Filed Date: Oct. 20, 2015
Closed Date: Dec. 22, 2015
Clearinghouse coding complete
On October 20, 2015, a group of Chinese American residents of Deerpark, New York, brought a complaint in the U.S. District Court for the Southern District of New York, alleging violations of the First and Fourteenth Amendments to the United States Constitution and the Voting Rights Act. The case was assigned to District Judge Vincent L. Briccetti. The plaintiffs, through private counsel, purportedly represented a group of 30 similarly situated Chinese Americans who were full-time students attending Fei Tian College and residing at a Buddhist temple. The individuals lived in a dormitory and shared a mailing address. They alleged that Gary Spears, the Town Supervisor of Deerpark, made public statements questioning the validity of numerous new voter registrations at the address, despite having no reason to believe the individuals had engaged in wrongdoing and knowing that the property held a temple and a college with dormitories. They contended that Spears made the statements because he believed the individuals would support his opponent, who volunteered at a temple located on the same property as the college.
The individuals alleged that, because of Spears’s statements, members of the Orange County Sheriff’s Department sought entry onto the property, and each plaintiff received a letter from the Orange County Board of Elections stating that a challenge had been filed against their voter registrations. Two individuals were initially told that they were not permitted to vote because they had only green cards, even though they were American citizens. The Commissioners also informed the individuals that they should bring passports when they went to vote, although other qualified and eligible voters were not required to do so. They alleged that Spears’s statements were defamatory and made them fear retaliation for engaging in the voting process. As a result, they claimed that Spears violated their First Amendment right to freely associate with others of the same religion, the Fourteenth Amendment’s prohibition against discrimination on the basis of national origin and religion, and the Voting Rights Act’s prohibition against intimidation of voters. They sought injunctive relief to enjoin Spears from any further acts of voter intimidation, compensatory damages, attorney’s fees, and costs. On October 20, 2015, they filed an Amended Complaint that did not change the substance of their allegations.
On December 21, 2015, the plaintiffs filed a Notice of Rule 41 Dismissal withdrawing their claims. They then filed a stipulation of voluntary dismissal on December 22, 2015. In a letter to their counsel, attached their December 21 filing, the individuals stated that they had hoped that the lawsuit would pressure Spears to correct his wrongful behavior, but they now felt that continuing the lawsuit would not alleviate the animosity directed toward them.
The case is now closed.
Summary Authors
Carly Compton (10/22/2024)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13250602/parties/wei-v-spears/
Briccetti, Vincent Louis (New York)
Sussman, Michael Howard (New York)
Gaba, Stephen Joseph (New York)
See docket on RECAP: https://www.courtlistener.com/docket/13250602/wei-v-spears/
Last updated Jan. 30, 2025, 2:40 p.m.
State / Territory: New York
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: Oct. 20, 2015
Closing Date: Dec. 22, 2015
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Chinese American individuals who reside at Fei Tian College in Deerpark, New York
Plaintiff Type(s):
Public Interest Lawyer: Unknown
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Town Supervisor of Deerpark, New York (Deerpark), City
Case Details
Causes of Action:
Voting Rights Act, unspecified, 52 U.S.C. § 10301 et seq (previously 42 U.S.C § 1973 et seq.)
Ex parte Young (federal or state officials)
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
Discrimination Basis:
National origin discrimination
Affected National Origin/Ethnicity(s):
Affected Religion(s):
Voting: