Case: Brown v. City of Oneonta

3:93-cv-00349 | U.S. District Court for the Northern District of New York

Filed Date: March 16, 1993

Closed Date: Feb. 14, 2003

Clearinghouse coding complete

Case Summary

This case is about the constitutionality of considering race during police stops and questioning. On September 4, 1992, the police department in Oneonta, New York received a report that a young Black man had committed an attempted burglary and assault in the area. For the next five days, state and local law enforcement conducted widespread stops, searches, detentions, and questioning of Black men in Oneonta and at the State University of New York at Oneonta (“SUNY Oneonta”). Several Black male …

This case is about the constitutionality of considering race during police stops and questioning. On September 4, 1992, the police department in Oneonta, New York received a report that a young Black man had committed an attempted burglary and assault in the area. For the next five days, state and local law enforcement conducted widespread stops, searches, detentions, and questioning of Black men in Oneonta and at the State University of New York at Oneonta (“SUNY Oneonta”).

Several Black male SUNY Oneonta students who were stopped during this systematic search filed a class action complaint in the U.S. District Court for the Northern District of New York on March 16, 1993. They sued the City of Oneonta, SUNY Oneonta officials, and several state, local, and campus police officers under 42 U.S.C. §§ 1981, 1983, 1985, and 1986. The Clearinghouse was unable to locate the complaint. The plaintiffs alleged that the police engaged in racially discriminatory traffic stops and barred Black men from boarding buses at the bus stop unless they allowed police questioning and searches. The plaintiffs claimed that this conduct constituted a racially discriminatory practice, in violation of the Fourteenth Amendment’s Equal Protection Clause. They also alleged violations of the Fourth Amendment’s protections against unreasonable searches and seizures; violations of the Family Educational Rights and Privacy Act (“FERPA”), Title VI of the Civil Rights Act, New York civil rights law, and the New York Personal Privacy Protection Law; and intentional infliction of emotional distress under state law. The case was assigned to District Judge Thomas J. McAvoy.

The plaintiffs filed an amended complaint on April 30, 1993. The Clearinghouse could not find the amended complaint.

A SUNY Oneonta official moved to dismiss the complaint on July 30, 1993; the state defendants moved for summary judgment later that year, on October 25; and the city defendants moved to dismiss or for summary judgment the following month, on November 22. The plaintiffs also moved for partial summary judgment on August 30, 1993, and for class certification the following month. 

On January 31, 1994, the court dismissed the equal protection claims with leave to replead and dismissed some of the FERPA, state law, and Fourth Amendment claims with prejudice. Judge McAvoy declined to grant summary judgment for the SUNY Oneonta defendants on the FERPA claims, denied several of the defendants’ claims for qualified immunity, and rejected the defendants’ motion to dismiss the § 1981 and Title VI claims. The court also granted class certification for the class of 78 SUNY Oneonta students, but denied certification for the class of all people stopped and questioned by the police. Both parties moved to reconsider the unfavorable aspects of the court’s decision in February 1994.

On July 18, 1994, the court issued an order reconsidering several elements of its January 1994 decision. Judge McAvoy allowed the FERPA claims to proceed against several defendants and declined to grant qualified immunity on the FERPA or § 1981 claims. The court also dismissed the racial discrimination claims under 42 U.S.C. § 1981, holding that the plaintiffs did not put forth evidence of similarly situated individuals who were treated differently, and granted summary judgment for the defendants on the Fourth Amendment claims. Additionally, the court allowed the Title VI claims to proceed because Title VI only requires proof of discriminatory effect, not discriminatory intent. 858 F.Supp. 340.

The plaintiffs filed a second amended complaint on January 30, 1995, which included 27 new plaintiffs with Fourth Amendment and § 1981 claims and multiple new defendants from the Otsego County Sheriff’s department. The plaintiffs also repleaded the previously dismissed equal protection and § 1981 claims. The court dealt with discovery matters over the next year.

In July 1995, several defendants moved to dismiss or for summary judgment on the equal protection, Fourth Amendment, and 42 U.S.C. §§ 1981, 1983, 1985, 1986, and Title VI claims. They also argued that qualified immunity barred the claims against them, and that the second amended complaint essentially repleaded the same claims the court had already dismissed in this case.

On January 3, 1996, the court reaffirmed its July 1994 holdings because the plaintiffs did not show that controlling law had changed, that new evidence had been uncovered, or that justice required reconsideration since the previous order. Judge McAvoy denied the defendants’ motion to dismiss the § 1983 and FERPA claims, held that qualified immunity did not apply to some defendants, denied the defendants’ motion to dismiss the Title VI claims, and granted summary judgment for the defendants on the Fourth Amendment claims with respect to most of the plaintiffs. The court also dismissed the equal protection and 42 U.S.C. § 1981, 1985, and 1986 claims against the Oneonta defendants with prejudice and the state police defendants without prejudice, holding that the plaintiffs did not allege that the defendants treated a “similarly situated class of non-minorities'' differently. Additionally, Judge McAvoy denied the City of Oneonta’s motion for summary judgment on the issue of municipal liability. 911 F.Supp. 580.

Soon after, several of the defendants filed motions to reconsider the January 1996 order. On February 20, 1996, the court declined to reconsider its previous rulings with respect to the equal protection claims against a SUNY Oneonta defendant and the municipal liability of the City of Oneonta. Judge McAvoy also reaffirmed his prior dismissal of the equal protection claims, clarifying that the plaintiffs failed to allege that a “white male suspected of a violent crime was treated differently from plaintiffs.” 916 F.Supp. 176. The defendants moved for an interlocutory appeal.

The United States Court of Appeals for the Second Circuit partially reversed the district court’s prior ruling on February 14, 1997. District Judge Louis L. Stanton wrote the opinion, which Circuit Judges John M. Walker, Jr. and Pierre N. Leval joined. The Second Circuit held that because it was unclear whether FERPA’s “emergency exception” allowed SUNY Oneonta employees to provide law enforcement officers with a list of names and addresses of Black male students, the SUNY employees’ actions did not violate a clearly established right. Thus, the SUNY Oneonta defendants were entitled to qualified immunity from FERPA claims. The Second Circuit also remanded the case to the district court to address how qualified immunity applied to one plaintiff’s Fourth Amendment claim, though this plaintiff later dropped the claim. 106 F.3d 1125.

On March 12, 1998, the parties agreed to voluntarily dismiss all federal claims that the court had not yet decided, in order to secure an appealable final judgment. They also agreed to dismiss the remaining state law claims from the second amended complaint without prejudice.

The district court dismissed all federal claims and remaining supplemental state law claims on September 9, 1998. Several plaintiffs appealed this dismissal on October 2, 1998. The NAACP Legal Defense Fund and the ACLU’s New York affiliate filed an amicus brief in support of the plaintiffs on November 30, 1998.

The Second Circuit affirmed the district court’s dismissal of the equal protection and §§ 1981, 1985, and 1986 claims on October 26, 1999. Circuit Judge Walker wrote the opinion, which Circuit Judge James Lowell Oakes and United States Court of International Trade Judge Richard W. Goldberg joined. The Second Circuit held that no racial discrimination took place because the police did not question the plaintiffs solely because of their race, but instead “on the altogether legitimate basis of a physical description given by the victim of a crime.” Additionally, the police’s criteria for questioning the plaintiffs also included age, gender, and a hand injury—it did not rest entirely on race. However, the Second Circuit partially reversed the district court’s ruling and allowed Fourth Amendment claims by two of the plaintiffs to proceed in the district court. The first plaintiff alleged that the police pulled his car over, ordered him out of the car, and told him to put his hands on top of the car, which the court deemed a “seizure of persons” under the Fourth Amendment. The second plaintiff claimed that an officer told her that she needed to give him her identification if she wanted to board the bus, which the court viewed as a seizure because the officer clearly indicated that he was detaining her. 195 F.3d 111.

On November 17, 1999, the plaintiffs filed a petition for the Second Circuit to rehear the case because their attorney “had personal interests that created an appearance of impropriety.” The Second Circuit declined to rehear the case on December 27, 1999 because the attorney’s interests did not adversely affect his representation of the plaintiffs. 203 F.3d 153.

The plaintiffs again petitioned for rehearing and rehearing en banc on December 17, 1999. The Second Circuit issued an amended opinion on August 8, 2000 and vacated its October 26, 1999 opinion. The amended opinion again affirmed the court’s prior dismissal of the equal protection and §§ 1981, 1985, and 1986 claims. However, the court allowed the Fourth Amendment claims by four plaintiffs to proceed in the district court. 221 F.3d 329.

The plaintiffs filed another petition for rehearing and rehearing en banc on September 22, 2000. The Second Circuit declined to rehear the case on December 18, 2000. Circuit Judges Amalya L. Kearse, Guido Calabresi, Fred I. Parker, Chester J. Straub, and Sonia Sotomayor (now Supreme Court Justice Sotomayor) dissented from the denial of rehearing en banc. 235 F.3d 769.

On May 17, 2001, the ACLU’s New York affiliate filed a petition on behalf of the plaintiffs for a writ of certiorari to the Supreme Court of the United States. The Supreme Court declined to hear the case on October 1, 2001. 534 U.S. 816.

The plaintiffs filed a third amended complaint in the district court on February 7, 2002. The Oneonta defendants filed motions to dismiss and for summary judgment on October 29, 2002. At a motion hearing on February 10, 2003, Judge McAvoy dismissed all claims in the third amended complaint except a Fourth Amendment claim by one of the plaintiffs against an Oneonta police officer. The court entered judgment against the plaintiffs on all claims except the Fourth Amendment claim on February 14, 2003.

Upon notification that the parties had reached a settlement, the court dismissed the remaining claim on February 14, 2003. The Clearinghouse could not locate the settlement agreement. The case is now closed.

The plaintiffs subsequently filed a class action case in the Court of Claims of New York based on similar claims (Docket 86979). On November 19, 1996, the New York Court of Appeals affirmed the dismissal of the plaintiffs' federal constitutional claims under § 1981. 89 N.Y.2d 172. On February 10, 2006, the Court of Claims dismissed the New York Constitution equal protection and search and seizure claims for the class, but held that New York was liable for some of the individual plaintiffs' equal protection or search and seizure claims. 814 N.Y.S.2d 492. The plaintiffs appealed to the appellate division of the New York Supreme Court (Docket 501702), which affirmed the Court of Claims on August 23 of the following year, 841 N.Y.S.2d 698, and the New York Court of Appeals denied leave to appeal, 9 N.Y.3d 815. Ultimately, the individual plaintiffs won a total of $40,000 after a bench trial on damages. That case is also presumed closed.

Summary Authors

Sophia Acker (2/3/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/1631226/parties/brown-v-oneonta-ny/


Judge(s)
Attorney for Plaintiff

-, Rene Kathawala, (New York)

-, Jon Greenbaum, (New York)

-, Julie Gorchkova, (New York)

-, Aaron Gold, (New York)

Attorney for Defendant

-, Randy Kleinman, (New York)

show all people

Documents in the Clearinghouse

Document

98-09375

Docket

U.S. Court of Appeals for the Second Circuit

Oct. 19, 1998

Oct. 19, 1998

Docket

3:93-cv-00349

Docket [Pacer]

Aug. 9, 2006

Aug. 9, 2006

Docket
156

3:93-cv-00349

Memorandum, Decision & Order

Brown v. City of Oneonta, New York

July 18, 1994

July 18, 1994

Order/Opinion

858 F.Supp. 858

181

3:93-cv-00349

Supplemental Order

Brown v. City of Oneonta, New York

Feb. 6, 1995

Feb. 6, 1995

Order/Opinion

160 F.R.D. 160

259

3:93-cv-00349

Memorandum–Decision and Order

Jan. 3, 1996

Jan. 3, 1996

Order/Opinion

911 F.Supp. 911

296

3:93-cv-00349

Memorandum–Decision & Order

Feb. 20, 1996

Feb. 20, 1996

Order/Opinion

916 F.Supp. 916

186

Opinion of the Court

Brown v. State of New York

New York state appellate court

Nov. 19, 1996

Nov. 19, 1996

Order/Opinion

674 N.E.2d 674

00232

USCA Opinion

Brown v. City of Oneonta, New York, Police Department

U.S. Court of Appeals for the Second Circuit

Feb. 14, 1997

Feb. 14, 1997

Order/Opinion

106 F.3d 106

98-09375

USCA Opinion

Brown v. City of Oneonta, New York, Police Department

U.S. Court of Appeals for the Second Circuit

Oct. 26, 1999

Oct. 26, 1999

Order/Opinion

195 F.3d 195

98-09375

USCA Opinion

Brown v. City of Oneonta, New York, Police Department

U.S. Court of Appeals for the Second Circuit

Dec. 27, 1999

Dec. 27, 1999

Order/Opinion

203 F.3d 203

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/1631226/brown-v-oneonta-ny/

Last updated April 7, 2024, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; FILING FEE $120 RECEIPT #13680 ; Service deadline 5/17/93 for SUCO Computer Emply., for Brian Wilson, for Leif Hartmark, for Anon. Public Safety, for John Edmondson, for Tim Jackson, for Merritt Hunt, for SUCO Public Safety, for Anonymous NYS Police, for Farrago, for Kenneth Grant, for Mark Kimball, for John Way, for Kevin More, for George Clum, for Robert Farrand, for H. Karl Chandler, for NYS Police, for SUNY at Oneonta, for State University, for State of New York, for Anonymous Officers, for X. Olsen, for William David, for Joseph Redmond, for Carl Shedlock, for John J. Donadio, for Oneonta Police Dept., for Oneonta, NY (fce) (Entered: 03/16/1993)

March 16, 1993

March 16, 1993

PACER

SUMMONS(ES) issued for Oneonta, NY, Oneonta Police Dept., John J. Donadio, Carl Shedlock, Joseph Redmond, William David, X. Olsen, Anonymous Officers, State of New York, State University, SUNY at Oneonta, NYS Police, H. Karl Chandler, Robert Farrand, George Clum, Kevin More, John Way, Mark Kimball, Kenneth Grant, Farrago, Anonymous NYS Police, SUCO Public Safety, Merritt Hunt, Tim Jackson, John Edmondson, Anon. Public Safety, Leif Hartmark, Brian Wilson, SUCO Computer Emply. (fce)

March 16, 1993

March 16, 1993

PACER

CASE REFERRED to Magistrate Judge David N. Hurd (fce)

March 16, 1993

March 16, 1993

PACER

Filing Order Issued; Conference set before Magistrate Judge David N. Hurd in Albany, Status Conference at 11:45 9/1/93, Deadline for filing Case Management Plan, 8/18/93 (fce)

March 16, 1993

March 16, 1993

PACER
2

SUMMONS Returned Executed as to Oneonta, NY, Oneonta Police Dept., John J. Donadio, Joseph Redmond, William M. Davis, X. Olsen, Anonymous Officers, State of New York, SUNY, SUNY at Oneonta, NYS Police, H. Karl Chandler, Robert Farrand, George Clum, Kevin More, John Way, Mark Kimball, Kenneth Grant, Farrago, Anon. State Police, SUCO Public Safety, Merritt Hunt, Tim Jackson, John Edmondson, Leif Hartmark, Carl Shedlock on 3/30/93 : Answer due on 4/19/93 for Carl Shedlock, for Brian Wilson, for Leif Hartmark, for John Edmondson, for Tim Jackson, for Merritt Hunt, for SUCO Public Safety, for Anon. State Police, for Farrago, for Kenneth Grant, for Mark Kimball, for John Way, for Kevin More, for George Clum, for Robert Farrand, for H. Karl Chandler, for NYS Police, for SUNY at Oneonta, for SUNY, for State of New York, for Anonymous Officers, for X. Olsen, for William M. Davis, for Joseph Redmond, for John Donadio, for Oneonta Police Dept., for Oneonta, NY (pta) Modified on 06/09/1993 (Entered: 03/31/1993)

March 31, 1993

March 31, 1993

PACER
3

REQUEST and ORDER, to Extend Time, reset Answer deadline to 4/30/93 for Anonymous Officers, for X. Olsen, for William M. Davis, for Joseph Redmond, for John J. Donadio, for Oneonta Police Dept., for Oneonta, NY ( signed by Magistrate Judge David N. Hurd ) (fce) (Entered: 04/09/1993)

April 9, 1993

April 9, 1993

PACER
4

Stipulation, SO ORDERED, to Amend [1-1] complaint to change the name of deft Brian Wilson to Eric Wilson, etc. ( signed by Magistrate Judge David N. Hurd ) (fce) (Entered: 04/22/1993)

April 21, 1993

April 21, 1993

PACER
5

AMENDED COMPLAINT by Ricky Brown, Jamel Champen, Sheryl Champen, Hopeton Gordon, Jean Cantave, Raishawn Morris, Major Barnett, Charles Battiste, Kevin Allen, Wayne Lewis, Answer due 5/10/93 for Carl Shedlock, for Eric Wilson, for Leif Hartmark, for John Edmondson, for Tim Jackson, for Merritt Hunt, for SUCO Public Safety, for Anon. State Police, for Farrago, for Kenneth Grant, for Mark Kimball, for John Way, for Kevin More, for George Clum, for Robert Farrand, for H. Karl Chandler, for NYS Police, for SUNY at Oneonta, for SUNY, for State of New York, for Anonymous Officers, for X. Olsen, for William M. Davis, for Joseph Redmond, for John J. Donadio, for Oneonta Police Dept., for Oneonta, NY, Service deadline 6/29/93 for Carl Shedlock, for Eric Wilson, for Leif Hartmark, for John Edmondson, for Tim Jackson, for Merritt Hunt, for SUCO Public Safety, for Anon. State Police, for Farrago, for Kenneth Grant, for Mark Kimball, for John Way, for Kevin More, for George Clum, for Robert Farrand, for H. Karl Chandler, for NYS Police, for SUNY at Oneonta, for SUNY, for State of New York, for Anonymous Officers, for X. Olsen, for William M. Davis, for Joseph Redmond, for John J. Donadio, for Oneonta Police Dept., for Oneonta, NY, amends [1-1] complaint (fce) (Entered: 04/30/1993)

April 30, 1993

April 30, 1993

PACER

SUMMONS(ES) issued for Eric Wilson (fce)

April 30, 1993

April 30, 1993

PACER
6

ANSWER to Complaint by Oneonta, NY, Oneonta Police Dept., John J. Donadio, Joseph Redmond, William M. Davis, X. Olsen, Anonymous Officers, Carl Shedlock (Attorney James B. Tuttle) (pta) (Entered: 05/03/1993)

May 3, 1993

May 3, 1993

PACER
7

ACKNOWLEDGEMENT OF SERVICE as to Oneonta, NY, Oneonta Police Dept., John J. Donadio, Joseph Redmond, William M. Davis, X. Olsen, Anonymous Officers, State of New York, SUNY, SUNY at Oneonta, NYS Police, H. Karl Chandler, Robert Farrand, George Clum, Kevin More, John Way, Mark Kimball, Kenneth Grant, Farrago, Anon. State Police, SUCO Public Safety, Merritt Hunt, Tim Jackson, John Edmondson, Leif Hartmark, Eric Wilson, Carl Shedlock on 5/4/93 : Answer due on 5/24/93 for Carl Shedlock, for Eric Wilson, for Leif Hartmark, for John Edmondson, for Tim Jackson, for Merritt Hunt, for SUCO Public Safety, for Anon. State Police, for Farrago, for Kenneth Grant, for Mark Kimball, for John Way, for Kevin More, for George Clum, for Robert Farrand, for H. Karl Chandler, for NYS Police, for SUNY at Oneonta, for SUNY, for State of New York, for Anonymous Officers, for X. Olsen, for William M. Davis, for Joseph Redmond, for John J. Donadio, for Oneonta Police Dept., for Oneonta, NY (fce) (Entered: 05/07/1993)

May 6, 1993

May 6, 1993

PACER
8

SUMMONS Returned Executed as to Eric Wilson on 5/5/93 : Answer due on 5/25/93 for Eric Wilson (fce) (Entered: 05/14/1993)

May 13, 1993

May 13, 1993

PACER
9

AMENDED ANSWER by Oneonta, NY, Oneonta Police Dept., John J. Donadio, Joseph Redmond, William M. Davis, X. Olsen, Anonymous Officers, Carl Shedlock (Attorney James B. Tuttle) to amended complaint (pta) (Entered: 05/14/1993)

May 14, 1993

May 14, 1993

PACER
10

COURT NOTICE to Pltf to request Entry of Default as to all Defts; except as to answering Defts of City of Oneonta, Police Dept. of Oneonta, Donadio, Redmond, Davis, Olsen, Anonymous Officers of Police Dept. Oneonta & Shedlock. (pta) Modified on 06/14/1993 (Entered: 06/09/1993)

June 9, 1993

June 9, 1993

PACER
11

NOTICE of Extension of time to Answer the Amended Complaint given by Pltfs Ricky Brown, Jamel Champen, Sheryl Champen, Hopeton Gordon, Jean Cantave, Raishawn Morris, Major Barnett, Charles Battiste, Kevin Allen, Wayne Lewis as to Defts State of NY; SUNY at Oneonta; NYS Police; Chandler; Farrand; Clum; More; Way; Kimball, Grant, Farrago, Anonymous State Police Officer; SUCO Dept Public Safety; SUCO Dept Public Safety Officers Hunt; Jackson; Edmondson; Anonymous Public Safety Officers, Hartmark; Wilson and Anonymous SUCO Computer Employees until 7-05-93 (pta) (Entered: 06/17/1993)

June 17, 1993

June 17, 1993

PACER

Deadline updated; reset Answer deadline to 7/5/93 for Anonymous SUCO, for Anonymous Public, for Eric Wilson, for Leif Hartmark, for John Edmondson, for Tim Jackson, for Merritt Hunt, for SUCO Public Safety, for Anon. State Police, for Farrago, for Kenneth Grant, for Mark Kimball, for John Way, for Kevin More, for George Clum, for Robert Farrand, for H. Karl Chandler, for NYS Police, for SUNY at Oneonta (pta)

June 17, 1993

June 17, 1993

PACER
12

NOTICE of attorney appearance for Leif Hartmark by Brian J. O'Donnell, Esq. (fce) (Entered: 06/21/1993)

June 18, 1993

June 18, 1993

PACER
13

ANSWER to Complaint by Merritt Hunt, Tim Jackson, Eric Wilson (Attorney Robert A. Siegfried) (pta) (Entered: 07/02/1993)

July 2, 1993

July 2, 1993

PACER
15

AFFIDAVIT of Service by mail - served an answer on State of New York, SUNY, SUNY at Oneonta, NYS Police, H. Karl Chandler, Robert Farrand, George Clum, More, John Way, Mark Kimball, Kenneth Grant, Farrago, Anon. State Police, SUCO Public Safety, Merritt Hunt, Tim Leif Hartmark, Eric Wilson, Anonymous Public, Anonymous Re: (fce) (Entered: 07/21/1993)

July 19, 1993

July 19, 1993

PACER
16

AFFIDAVIT of Service by mail of an answer on Ricky Brown, Jamel Champen, Sheryl Champen, Hopeton Gordon, Jean Cantave, Raishawn Morris, Major Barnett, Charles Battiste, Kevin Allen, Wayne Lewis, Oneonta, NY, Oneonta Police Dept., John J. Donadio, Joseph Redmond, William M. Davis, X. Olsen, Anonymous Officers, Carl Shedlock Re: (fce) (Entered: 07/21/1993)

July 19, 1993

July 19, 1993

PACER
14

ANSWER to Complaint by John Edmondson (Attorney Richard W. McVinney), (fce) (Entered: 07/20/1993)

July 20, 1993

July 20, 1993

PACER
17

AFFIDAVIT by Leif Hartmark Re: [17-1] motion to Dismiss (fce) (Entered: 08/02/1993)

July 30, 1993

July 30, 1993

PACER
18

MEMORANDUM by Leif Hartmark in support of [17-1] motion to Dismiss (fce) (Entered: 08/02/1993)

July 30, 1993

July 30, 1993

PACER
19

STIPULATION (ORDER), to Extend Time for Leif S. Hartmark to answer or file Motion by 7-30-93 (by Pltf Atty Bassinson & Deft Hartmark Atty O'Donnell dd 6-16-93) (pta) (Entered: 08/04/1993)

Aug. 4, 1993

Aug. 4, 1993

PACER
20

Proposed Joint Civil Case Management Plan Submitted. (fce) (Entered: 08/24/1993)

Aug. 23, 1993

Aug. 23, 1993

PACER
21

ATTY BASSINSON Letter dd 8-26-93 confirming waiver of GO #37 page limitation to 35 pages (pta) (Entered: 08/30/1993)

Aug. 30, 1993

Aug. 30, 1993

PACER
22

CROSS MOTION and Proposed Order by Ricky Brown, Jamel Champen, Sheryl Champen, Hopeton Gordon, Jean Cantave, Raishawn Morris, Major Barnett, Charles Battiste, Kevin Allen, Wayne Lewis for Summary Judgment, Hearing set for 10:00 9/13/93, Response Deadline <date not set> (fce) (Entered: 08/31/1993)

Aug. 30, 1993

Aug. 30, 1993

PACER
23

Rule 10J Statement in Support of [22-1] cross motion for Summary Judgment filed by Ricky Brown, Jamel Champen, Sheryl Champen, Hopeton Gordon, Jean Cantave, Raishawn Morris, Major Barnett, Charles Battiste, Kevin Allen, Wayne Lewis (fce) (Entered: 08/31/1993)

Aug. 30, 1993

Aug. 30, 1993

PACER
24

AFFIDAVIT by D. Scott Bassinson for Ricky Brown, Jamel Champen, Sheryl Champen, Hopeton Gordon, Jean Cantave, Raishawn Morris, Major Barnett, Charles Battiste, Kevin Allen, Wayne Lewis Re: [22-1] cross motion for Summary Judgment (fce) (Entered: 08/31/1993)

Aug. 30, 1993

Aug. 30, 1993

PACER
25

MEMORANDUM by Ricky Brown, Jamel Champen, Sheryl Champen, Hopeton Gordon, Jean Cantave, Raishawn Morris, Major Barnett, Charles Battiste, Kevin Allen, Wayne Lewis in support of [22-1] cross motion for Summary Judgment (fce) (Entered: 08/31/1993)

Aug. 30, 1993

Aug. 30, 1993

PACER
27

Scheduling Notice: [22-1] cross motion for Summary Judgment, [17-1] motion to Dismiss adjourned from 9/13/93 to 10/12/93, 10:00 a.m. in Albany [served 9/1/93] (plp) (Entered: 09/07/1993)

Sept. 1, 1993

Sept. 1, 1993

PACER
26

Pltf Atty Bassinson ltr to court dd 9/1/93 stating no opposition to portion of Deft Hartmark 9/13/93 motion re: Pltf 22nd cause of action (plp) (Entered: 09/03/1993)

Sept. 3, 1993

Sept. 3, 1993

PACER
28

Minute entry: MOTION CALENDAR HELD 9-13-93 ALBANY NY Appearances: Court Reporter/ECRO: H. Santspree; No Counsel. Deft Hartmark Motion for Dismissal and/or S.J. [17-1] - ADJ UNTIL 10-12-93 ALBANY NY (pta) (Entered: 09/17/1993)

Sept. 14, 1993

Sept. 14, 1993

PACER

Deadline updated; Response to Motion reset to 9/27/93 for [22-1] cross motion for Summary Judgment, [17-1] motion to Dismiss, Reply to Response to Motion reset to 10/4/93 (pta)

Sept. 17, 1993

Sept. 17, 1993

PACER
29

DEFTS RESPONSE to Request for Production of Documents; Exhibits A to C; by NYS Police, H. Karl Chandler, Robert Farrand, George Clum, Kevin More, John Way, Mark Kimball, Kenneth Grant, Farrago to Discovery (pta) (Entered: 09/20/1993)

Sept. 20, 1993

Sept. 20, 1993

PACER
30

DEFT AFFIDAVIT by H. Karl Chandler Re: opposition to Pltf request for documents (pta) (Entered: 09/20/1993)

Sept. 20, 1993

Sept. 20, 1993

PACER
35

AFFIDAVIT by Paul C. Rapp for Ricky Brown, Jamel Champen, Sheryl Champen, Hopeton Gordon, Jean Cantave, Raishawn Morris, Major Barnett, Charles Battiste, Kevin Allen, Wayne Lewis Re: [35-1] motion (fce) (Entered: 09/24/1993)

Sept. 21, 1993

Sept. 21, 1993

PACER
36

MEMORANDUM by Ricky Brown, Jamel Champen, Sheryl Champen, Hopeton Gordon, Jean Cantave, Raishawn Morris, Major Barnett, Charles Battiste, Kevin Allen, Wayne Lewis in support of [35-1] motion (fce) (Entered: 09/24/1993)

Sept. 21, 1993

Sept. 21, 1993

PACER
31

AFFIDAVIT by Brian J. O'Donnell for Leif Hartmark Re: [22-1] cross motion for Summary Judgment (fce) (Entered: 09/24/1993)

Sept. 24, 1993

Sept. 24, 1993

PACER
32

AFFIDAVIT by Leif Hartmark Re: [22-1] cross motion for Summary Judgment (fce) (Entered: 09/24/1993)

Sept. 24, 1993

Sept. 24, 1993

PACER
33

Rule 10J Statement in Support of [22-1] cross motion for Summary Judgment filed by Leif Hartmark (fce) (Entered: 09/24/1993)

Sept. 24, 1993

Sept. 24, 1993

PACER
34

MEMORANDUM and Proposed Order by Leif Hartmark in opposition to [22-1] cross motion for Summary Judgment (fce) (Entered: 09/24/1993)

Sept. 24, 1993

Sept. 24, 1993

PACER
37

COURT Scheduling Notice: at Court convenience, Motion Hearing re-set for 10:00 a.m. in Albany NY before Judge McAvoy on 11/8/93 re: [35-1] motion declaring this a class action re: [22-1] cross motion for Summary Judgment, re: [17-1] motion to Dismiss, Response to Motion reset to 10/18/93, Reply to Response to Motion reset to 11/1/93 (pta) (Entered: 09/28/1993)

Sept. 28, 1993

Sept. 28, 1993

PACER
41

AFFIDAVIT by Brian J. O'Donnell for Leif Hartmark Re: [35-1] motion (fce) (Entered: 10/04/1993)

Sept. 28, 1993

Sept. 28, 1993

PACER
42

MEMORANDUM and Proposed Order by Leif Hartmark in opposition to [35-1] motion (fce) (Entered: 10/04/1993)

Sept. 28, 1993

Sept. 28, 1993

PACER
38

MEMORANDUM and Proposed Order by Oneonta, NY, Oneonta Police Dept., John J. Donadio, Joseph Redmond, William M. Davis, X. Olsen, Anonymous Officers, Carl Shedlock in opposition to [35-1] Pltf motion for class certification (pta) (Entered: 09/30/1993)

Sept. 30, 1993

Sept. 30, 1993

PACER
39

AFFIDAVIT by James B. Tuttle on behalf of Oneonta, NY, Oneonta Police Dept., John J. Donadio, Joseph Redmond, William M. Davis, X. Olsen, Anonymous Officers, Carl Shedlock Re: [35-1] Pltf motion for Class Certification (pta) (Entered: 09/30/1993)

Sept. 30, 1993

Sept. 30, 1993

PACER
40

Minute entry: 9/29/93 Conf. held w/MJ Hurd in Albany, NY. Counsel consent to MJ Hurd to preside over this action despite DNH's role as President of SUNY at Utica-Rome. Discovery stayed pending decision by Judge McAvoy on pending motions ret. 11/8/93. AAG Roberts to submit ltr in response to pltfs' ltr regarding discovery disputes by 10/4/93. Oral argument to be held on 10/8/93 at 9:30 a.m. in Utica, NY. Deft City of Oneonta P.D. to submit personnel files to DNH for in camera review to determine if same should be disclosed to pltfs. Parties to advise DNH after decision by Judge McAvoy of their respective positions regarding desired discovery. Detailed discovery order to be issued thereafter by DNH. App. Scott Fein & D. Scott Bassinson for pltf, Brian O'Donnell for deft Hartmark, James Tuttle for deft Oneonta P.D., Robert Jones & David Roberts for deft NYS Police, Ricvhard McVinney for deft Edmonson Court Reporter/ECRO: None (cmr) (Entered: 10/03/1993)

Oct. 1, 1993

Oct. 1, 1993

PACER
43

Minute entry: 10/8/93 Motion Cal. Utica, NY. NYS Defts' Motion for Protective Order--DECISION RESERVED. DNH to issue ruling after Judge McAvoy decides pending dispositive motions. NYS Defts to file cross-motion for judgment on the pleading returnable before Judge McAvoy. Parties to adivse DNH upon receipt of Judge McAvoy's order. App. David S. Bassinson & Neal LeVine for pltfs, Robert Siegfried for NYS defts Court Reporter/ECRO: Tape (cmr) (Entered: 10/12/1993)

Oct. 8, 1993

Oct. 8, 1993

PACER
44

Minute entry: MOTION CALENDAR HELD 10-12-93 ALBANY NY Appearances: Court Reporter/ECRO: V. Theleman; No Counsel. 1) Deft Hartmark Motion for Dismissal FRCP 12b and/or for S.J. FRCP 56 in favor of deft Hartmark [17-1] 2) Pltf Cross Motion for S.J. [22-1] 3) Pltf Motion for Certifying Class Action [35-1] ADJOURNED UNTIL 11-08-93 IN ALBANY NY (pta) (Entered: 10/18/1993)

Oct. 14, 1993

Oct. 14, 1993

PACER

Deadline updated; Response to Motion reset to 10/25/93 for [35-1] motion, [22-1] cross motion for Summary Judgment, [17-1] motion to Dismiss (pta)

Oct. 18, 1993

Oct. 18, 1993

PACER
45

STATE Defts CROSS MOTION (and Proposed Order) by State Defts for Summary Judgment, Hearing set for 11/8/93, 10:00 a.m. in Albany before Judge McAvoy; Response 11/1/93; Rule 10j Statement; AFFIDAVIT of Merrit Hunt; AFFIDAVIT of Eric Wilson (plp) Modified on 11/23/1993 (Entered: 10/25/1993)

Oct. 25, 1993

Oct. 25, 1993

PACER
46

Defts MEMORANDUM in Opposition to Pltf Motion for Class Certification & in Support of [45-1] Defts Cross-Motions for Judgment on Pleadings and Summary Judgment (plp) (Entered: 10/25/1993)

Oct. 25, 1993

Oct. 25, 1993

PACER
47

Pltfs REPLY to response to Pltf [22-1] cross motion for Summary Judgment (plp) (Entered: 10/25/1993)

Oct. 25, 1993

Oct. 25, 1993

PACER
48

Pltfs AFFIDAVIT of D. Scott Bassinson re: Pltf reply to their Cross-motion for summary judgment (plp) (Entered: 10/25/1993)

Oct. 25, 1993

Oct. 25, 1993

PACER
49

PLTF NOTICE of attorney appearance for Ricky Brown, Jamel Champen, Sheryl Champen, Hopeton Gordon, Jean Cantave, Raishawn Morris, Major Barnett, Charles Battiste, Kevin Allen, Wayne Lewis by Paul C. Rapp (pta) (Entered: 10/29/1993)

Oct. 29, 1993

Oct. 29, 1993

PACER
50

PLTF Atty Rapp Letter dd 10-27-93 requesting adjournment of 11-08-93 Pending Motions to 12-13-93 Motion Day (pta) (Entered: 10/29/1993)

Oct. 29, 1993

Oct. 29, 1993

PACER
51

HARTMARK'S Atty O'Donnell Letter dd 10-27-93 in response to Atty Rapp conversation of 10-27-93 re: adjournment of 11-08-93 Pending Motions (pta) (Entered: 10/29/1993)

Oct. 29, 1993

Oct. 29, 1993

PACER
52

COURT Scheduling Notice:, Motion Hearing set for 10:00 a.m. in Albany NY before Judge McAvoy on 12/13/93 re: [45-1] cross motion for Summary Judgment re: [35-1] motion for certifying class action re: [22-1] cross motion for Summary Judgment re: [17-1] motion to Dismiss, Response to Motion reset to 11/29/93, Reply to Response to Motion reset to 12/6/93 (pta) (Entered: 10/29/1993)

Oct. 29, 1993

Oct. 29, 1993

PACER
53

DEFTS CORRECTED MEMORANDUM by Oneonta, NY, Oneonta Police Dept., John J. Donadio, Joseph Redmond, William M. Davis, X. Olsen, Anonymous Officers, State of New York, SUNY, SUNY at Oneonta, NYS Police, H. Karl Chandler, Robert Farrand, George Clum, Kevin More, John Way, Mark Kimball, Kenneth Grant, Farrago, Anon. State Police, SUCO Public Safety, Merritt Hunt, Tim Jackson, John Edmondson, Leif Hartmark, Eric Wilson, Carl Shedlock, Anonymous Public, Anonymous SUCO in opposition to Pltf Motion for Class Certification and in support of Defts Cross Motion for Judgment on Pleadings and S.J. (pta) (Entered: 11/01/1993)

Nov. 1, 1993

Nov. 1, 1993

PACER
54

RESPONSE of Atty O'Donnell on behalf of Leif Hartmark re: do not intend to oppose or respond to [45-1] cross motion for Summary Judgment, [35-1] motion class certification, [22-1] cross motion for Summary Judgment (pta) (Entered: 11/05/1993)

Nov. 4, 1993

Nov. 4, 1993

PACER
55

DEFTS LETTER RESPONSE dd 11-05-93 by Atty Tuttle on behalf of Oneonta, NY, Oneonta Police Dept., John J. Donadio, Joseph Redmond, William M. Davis, Carl Shedlock re: has filed opposition to Pltf Motion for Class Certification and take no position to discovery motions pending, and neither oppose nor respond to [17-1] Deft Hartmark motion to Dismiss and will bring on own Motion to Dismiss/S.J. w/respect to City of Oneonta Defts (pta) (Entered: 11/08/1993)

Nov. 8, 1993

Nov. 8, 1993

PACER
56

Minute entry: MOTION CALENDAR HELD 11-08-93 ALBANY NY Appearances: Court Reporter/ECRO: S. Ragone; No Counsel. 1) Deft Hartmark Motion for Dismissal [17-1] 2) Pltf Cross Motion for S.J. [22-1] 3) Pltf Motion for C ertifyingClass Action [35-1] 4) Defts Cross Motion for S.J. [45-1] ADJOURNED UNTIL 12-13-93 (pta) (Entered: 11/09/1993)

Nov. 9, 1993

Nov. 9, 1993

PACER
57

PLTF Atty Bassinson Letter dd 11-17-93 confirming waiver of page limit for Pltf Memorandum in response to State Defts Motion, may not exceed 40 pages (pta) (Entered: 11/22/1993)

Nov. 22, 1993

Nov. 22, 1993

PACER
58

PLTFS MEMORANDUM and Proposed Order by Ricky Brown, Jamel Champen, Sheryl Champen, Hopeton Gordon, Jean Cantave, Raishawn Morris, Major Barnett, Charles Battiste, Kevin Allen, Wayne Lewis in opposition to Motion for Judgment on Pleadings and/or for S.J. made by "State Defts" of Abrams, State of NY, SUNY, State University of NY, College at Oneonta "SUCO", SUCO's Dept. of Public Safety, NYS Police, Chandler, Farrand, Clum, More, Way, Farrago, Kimball, Grant, Hunt, Jackson and Wilson (pta) (Entered: 11/23/1993)

Nov. 22, 1993

Nov. 22, 1993

PACER
59

PLTF AFFIDAVIT by Jean Cantave in support of Pltfs Re: [58-1] opposition memorandum to State Defts Motion for Judgment on Pleadings and S.J. (pta) (Entered: 11/23/1993)

Nov. 22, 1993

Nov. 22, 1993

PACER
60

PLTF AFFIDAVIT by Ricky Brown in support of Pltf Re: [58-1] opposition memorandum to State Defts Motion for Judgment on Pleadings and or S.J. (pta) (Entered: 11/23/1993)

Nov. 22, 1993

Nov. 22, 1993

PACER
61

PLTF AFFIDAVIT by Jamel Champen in support of Pltf Re: [58-1] opposition memorandum to State Defts Motion for Judgment on Pleadings and or S.J. (pta) (Entered: 11/23/1993)

Nov. 22, 1993

Nov. 22, 1993

PACER
62

PLTF AFFIDAVIT by Raishawn Morris in support of Pltf Re: [58-1] opposition memorandum to State Defts Motion for Judgment on Pleadings and/or S.J. (pta) (Entered: 11/23/1993)

Nov. 22, 1993

Nov. 22, 1993

PACER
63

PLTF AFFIDAVIT by Sheryl Champen in support of Pltf Re: [58-1] opposition memorandum to State Defts Motion for Judgment on Pleadings and/or S.J. (pta) (Entered: 11/23/1993)

Nov. 22, 1993

Nov. 22, 1993

PACER
64

PLTFS Rule 10J Statement in Support of filed by Ricky Brown, Jamel Champen, Sheryl Champen, Hopeton Gordon, Jean Cantave, Raishawn Morris, Major Barnett, Charles Battiste, Kevin Allen, Wayne Lewis (pta) (Entered: 11/23/1993)

Nov. 22, 1993

Nov. 22, 1993

PACER
65

PLTFS AFFIDAVIT by D. Scott Bassinson, Esq. on behalf of Ricky Brown, Jamel Champen, Sheryl Champen, Hopeton Gordon, Jean Cantave, Raishawn Morris, Major Barnett, Charles Battiste, Kevin Allen, Wayne Lewis in support of Pltfs Re: [58-1] opposition memorandum to State Defts Motion for Judgment on Pleadings and/or S.J.; Exhibits A to F (pta) (Entered: 11/23/1993)

Nov. 22, 1993

Nov. 22, 1993

PACER
66

CITY OF ONEONTA DEFTS NOTICE of 12(b) & 56(a) Motions by Oneonta, NY, Oneonta Police Dept., John J. Donadio, Joseph Redmond, William M. Davis, X. Olsen, Anonymous Officers, Carl Shedlock (pta) (Entered: 11/23/1993)

Nov. 22, 1993

Nov. 22, 1993

PACER
67

CITY OF ONEONTA DEFTS MOTION by Oneonta, NY, Oneonta Police Dept., John J. Donadio, Joseph Redmond, William M. Davis, X. Olsen, Anonymous Officers, Carl Shedlock by City of Oneonta Defts to Dismiss FRCP 12(b), and/or by City of Oneonta Defts for Summary Judgment FRCP 56(a), Hearing set for 10:00 a.m. in Albany NY on 12/13/93, Response Deadline 11/29/93, Reply to Response Deadline 12/6/93 Motion returnable before Judge/Mag. Judge: McAvoy (pta) (Entered: 11/23/1993)

Nov. 22, 1993

Nov. 22, 1993

PACER
68

DEFT AFFIDAVIT by Carl Shedlock in support Re: [67-1] motion by City of Oneonta Defts to Dismiss FRCP 12(b), [67-2] motion by City of Oneonta Defts for Summary Judgment FRCP 56(a) (pta) (Entered: 11/23/1993)

Nov. 22, 1993

Nov. 22, 1993

PACER
69

DEFT AFFIDAVIT by John J. Donadio in support Re: [67-1] motion by City of Oneonta Defts to Dismiss FRCP 12(b), [67-2] motion by City of Oneonta Defts for Summary Judgment FRCP 56(a) (pta) (Entered: 11/23/1993)

Nov. 22, 1993

Nov. 22, 1993

PACER
70

DEFT AFFIDAVIT by Kenneth Olsen (X. Olsen) in support of Re: [67-1] motion by City of Oneonta Defts to Dismiss FRCP 12(b), [67-2] motion by City of Oneonta Defts for Summary Judgment FRCP 56(a) (pta) (Entered: 11/23/1993)

Nov. 22, 1993

Nov. 22, 1993

PACER
71

DEFT AFFIDAVIT by Joseph Redmond in support Re: [67-1] motion by City of Oneonta Defts to Dismiss FRCP 12(b), [67-2] motion by City of Oneonta Defts for Summary Judgment FRCP 56(a) (pta) (Entered: 11/23/1993)

Nov. 22, 1993

Nov. 22, 1993

PACER
72

CITY OF ONEONTA DEFTS Rule 10J Statement in Support of [67-1] motion by City of Oneonta Defts to Dismiss FRCP 12(b), [67-2] motion by City of Oneonta Defts for Summary Judgment FRCP 56(a) filed by Oneonta, NY, Oneonta Police Dept., John J. Donadio, Joseph Redmond, William M. Davis, X. Olsen, Anonymous Officers, Carl Shedlock (pta) (Entered: 11/23/1993)

Nov. 22, 1993

Nov. 22, 1993

PACER
73

DEFTS MEMORANDUM by Oneonta, NY, Oneonta Police Dept., John J. Donadio, Joseph Redmond, William M. Davis, X. Olsen, Anonymous Officers, Carl Shedlock in support of [67-1] motion by City of Oneonta Defts to Dismiss FRCP 12(b), [67-2] motion by City of Oneonta Defts for Summary Judgment FRCP 56(a) ; Exhibits A & B w/PROPOSED ORDER (pta) (Entered: 11/23/1993)

Nov. 22, 1993

Nov. 22, 1993

PACER
74

MEMORANDUM and Proposed Order by Ricky Brown, Jamel Champen, Sheryl Champen, Hopeton Gordon, Jean Cantave, Raishawn Morris, Major Barnett, Charles Battiste, Kevin Allen, Wayne Lewis in opposition to [67-1] motion by City of Oneonta Defts to Dismiss FRCP 12(b), [67-2] motion by City of Oneonta Defts for Summary Judgment FRCP 56(a) (pta) (Entered: 11/29/1993)

Nov. 29, 1993

Nov. 29, 1993

PACER
75

PLTFS AFFIDAVIT by D. Scott Bassinson, Esq. on behalf of Ricky Brown, Jamel Champen, Sheryl Champen, Hopeton Gordon, Jean Cantave, Raishawn Morris, Major Barnett, Charles Battiste, Kevin Allen, Wayne Lewis Re: [67-1] motion by City of Oneonta Defts to Dismiss FRCP 12(b), [67-2] motion by City of Oneonta Defts for Summary Judgment FRCP 56(a); Exhibits A-B (pta) (Entered: 11/29/1993)

Nov. 29, 1993

Nov. 29, 1993

PACER
76

PLTFS Rule 10J Statement in Support of [67-1] motion by City of Oneonta Defts to Dismiss FRCP 12(b), [67-2] motion by City of Oneonta Defts for Summary Judgment FRCP 56(a) filed by Ricky Brown, Jamel Champen, Sheryl Champen, Hopeton Gordon, Jean Cantave, Raishawn Morris, Major Barnett, Charles Battiste, Kevin Allen, Wayne Lewis (pta) (Entered: 11/29/1993)

Nov. 29, 1993

Nov. 29, 1993

PACER
77

AFFIDAVIT of Service by mail on 11-29-93 on behalf of Pltfs Ricky Brown, Jamel Champen, Sheryl Champen, Hopeton Gordon, Jean Cantave, Raishawn Morris, Major Barnett, Charles Battiste, Kevin Allen, Wayne Lewis Re: [76-1], [75-1] affidavit, [74-1] opposition memorandum (pta) (Entered: 12/01/1993)

Dec. 1, 1993

Dec. 1, 1993

PACER
78

AFFIDAVIT of Service by mail on 11-23-93 on behalf of Oneonta, NY, Oneonta Police Dept., John J. Donadio, Joseph Redmond, William M. Davis, X. Olsen, Anonymous Officers, Carl Shedlock, Anonymous SUCO with documents Re: [67-1] motion by City of Oneonta Defts to Dismiss FRCP 12(b), [67-2] motion by City of Oneonta Defts for Summary Judgment FRCP 56(a) (pta) (Entered: 12/02/1993)

Dec. 2, 1993

Dec. 2, 1993

PACER
79

REPLY MEMORANDUM OF LAW by State of New York, SUNY, SUNY at Oneonta, NYS Police, H. Karl Chandler, Robert Farrand, George Clum, More, John Way, Mark Kimball, Kenneth Grant, Farrago, Anon. State Police, SUCO Public Safety, Merritt Hunt, Tim John Edmondson, Leif Hartmark, Eric Wilson, Anonymous Public, Anonymous SUCO to response to (pta) (Entered: 12/03/1993)

Dec. 3, 1993

Dec. 3, 1993

PACER

Motion hearing re: [67-1] motion by City of Oneonta Defts to Dismiss FRCP 12(b), [67-2] motion by City of Oneonta Defts for Summary Judgment FRCP 56(a) Motion hearing held, [45-1] cross motion by State Defts for Summary Judgment Motion hearing held, [35-1] motion Motion hearing held, [22-1] cross motion for Summary Judgment Motion hearing held, [17-1] motion to Dismiss Motion hearing held (pta)

Dec. 13, 1993

Dec. 13, 1993

PACER
80

MOTION CALENDAR Held 12-13-93 Albany NY Minute entry: granting in part, denying in part [67-1] motion by City of Oneonta Defts to Dismiss FRCP 12(b) - on the 7, 10-14, 20-23 causes of action under Sec. 1985(3) stands only insofar as it relates to an alleged conspiracy involving the creation, approval and release of the list of black SUCO students; sames as to the 16th cause of action under Sec. 1986; and granting in part, denying in part [67-2] motion by City of Oneonta Defts for Summary Judgment FRCP 56(a); and granting in part, denying in part [45-1] cross motion by State Defts Summary Judgment; and granting in part as to Class 1, denying in part as to Class 2 [35-1] motion; and granting [22-1] cross motion for Summary Judgment; and granting in part, denying in part [17-1] motion to Dismiss Appearances: Court Reporter/ECRO: T. Berical; K. Kelly/LC; David Scott Bassinson, Jonathan Nye & Paul Rapp for Pltfs; James B. Tuttle for Defts Oneonta, Oneonta Police, Conadio, Redmond, Davis, Olsen, Anon Ofcrs, Shedlock; Robert A. Siegfried AAG for Defts State of NY, SUNY, SUNY Oneonta, NYS Police, Chandler, Farrand, Clum, More, Way, Kimball, Grant, Farrago, SUCO Public Safety, Hunt, Jackson, Wilson; Brian J. O'Donnell for Deft Hartmark. (pta) (Entered: 12/16/1993)

Dec. 14, 1993

Dec. 14, 1993

PACER
81

TRANSCRIPT filed of proceedings before Judge McAvoy for dates of 12/13/93 (fce) (Entered: 12/16/1993)

Dec. 15, 1993

Dec. 15, 1993

PACER
82

MOTION by D. Scott Bassinson on behalf of Pltfs Ricky Brown, Jamel Champen, Sheryl Champen, Hopeton Gordon, Jean Cantave, Raishawn Morris, Major Barnett, Charles Battiste, Kevin Allen, Wayne Lewis by Pltfs for Leave to File Amend Complaint, Hearing set for 10:00 a.m. in Utica NY on 3/10/94, Response Deadline 2/24/94, Reply to Response Deadline 3/7/94 Motion returnable before Mag. Judge: Hurd [changed from Judge McAvoy on 2-14-94 to Mag Hurd due to non dispositive motion] (pta) (Entered: 01/25/1994)

Jan. 24, 1994

Jan. 24, 1994

PACER
83

AFFIDAVIT by D. Scott Bassinson on behalf of Pltfs Ricky Brown, Jamel Champen, Sheryl Champen, Hopeton Gordon, Jean Cantave, Raishawn Morris, Major Barnett, Charles Battiste, Kevin Allen, Wayne Lewis; Exhibits A to C (2nd Amended Complaint); Re: [82-1] motion by Pltfs for Leave to File Amend Complaint (pta) (Entered: 01/25/1994)

Jan. 24, 1994

Jan. 24, 1994

PACER
84

MEMORANDUM by Ricky Brown, Jamel Champen, Sheryl Champen, Hopeton Gordon, Jean Cantave, Raishawn Morris, Major Barnett, Charles Battiste, Kevin Allen, Wayne Lewis in support of [82-1] motion by Pltfs for Leave to File Amend Complaint w/PROPOSED ORDER (pta) (Entered: 01/25/1994)

Jan. 24, 1994

Jan. 24, 1994

PACER
85

COURT NOTICE of placing Pltfs Motion for Leave to Amend Complaint scheduled before Judge McAvoy on 2-14-94 to Mag Judge Hurd on 3-10-94 at 10:00 a.m. in Utica NY, due to non dispositive motion (pta) (Entered: 01/25/1994)

Jan. 24, 1994

Jan. 24, 1994

PACER
86

ATTY BASSINSON Letter dd 1-25-94 w/PROPOSED ORDER for 12-13-93 Motion Decision (pta) (Entered: 01/26/1994)

Jan. 26, 1994

Jan. 26, 1994

PACER
87

CERTIFICATE OF SERVICE (plp) (Entered: 01/27/1994)

Jan. 27, 1994

Jan. 27, 1994

PACER
88

ORDER, that Pltf Motion for Class Certification as to Class I is granted and denied as to Class II ; Deft Hartmark Motion is denied w/respect to his claim of 11th Amendment immunity; Defts Hartmark, Wilson and Hunt Motions for qualified immunity are denied; as-yet-to-be-identified SUCO computer employee Defts are not entitled to qualified immunity, but granted leave to revisit the immunity issue; Deft Hartmark Motion to dismiss Pltfs claims under FERPA is denied; Deft Hartmark Motion for S.J. w/respect to FERPA claims is denied; Pltf Cross Motion for partial S.J. against Deft Hartmark on 8th cause FERPA claim is denied; Oneonta and State Police Defts Motion for S.J. w/respect to 8th cause FERPA claim is granted; Defts Motion to dismiss 9th cause conspiracy to violate FERPA 12USC 1983 are denied; Motions for S.J. by Defts Redmond and Olsen are granted in their entirety, and Amended Complaint is dismissed against them; portions of 7th, 10th & 11th causes claiming violations of 4th Amendment are dismissed w/respect to all Pltfs not submitting affidavits; S.J. is granted to Defts on 7th, 10th & 11th causes w/respect to 4th Amendment based on claims of Pltfs Cantave, Brown, J. Champen, Morris and S. Champen and are dismissed w/leave to replead; S.J. is granted to City of Oneonta w/respect to 4th Amendment claims underlying the 13th & 14th causes; Defts Motion for S.J. w/respect to 18th & 19th causes are denied; Defts Motions for S.J. w/respect to 12th cuase are granted; Deft Hartmark Motion to dismiss 15th cause is denied; Pltf 15th cause is dismissed only to the extent that it relies upon violations of 4th & 14th Amendments and the NYS Constitution; Defts Motion to dismiss the 16th cause are granted only to extent that cause relies upon violations of 4th & 14th Amendments and NYS Constitution; Defts Motion to dismiss the 17th cause are denied; Defts Motions to dismiss the 1st, 2nd, 3rd, 4th, 5th & 6th causes are denied; Defts Motion for S.J. w/respect to 1st, 2nd, 3rd, 4th, 5th & 6th causes are denied; Defts Motions for S.J. w/respect to 20th are granted; Defts Motion to dismiss 21st cause are denied; Defts Motions for S.J. w/respect to 21st cause are granted; Defts Motions for S.J. w/respect to 22nd cause are granted; and that Defts Motion w/respect to 23rd cause are granted. (dd 1-29-94 signed by Chief Judge Thomas J. McAvoy ) (pta) (Entered: 01/31/1994)

Jan. 31, 1994

Jan. 31, 1994

PACER
89

AAG SIEGFRIED Letter dd 1-28-94 on behalf of Certain Defts in opposition to Pltfs Proposed Order and Request a week to submit alternative order [Order issued 1-21-94 - forward to Chambers] (pta) (Entered: 01/31/1994)

Jan. 31, 1994

Jan. 31, 1994

PACER
90

ATTY O'CONNELL Letter dd 2-01-94 to request until 2-07-94 for him to respond to Pltfs proposed order submitted [Judge has issued Order 1-31-94 - forward to Chambers] (pta) (Entered: 02/03/1994)

Feb. 3, 1994

Feb. 3, 1994

PACER
91

AAG SIEGFRIED Letter Request for Conference re: clarification of Court's Order of 1-29-94 and remaining issues (pta) (Entered: 02/04/1994)

Feb. 4, 1994

Feb. 4, 1994

PACER
92

PLTF RESPONSE Letter dd 2-04-94 on behalf of Ricky Brown, Jamel Champen, Sheryl Champen, Hopeton Gordon, Jean Cantave, Raishawn Morris, Major Barnett, Charles Battiste, Kevin Allen, Wayne Lewis re: in response to correspondence of Atty Siegfried, Tuttle and O'Donnell and in opposition to any Conference [91-1] remark (pta) (Entered: 02/07/1994)

Feb. 7, 1994

Feb. 7, 1994

PACER

Case Details

State / Territory: New York

Case Type(s):

Policing

Key Dates

Filing Date: March 16, 1993

Closing Date: Feb. 14, 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A class of Black students at The State University of New York at Oneonta who were stopped during a systematic search by state, local, and university law enforcement officials.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Oneonta (Otsego), City

State of New York, State

The State University of New York at Oneonta (Otsego), None

Otsego County Sheriff's Office (Otsego), County

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

College/University

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1981

State law

42 U.S.C. § 1985

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Unreasonable search and seizure

Equal Protection

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General/Misc.:

Racial profiling

Discrimination Area:

Disparate Treatment

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

Policing:

Traffic Stops