, Kimalee Garner, Mark Graham, Keran Holmes III, Chaujuantheyia Lochard, Steven Mangual, Jamel Massey, Stephen Ramon, Nilda Rivera, Mario Romero, Jessica Sanclemente, Paul Satterfield, Barbara Scott, Lillian M. Rivera for an order for a determination that this case may proceed as a class action purs. to Rules 23(a), 23(b)(2) and 23(c)(4)(B) of the FRCP . No Return Date. Received in the night deposit box on 11/3/03 at 6:09 p.m. (sb) (Entered: 11/07/2003)

Nov. 3, 2003

Nov. 3, 2003

30

MEMORANDUM OF LAW by Joseph Hayden, Lumumba Akinwole-Bandelle, Wilson Andino, Gina Arias, Wanda Best-Deveaux, Carlos Bristol, Augustine Carmona, David Galarza, Kimalee Garner, Mark Graham, Keran Holmes III, Chaujuantheyia Lochard, Steven Mangual, Jamel Massey, Stephen Ramon, Nilda Rivera, Mario Romero, Jessica Sanclemente, Paul Satterfield, Barbara Scott, Lillian M. Rivera in support of [29-1] motion for an order for a determination that this case may proceed as a class action purs. to Rules 23(a), 23(b)(2) and 23(c)(4)(B) of the FRCP. (sb) (Entered: 11/07/2003)

Nov. 3, 2003

Nov. 3, 2003

31

MEMORANDUM OF LAW in Opposition re: [29] Motion to Certify Class. Document filed by Carol Berman, Glenn S. Goord, George Pataki. (ps, ) (Entered: 01/16/2004)

Jan. 7, 2004

Jan. 7, 2004

32

REPLY MEMORANDUM OF LAW in Support re: [29] Motion to Certify Class. (NDB) Document filed by Lumumba Akinwole-Bandelle, Wilson Andino, Gina Arias, Wanda Best-Deveaux, Carlos Bristol, Augustine Carmona, David Galarza, Kimalee Garner, Mark Graham, Joseph Hayden, Keran Holmes III, Chaujuantheyia Lochard, Steven Mangual, Steven Mangual, Jamel Massey, George Pataki, Stephen Ramon, Nilda Rivera, Mario Romero, Jessica Sanclemente, Paul Satterfield, Barbara Scott. (pa, ) (Entered: 01/29/2004)

Jan. 23, 2004

Jan. 23, 2004

33

NOTICE of Rule 30(b)(6) deposition of defendant Carol Berman. Document filed by Lumumba Akinwole-Bandelle, Wilson Andino, Gina Arias, Wanda Best-Deveaux, Carlos Bristol, Augustine Carmona, David Galarza, Kimalee Garner, Mark Graham, Joseph Hayden, Keran Holmes III, Chaujuantheyia Lochard, Steven Mangual, Steven Mangual, Jamel Massey, Stephen Ramon, Lillian M. Rivera, Nilda Rivera, Mario Romero, Jessica Sanclemente, Paul Satterfield, Barbara Scott. Received in night deposit box on 2/25/04 at 5:21 p.m. (db, ) (Entered: 03/01/2004)

Feb. 25, 2004

Feb. 25, 2004

34

NOTICE of Rule 30(b)(6) deposition of defendant George Pataki, Governor of the State of New York. Document filed by Lumumba Akinwole-Bandelle, Wilson Andino, Gina Arias, Wanda Best-Deveaux, Carlos Bristol, Augustine Carmona, David Galarza, Kimalee Garner, Mark Graham, Joseph Hayden, Keran Holmes III, Chaujuantheyia Lochard, Steven Mangual, Steven Mangual, Jamel Massey, Stephen Ramon, Nilda Rivera, Mario Romero, Jessica Sanclemente, Paul Satterfield, Barbara Scott. Received in night deposit box on 2/25/04 at 5:21 p.m. (db, ) (Entered: 03/01/2004)

Feb. 25, 2004

Feb. 25, 2004

35

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial. Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge Lawrence M. McKenna on 4/19/2004) (jp, ) (Entered: 04/20/2004)

April 19, 2004

April 19, 2004

36

STIPULATION AND ORDER. The discovery schedule in this matter be modified as follows: Initial expert witness reports shall be submitted to opposing counsel on or before 7/2/04 and expert witness rebuttal reports, if any, shall be submitted to opposing counsel on or before 8/16/04. The parties will disclose to each other by letter the subject matter of their proposed expert witness testimony no later than 6/1/04. (Signed by Judge Henry B. Pitman on 4/20/04) (yv, ) (Entered: 04/26/2004)

April 23, 2004

April 23, 2004

37

MOTION for an order allowing the plaintiffs to withdraw without prejudice the third, fourth, and fifth claims for relief in their first amended complaint to the extent that they are based on the Voting Rights Act of 1965, 42 USC 1973. Document filed by Lumumba Akinwole-Bandelle, Wilson Andino, Gina Arias, Wanda Best-Deveaux, Carlos Bristol, Augustine Carmona, David Galarza, Kimalee Garner, Mark Graham, Joseph Hayden, Keran Holmes III, Chaujuantheyia Lochard, Steven Mangual, Steven Mangual, Jamel Massey, Stephen Ramon, Nilda Rivera, Mario Romero, Jessica Sanclemente, Paul Satterfield, Barbara Scott. (dle, ) (Entered: 06/01/2004)

May 28, 2004

May 28, 2004

38

MEMORANDUM OF LAW in Support re: [37] MOTION to Dismiss.. Document filed by Lumumba Akinwole-Bandelle, Wilson Andino, Gina Arias, Wanda Best-Deveaux, Carlos Bristol, Augustine Carmona, David Galarza, Kimalee Garner, Mark Graham, Joseph Hayden, Keran Holmes III, Chaujuantheyia Lochard, Steven Mangual, Steven Mangual, Jamel Massey, Stephen Ramon, Nilda Rivera, Mario Romero, Jessica Sanclemente, Paul Satterfield, Barbara Scott. (dle, ) (Entered: 06/01/2004)

May 28, 2004

May 28, 2004

39

ORDER defendants' motion for judgment on the pleadings is granted. So Ordered. (Signed by Judge Lawrence M. McKenna on 6/14/04) (jco, ) (Entered: 06/15/2004)

June 14, 2004

June 14, 2004

40

CLERK'S JUDGMENT granting defendants' motion for judgment on the pleadings. (Signed by J. Michael McMahon, clerk on 6/16/04) (ml, ) (Entered: 06/16/2004)

June 16, 2004

June 16, 2004

Mailed notice of Right to Appeal to Attorney(s) of Record: Joel Graber, Joseph A. Hayden Jr., Patricia L. Murray, Janai Nelson. (snu, ) (Entered: 06/29/2004)

June 23, 2004

June 23, 2004

41

NOTICE OF INTERLOCUTORY APPEAL from [39] Order. Document filed by Lumumba Akinwole-Bandelle, Wilson Andino, Gina Arias, Wanda Best- Deveaux, Carlos Bristol, Augustine Carmona, David Galarza, Kimalee Garner, Mark Graham, Joseph Hayden, Keran Holmes III, Chaujuantheyia Lochard, Steven Mangual, Steven Mangual, Jamel Massey, Stephen Ramon, Nilda Rivera, Mario Romero, Jessica Sanclemente, Paul Satterfield, Barbara Scott. Filing fee $ 255.00, receipt number E 514388. Copies of Notice of Interlocutory Appeal mailed to Attorney(s) of Record: JOEL GRABER,AAG, PATRICIA L. MURRAY,. (pr, ) (Entered: 07/13/2004)

July 13, 2004

July 13, 2004

Transmission of Notice of Appeal to the District Judge re: [41] Notice of Interlocutory Appeal,,. (pr, ) (Entered: 07/13/2004)

July 13, 2004

July 13, 2004

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: [41] Notice of Interlocutory Appeal,,. (pr, ) (Entered: 07/13/2004)

July 13, 2004

July 13, 2004

42

Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for [41] Notice of Interlocutory Appeal,, filed by Joseph Hayden, Nilda Rivera, David Galarza, Barbara Scott, Wanda Best-Deveaux, Gina Arias, Lumumba Akinwole-Bandelle, Wilson Andino, Carlos Bristol, Augustine Carmona, Kimalee Garner, Mark Graham, Keran Holmes, Steven Mangual, Steven Mangual, Jamel Massey, Stephen Ramon, Mario Romero, Jessica Sanclemente, Paul Satterfield, Chaujuantheyia Lochard USCA Case Number 04-3886-pr, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp, ) (Entered: 08/02/2004)

Aug. 2, 2004

Aug. 2, 2004

Appeal Record Sent to USCA (File). Indexed record on Appeal Files for [41] Notice of Interlocutory Appeal,, filed by Joseph Hayden, Nilda Rivera, David Galarza, Barbara Scott, Wanda Best-Deveaux, Gina Arias, Lumumba Akinwole- Bandelle, Wilson Andino, Carlos Bristol, Augustine Carmona, Kimalee Garner, Mark Graham, Keran Holmes, Steven Mangual, Steven Mangual, Jamel Massey, Stephen Ramon, Mario Romero, Jessica Sanclemente, Paul Satterfield, Chaujuantheyia Lochard USCA Case Number 04-3886-pr, were transmitted to the U.S. Court of Appeals. (tp, ) (Entered: 08/02/2004)

Aug. 2, 2004

Aug. 2, 2004

Minute Entry for proceedings held before Judge Lawrence M. McKenna : Status Conference held on 5/18/2006 (on Mandate). Court instructs counsel to notify the Court as to the status of this case relative to other cases currently pending in USDC in other Districts. No transcript. All parties present. (db, ) (Entered: 05/19/2006)

May 18, 2006

May 18, 2006

45

MEMORANDUM AND ORDER; With respect to the May 4, 2006 and June 1, 2006 en banc decisions in this case of the Court of Appeals for the Second Circuit, plaintiffs are to advise this Court in writing, not later than July 17, 2006, whether in their view they have raised a claim on behalf of plaintiffs who are neither incarcerated nor on parole that their votes are diluted because of New York's apportionment process, as elaborated in the Court of Appeals' decisions, and, if the answer is affirmative, to identify the relevant portions of the complaint and suggest what further proceedings should be had in this Court; the State defendants are to respond in writing, not later than July 27, 2006. (Signed by Judge Lawrence M. McKenna on 6/28/06) (djc, ) (Entered: 07/06/2006)

June 28, 2006

June 28, 2006

43

MANDATE of USCA (Certified Copy) as to [41] Notice of Interlocutory Appeal, filed by Joseph Hayden, Nilda Rivera, David Galarza, Barbara Scott, Wanda Best-Deveaux, Gina Arias, Lumumba Akinwole-Bandelle, Wilson Andino, Carlos Bristol, Augustine Carmona, Kimalee Garner, Mark Graham, Keran Holmes, III, Steven Mangual, Steven Mangual, Jamel Massey, Stephen Ramon, Mario Romero, Jessica Sanclemente, Paul Satterfield, Chaujuantheyia Lochard, USCA Case Number 04-3886-pr. It is hereby Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED, and the cause is REMANDED to the District Court for further proceedings in accordance with the opinion of this Court. Roseann B. MacKechnie, Clerk USCA. Issued As Mandate: 6/1/06. (tp, ) (Entered: 07/05/2006)

June 30, 2006

June 30, 2006

44

MANDATE of USCA (Certified Copy) as to [41] Notice of Interlocutory Appeal, filed by Joseph Hayden, Nilda Rivera, David Galarza, Barbara Scott, Wanda Best-Deveaux, Gina Arias, Lumumba Akinwole-Bandelle, Wilson Andino, Carlos Bristol, Augustine Carmona, Kimalee Garner, Mark Graham, Keran Holmes, III, Steven Mangual, Steven Mangual, Jamel Massey, Stephen Ramon, Mario Romero, Jessica Sanclemente, Paul Satterfield, Chaujuantheyia Lochard, USCA Case Number 04-3886-pr. It is hereby Ordered, Adjudged and Decreed that the case is REMANDED to the District Court. Roseann B. MacKechnie, Clerk USCA. Issued As Mandate: 6/1/06. (tp, ) (Entered: 07/05/2006)

June 30, 2006

June 30, 2006

Transmission of USCA Mandate/Order to the District Judge re: [43] USCA Mandate.(tp, ) (Entered: 07/05/2006)

July 5, 2006

July 5, 2006

Transmission of USCA Mandate/Order to the District Judge re: [44] USCA Mandate. (tp, ) (Entered: 07/05/2006)

July 5, 2006

July 5, 2006

46

PLAINTIFFS' RESPONSE TO COURT'S 6/28/06 MEMORANDUM AND ORDER Document filed by Carlos Bristol, Augustine Carmona, David Galarza, Kimalee Garner, Kimalee Garner, Mark Graham, Keran Holmes, III, Chaujuantheyia Lochard, Steven Mangual, Steven Mangual, Joseph Hayden, Jamel Massey, Stephen Ramon, Stephen Ramon, Nilda Rivera, Mario Romero, Jessica Sanclemente, Paul Satterfield, Barbara Scott, Lumumba Akinwole- Bandelle, Wilson Andino, Gina Arias, Gina Arias, Wanda Best-Deveaux. (jco, ) (Entered: 07/18/2006)

July 13, 2006

July 13, 2006

47

MEMORANDUM AND ORDER: The Court finds that no further proceedings in the District Court are required, and that the case in the District Court need not be reopened. (Signed by Judge Lawrence M. McKenna on 8/3/2006) (lb, ) (Entered: 08/07/2006)

Aug. 4, 2006

Aug. 4, 2006

Appeal Record Returned. Indexed record on Appeal Files for [41] Notice of Interlocutory Appeal,, filed by Joseph Hayden,, Nilda Rivera,, David Galarza,, Barbara Scott,, Wanda Best-Deveaux,, Gina Arias,, Lumumba Akinwole- Bandelle,, Wilson Andino,, Carlos Bristol,, Augustine Carmona,, Kimalee Garner,, Mark Graham,, Keran Holmes, III, Steven Mangual,, Steven Mangual,, Jamel Massey,, Stephen Ramon,, Mario Romero,, Jessica Sanclemente,, Paul Satterfield,, Chaujuantheyia Lochard, USCA Case Number 04-3886, returned from the U.S. Court of Appeals. (nd, ) (Entered: 08/17/2006)

Aug. 11, 2006

Aug. 11, 2006

48

ORDER of USCA (Certified Copy) as to [41] Notice of Interlocutory Appeal, filed by Joseph Hayden,, Nilda Rivera,, David Galarza,, Barbara Scott, Wanda Best-Deveaux,, Gina Arias,, Lumumba Akinwole-Bandelle, Wilson Andino,, Carlos Bristol,, Augustine Carmona,, Kimalee Garner, Mark Graham,, Keran Holmes, III, Steven Mangual,, Steven Mangual, Jamel Massey,, Stephen Ramon,, Mario Romero, Jessica Sanclemente, Paul Satterfield,, Chaujuantheyia Lochard, USCA Case Number 04-3886-pr. In a published Opinion filed June 1, 2006, the Court, sitting en banc, remanded this appeal to the District Court for further proceedings. Those proceedings having now been concluded, IT IS HEREBY ORDERED the mandate is recalled and appeal is restored to the Court's argument calendar. Roseann B. MacKechnie, Clerk USCA. Certified: 10/6/2006. (nd, ) (Entered: 10/11/2006)

Oct. 11, 2006

Oct. 11, 2006

Appeal Remark as to [41] Notice of Interlocutory Appeal, Re: [43] Mandate of USCA, [44] Mandate of USCA USCA Case Number 04-3886-pr: Mandates are returned to Court of Appeals, 2nd Cir. to the attn of G. Phillip. (nd, ) (Entered: 10/11/2006)

Oct. 11, 2006

Oct. 11, 2006

Case Details

State / Territory: New York

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: 2000

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Black and Latino who are of lawful voting age, citizens of the United States and are denied the right to vote because of being incarcerated or on parole, and as a result of a felony conviction

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Defendants

New York State Department of Correctional Services, State

New York Board of Elections,, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Litigation