Case: Worcester Interfaith, Inc. v. City of Worcester

4:21-cv-40015 | U.S. District Court for the District of Massachusetts

Filed Date: Feb. 8, 2021

Closed Date: Oct. 26, 2021

Clearinghouse coding complete

Case Summary

This lawsuit is about a city-level, at-large plurality electoral system for the school committee elections and whether it dilutes the votes of communities of color who comprise a majority of electors. On February 8, 2021, plaintiffs, which include residents of color in Worcester, MA and city organizations consisting of people of color, filed this lawsuit against the City of Worcester, Massachusetts, along with the City Manager, City Clerk, Mayor, Worcester School Committee, Board of Election Co…

This lawsuit is about a city-level, at-large plurality electoral system for the school committee elections and whether it dilutes the votes of communities of color who comprise a majority of electors.

On February 8, 2021, plaintiffs, which include residents of color in Worcester, MA and city organizations consisting of people of color, filed this lawsuit against the City of Worcester, Massachusetts, along with the City Manager, City Clerk, Mayor, Worcester School Committee, Board of Election Commissioners, and City Councilors. Plaintiffs filed suit in the U.S. District Court for the District of Massachusetts.  The Plaintiffs sought declaratory judgment and injunctive relief under the Voting Rights Act (52 U.S.C. § 10301). Plaintiffs were represented by private council and the Lawyers’ Committee for Civil Rights and Economic Justice. Plaintiffs argued primarily that the Worcester school district’s School Committee elections dilute the votes of Hispanic/Latino/a and Black residents in the city and accordingly denies these “residents an equal opportunity to participate in the political process” in violation of the Voting Rights Act. A majority of students and residents in the district are people of color, but in the preceding six School Committee elections, a candidate of color won only one of 36 total open seats. Judge Timothy S. Hillman presided over this case.

On October 14, 2021, the parties submitted a Join Motion for Entry of Consent Decree which Judge Hillman entered on October 26, 2024. In the Consent Decree, defendants did not concede that a violation of the Voting Rights Act occurred but agreed to “change the electoral system in Worcester.”  Via the Consent Decree, the parties agreed that the electoral system would be changed to either a “single-member district-based system” or one of two hybrid systems “that combines single-member district-based seats with at-large seats.” 

The case is now closed.

Summary Authors

Madeline Mischler (12/26/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59234512/parties/worcester-interfaith-inc-v-city-of-worcester-massachusetts/


Judge(s)

Hillman, Timothy Spafard (Massachusetts)

Attorney for Plaintiff

Alosco, Brian (Massachusetts)

Lecaroz, Rebecca MacDowell (Massachusetts)

Attorney for Defendant

Gould, Kevin M. (Massachusetts)

Quinn, Wendy L. (Massachusetts)

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Documents in the Clearinghouse

Document
1

4:21-cv-40015

Complaint for injunctive and Declaratory Relief

Worcester Interfaith v. City of Worcester

Feb. 8, 2021

Feb. 8, 2021

Complaint
54

4:21-cv-40015

Consent Decree

Worcester Interfaith v. City of Worcester

Oct. 26, 2021

Oct. 26, 2021

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59234512/worcester-interfaith-inc-v-city-of-worcester-massachusetts/

Last updated Jan. 31, 2025, 6:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants Filing fee: $ 402, receipt number 0101-8625664 (Fee Status: Filing Fee paid), filed by Cassandra Bensahih, James Berry, Maritza Cruz, Holli Hill, Jessenia Kolaco, Nelly Medina, National Association for the Advancement of Colored People, Inc., Worcester Branch, Ruth Rodriguez-Fay, Delia Vega, Worcester Interfaith, Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Category Form)(Lecaroz, Rebecca) (Entered: 02/08/2021)

1 Civil Cover Sheet

View on PACER

2 Exhibit Category Form

View on RECAP

Feb. 8, 2021

Feb. 8, 2021

Clearinghouse
2

CORPORATE DISCLOSURE STATEMENT by National Association for the Advancement of Colored People, Inc., Worcester Branch. (Lecaroz, Rebecca) (Entered: 02/08/2021)

Feb. 8, 2021

Feb. 8, 2021

PACER
3

CORPORATE DISCLOSURE STATEMENT by Worcester Interfaith, Inc.. (Lecaroz, Rebecca) (Entered: 02/08/2021)

Feb. 8, 2021

Feb. 8, 2021

PACER
4

NOTICE of Appearance by Rebecca MacDowell Lecaroz on behalf of Cassandra Bensahih, James Berry, Maritza Cruz, Holli Hill, Jessenia Kolaco, Nelly Medina, National Association for the Advancement of Colored People, Inc., Worcester Branch, Ruth Rodriguez-Fay, Delia Vega, Worcester Interfaith, Inc. (Lecaroz, Rebecca) (Entered: 02/08/2021)

Feb. 8, 2021

Feb. 8, 2021

PACER
5

NOTICE of Appearance by Brian Alosco on behalf of Cassandra Bensahih, James Berry, Maritza Cruz, Holli Hill, Jessenia Kolaco, Nelly Medina, National Association for the Advancement of Colored People, Inc., Worcester Branch, Ruth Rodriguez-Fay, Delia Vega, Worcester Interfaith, Inc. (Alosco, Brian) (Entered: 02/08/2021)

Feb. 8, 2021

Feb. 8, 2021

PACER
6

Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Jones, Sherry) (Entered: 02/08/2021)

Feb. 8, 2021

Feb. 8, 2021

PACER
7

ELECTRONIC NOTICE of Case Assignment. District Judge Timothy S. Hillman assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge David H. Hennessy. (Jones, Sherry) (Entered: 02/08/2021)

Feb. 8, 2021

Feb. 8, 2021

PACER

Notice of Case Assignment

Feb. 8, 2021

Feb. 8, 2021

PACER
8

SUMMONS Returned Executed City of Worcester, Massachusetts served on 2/9/2021, answer due 3/2/2021. (Lecaroz, Rebecca) (Additional attachment(s) added on 2/17/2021: # 1 additional returns City of Worcester) (Burgos, Sandra). (Entered: 02/11/2021)

Feb. 11, 2021

Feb. 11, 2021

PACER
9

SUMMONS Returned Executed Worcester School Committee served on 2/9/2021, answer due 3/2/2021. (Lecaroz, Rebecca) (Entered: 02/11/2021)

Feb. 11, 2021

Feb. 11, 2021

PACER
10

SUMMONS Returned Executed Worcester Board of Election Commissioners served on 2/9/2021, answer due 3/2/2021. (Lecaroz, Rebecca) (Entered: 02/11/2021)

Feb. 11, 2021

Feb. 11, 2021

PACER
11

SUMMONS Returned Executed Worcester City Council served on 2/9/2021, answer due 3/2/2021. (Lecaroz, Rebecca) (Entered: 02/11/2021)

Feb. 11, 2021

Feb. 11, 2021

PACER
12

NOTICE of Appearance by Oren M. Sellstrom on behalf of Cassandra Bensahih, James Berry, Maritza Cruz, Holli Hill, Jessenia Kolaco, Nelly Medina, National Association for the Advancement of Colored People, Inc., Worcester Branch, Ruth Rodriguez-Fay, Delia Vega, Worcester Interfaith, Inc. (Sellstrom, Oren) (Entered: 02/26/2021)

Feb. 26, 2021

Feb. 26, 2021

PACER
13

ANSWER to 1 Complaint, with Jury Demand by City of Worcester, Massachusetts, Worcester Board of Election Commissioners, Worcester City Council, Worcester School Committee.(Quinn, Wendy) (Entered: 03/02/2021)

March 2, 2021

March 2, 2021

PACER
14

ELECTRONIC NOTICE of Hearing. Telephone Conference set for 3/17/2021 at 3:00 PM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman. (Castles, Martin) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

PACER
15

NOTICE of Appearance by Kevin M. Gould on behalf of City of Worcester, Massachusetts, Worcester Board of Election Commissioners, Worcester City Council, Worcester School Committee (Gould, Kevin) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

PACER
16

ELECTRONIC NOTICE OF RESCHEDULING. Telephone Conference reset for 3/18/2021 at 3:00 PM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman. (Castles, Martin) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

PACER

Notice of Hearing

March 8, 2021

March 8, 2021

PACER

Notice of Rescheduling

March 8, 2021

March 8, 2021

PACER
17

NOTICE of Appearance by Michael E. Traynor on behalf of City of Worcester, Massachusetts, Worcester Board of Election Commissioners, Worcester City Council, Worcester School Committee (Traynor, Michael) (Entered: 03/09/2021)

March 9, 2021

March 9, 2021

PACER
18

Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Telephone Conference held on 3/18/2021, Case called, Counsel appear by telephone for status conference, Court inquires whether parties agree to an early referral to mediation, Parties request additional time to consult clients, Court sets a further telephone status conference, ( Telephone Conference set for 4/7/2021 at 2:15 PM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman). (Court Reporter: Alice Moran alice.moran@verizon.net)(Attorneys present: Lecaroz,Alosco,Sellstrom/Quinn,Gould,Traynor) (Castles, Martin) (Entered: 03/18/2021)

March 18, 2021

March 18, 2021

PACER

Telephone Conference

March 18, 2021

March 18, 2021

PACER
19

SUMMONS Returned Executed Edward M. Augustus, Jr served on 3/31/2021, answer due 4/21/2021. (Alosco, Brian) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER
20

SUMMONS Returned Executed Morris A. Bergman served on 3/31/2021, answer due 4/21/2021. (Alosco, Brian) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER
21

SUMMONS Returned Executed Dianna L. Biancheria served on 3/13/21, answer due 4/21/21. (Alosco, Brian) Modified on 4/5/2021 (Jones, Sherry). (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER
22

SUMMONS Returned Executed Laura Clancey served on 3/31/2021, answer due 4/21/2021. (Alosco, Brian) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER
23

SUMMONS Returned Executed Donna M. Colorio served on 3/31/2021, answer due 4/21/2021. (Alosco, Brian) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER
24

SUMMONS Returned Executed Richard Duffy served on 3/31/2021, answer due 4/21/2021. (Alosco, Brian) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER
25

SUMMONS Returned Executed John L. Foley served on 3/31/2021, answer due 4/21/2021. (Alosco, Brian) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER
26

SUMMONS Returned Executed Khrystian E. King served on 3/31/2021, answer due 4/21/2021. (Alosco, Brian) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER
27

SUMMONS Returned Executed John F. Monfredo served on 3/31/2021, answer due 4/21/2021. (Alosco, Brian) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER
28

SUMMONS Returned Executed Danaah McCallum served on 3/31/2021, answer due 4/21/2021. (Alosco, Brian) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER
29

SUMMONS Returned Executed Molly O. McCullough served on 3/31/2021, answer due 4/21/2021. (Alosco, Brian) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER
30

SUMMONS Returned Executed Candy Mero-Carlson served on 3/31/2021, answer due 4/21/2021. (Alosco, Brian) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER
31

SUMMONS Returned Executed Tracy O'Connell Novick served on 3/31/2021, answer due 4/21/2021. (Alosco, Brian) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER
32

SUMMONS Returned Executed Winifred Octave served on 3/31/2021, answer due 4/21/2021. (Alosco, Brian) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER
33

SUMMONS Returned Executed Joseph M. Petty served on 3/31/2021, answer due 4/21/2021. (Alosco, Brian) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER
34

SUMMONS Returned Executed Sarai Rivera served on 3/31/2021, answer due 4/21/2021. (Alosco, Brian) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER
35

SUMMONS Returned Executed Sean M. Rose served on 3/31/2021, answer due 4/21/2021. (Alosco, Brian) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER
36

SUMMONS Returned Executed Gary Rosen served on 3/31/2021, answer due 4/21/2021. (Alosco, Brian) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER
37

SUMMONS Returned Executed George J. Russell served on 3/31/2021, answer due 4/21/2021. (Alosco, Brian) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER
38

SUMMONS Returned Executed John Stewart served on 3/31/2021, answer due 4/21/2021. (Alosco, Brian) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER
39

SUMMONS Returned Executed Kathleen M. Toomey served on 3/31/2021, answer due 4/21/2021. (Alosco, Brian) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER
40

SUMMONS Returned Executed Kimberly Vanderspek served on 3/31/2021, answer due 4/21/2021. (Alosco, Brian) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER
41

SUMMONS Returned Executed Nikolin Vangjeli served on 3/31/2021, answer due 4/21/2021. (Alosco, Brian) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER
42

SUMMONS Returned Executed Matthew E. Wally served on 3/31/2021, answer due 4/21/2021. (Alosco, Brian) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER
43

Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Telephone Conference held on 4/7/2021, Case called, Counsel appear by telephone for status conference, Parties report they are working towards resolving the matter and do not believe a referral to mediation is needed at this point, The Court orders the parties to confer and file a joint statement pursuant to Rule 16 within 10 days, The Court will adopt the dates and issue a scheduling order, (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Lecaroz,Alosco,Sellstrom/Quinn,Gould,Traynor) (Castles, Martin) Modified on 10/14/2021 (Castles, Martin). (Entered: 04/07/2021)

April 7, 2021

April 7, 2021

PACER

Telephone Conference

April 7, 2021

April 7, 2021

PACER
44

ANSWER to 1 Complaint, with Jury Demand by Edward M. Augustus, Jr, Morris A. Bergman, Dianna L. Biancheria, Laura Clancey, Donna M. Colorio, Richard Duffy, John L. Foley, Khrystian E. King, Danaah McCallum, Molly O. McCullough, Candy Mero-Carlson, John F. Monfredo, Tracy O'Connell Novick, Winifred Octave, Joseph M. Petty, Sarai Rivera, Sean M. Rose, Gary Rosen, George J. Russell, John Stewart, Kathleen M. Toomey, Kimberly Vanderspek, Nikolin Vangjeli, Matthew E. Wally.(Quinn, Wendy) (Entered: 04/16/2021)

April 16, 2021

April 16, 2021

PACER
45

NOTICE of Appearance by Kevin M. Gould on behalf of Edward M. Augustus, Jr, Morris A. Bergman, Dianna L. Biancheria, Laura Clancey, Donna M. Colorio, Richard Duffy, John L. Foley, Khrystian E. King, Danaah McCallum, Molly O. McCullough, Candy Mero-Carlson, John F. Monfredo, Tracy O'Connell Novick, Winifred Octave, Joseph M. Petty, Sarai Rivera, Sean M. Rose, Gary Rosen, George J. Russell, John Stewart, Kathleen M. Toomey, Kimberly Vanderspek, Nikolin Vangjeli, Matthew E. Wally (Gould, Kevin) (Entered: 04/16/2021)

April 16, 2021

April 16, 2021

PACER
46

NOTICE of Appearance by Michael E. Traynor on behalf of Edward M. Augustus, Jr, Morris A. Bergman, Dianna L. Biancheria, Laura Clancey, Donna M. Colorio, Richard Duffy, John L. Foley, Khrystian E. King, Danaah McCallum, Molly O. McCullough, Candy Mero-Carlson, John F. Monfredo, Tracy O'Connell Novick, Winifred Octave, Joseph M. Petty, Sarai Rivera, Sean M. Rose, Gary Rosen, George J. Russell, John Stewart, Kathleen M. Toomey, Kimberly Vanderspek, Nikolin Vangjeli, Matthew E. Wally (Traynor, Michael) (Entered: 04/16/2021)

April 16, 2021

April 16, 2021

PACER
47

JOINT STATEMENT re scheduling conference . (Alosco, Brian) (Entered: 04/19/2021)

April 19, 2021

April 19, 2021

PACER
48

District Judge Timothy S. Hillman: ORDER entered. SCHEDULING ORDER: Status Conference set for 12/20/2021 02:15 PM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman. Amended Pleadings due by 8/31/2021. Discovery to be completed by 1/31/2022 Motions due by 6/30/2022(Castles, Martin) (Entered: 05/11/2021)

May 11, 2021

May 11, 2021

PACER
49

NOTICE of Withdrawal of Appearance by Kevin M. Gould (Gould, Kevin) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER
50

Joint MOTION to Approve Consent Judgment by Cassandra Bensahih, James Berry, Maritza Cruz, Holli Hill, Jessenia Kolaco, Nelly Medina, National Association for the Advancement of Colored People, Inc., Worcester Branch, Ruth Rodriguez-Fay, Delia Vega, Worcester Interfaith, Inc.. (Attachments: # 1 Exhibit A - Consent Decree)(Alosco, Brian) (Entered: 10/14/2021)

1 Exhibit A - Consent Decree

View on PACER

Oct. 14, 2021

Oct. 14, 2021

RECAP
51

ELECTRONIC NOTICE Setting Hearing on Motion 50 Joint MOTION to Approve Consent Judgment : Motion Hearing set for 10/26/2021 at 3:00 PM in Courtroom 2 - Worcester (Remote only) before District Judge Timothy S. Hillman. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.(Castles, Martin) (Entered: 10/18/2021)

Oct. 18, 2021

Oct. 18, 2021

PACER

Notice Setting or Resetting Hearing on Motion

Oct. 18, 2021

Oct. 18, 2021

PACER
52

MEMORANDUM in Support re 50 Joint MOTION to Approve Consent Judgment filed by Cassandra Bensahih, James Berry, Maritza Cruz, Holli Hill, Jessenia Kolaco, Nelly Medina, National Association for the Advancement of Colored People, Inc., Worcester Branch, Ruth Rodriguez-Fay, Delia Vega, Worcester Interfaith, Inc.. (Lecaroz, Rebecca) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

RECAP
53

Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Motion Hearing held on 10/26/2021 re 50 Joint MOTION to Approve Consent Judgment filed by Nelly Medina, Delia Vega, James Berry, Holli Hill, Cassandra Bensahih, Ruth Rodriguez-Fay, National Association for the Advancement of Colored People, Inc., Worcester Branch, Jessenia Kolaco, Maritza Cruz, Worcester Interfaith, Inc., Case called, Counsel appear by video-conference for motion hearing, Court hears arguments of counsel, Court rules granting 50 Motion to Approve Consent Judgment; Consent Decree to issue, (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Sellstrom,Alosco/Traynor,Quinn) (Castles, Martin) (Entered: 10/26/2021)

Oct. 26, 2021

Oct. 26, 2021

PACER
54

District Judge Timothy S. Hillman: ORDER entered. CONSENT JUDGMENT. (Castles, Martin) (Entered: 10/26/2021)

Oct. 26, 2021

Oct. 26, 2021

RECAP

Motion Hearing AND Order on Motion to Approve Consent Judgment

Oct. 26, 2021

Oct. 26, 2021

PACER

Case Details

State / Territory: Massachusetts

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Feb. 8, 2021

Closing Date: Oct. 26, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Community members of color of Worcester, Massachusetts and the NAACP

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Worcester (Worcester), City

Edward M. Augustus, Jr., City Manager, City

Nikolin Vangjeli, City Clerk (Worcester), City

Worcester School Committee (Worcester), City

Joseph M. Petty, Mayor; City Counselor; Chairman (Worcester), City

Dianna L. Biancheria (Worcester), City

Laura Clancey (Worcester), City

John L. Foley (Worcester), City

Molly O. McCullough (Worcester), City

John F. Monfredo (Worcester), City

Tracy O’Connell Novick (Worcester), City

Facility Type(s):

Government-run

Case Details

Causes of Action:

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

Constitutional Clause(s):

Equal Protection

Fifteenth Amendment

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

Voting:

Challenges to at-large/multimember district/election

Vote dilution

Voting: General & Misc.