Case: Wei v. Spears

7:15-cv-08245 | U.S. District Court for the Southern District of New York

Filed Date: Oct. 20, 2015

Closed Date: Dec. 22, 2015

Clearinghouse coding complete

Case Summary

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 atten…

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)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13250602/parties/wei-v-spears/


Judge(s)

Briccetti, Vincent Louis (New York)

Attorney for Plaintiff

Sussman, Michael Howard (New York)

Attorney for Defendant

Gaba, Stephen Joseph (New York)

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Documents in the Clearinghouse

Document
1

7:15-cv-08245

Complaint

Oct. 20, 2015

Oct. 20, 2015

Complaint
6

7:15-cv-08245

Amended Complaint

Oct. 22, 2015

Oct. 22, 2015

Complaint
14

7:15-cv-08245

Notice of Rule 41 Dismissal

Dec. 21, 2015

Dec. 21, 2015

Pleading / Motion / Brief
15

7:15-cv-08245

Stipulation of Voluntary Dismissal

Dec. 22, 2015

Dec. 22, 2015

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13250602/wei-v-spears/

Last updated Jan. 30, 2025, 2:40 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Gary Spears. (Filing Fee $ 400.00, Receipt Number 0208-11526672)Document filed by Yu Deng, Jefferson Lai, Ying Chen, Austin Zhong, Andrew Fung, Max Zhong, Jia Wen Ashley Wei, Han Ye, Eric Cheng, Norna Tseng.(Sussman, Michael) (Entered: 10/20/2015)

Oct. 20, 2015

Oct. 20, 2015

Clearinghouse
2

FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR CIVIL COVER SHEET filed. (Sussman, Michael) Modified on 10/21/2015 (vf). (Entered: 10/20/2015)

Oct. 20, 2015

Oct. 20, 2015

PACER
3

REQUEST FOR ISSUANCE OF SUMMONS as to Gary Spears, re: 1 Complaint. Document filed by Ying Chen, Eric Cheng, Yu Deng, Andrew Fung, Jefferson Lai, Norna Tseng, Jia Wen Ashley Wei, Han Ye, Austin Zhong, Max Zhong. (Sussman, Michael) (Entered: 10/20/2015)

Oct. 20, 2015

Oct. 20, 2015

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Howard Sussman. The party information for the following party/parties has been modified: Supervisor Gary Spears, Jia Wen Ashley Wei, Andrew Fung, Jefferson Lai, Han Ye, Norna Tseng, Yu Deng, Ying Chen, Max Zhong, Austin Zhong, Eric Cheng. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted. (vf)

Oct. 20, 2015

Oct. 20, 2015

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Michael Howard Sussman to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): signature error; civil cover sheet not signed. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf)

Oct. 20, 2015

Oct. 20, 2015

PACER

***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Howard Sussman. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due). The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid). (vf)

Oct. 20, 2015

Oct. 20, 2015

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (vf)

Oct. 20, 2015

Oct. 20, 2015

PACER

Magistrate Judge Judith C. McCarthy is so designated. (vf)

Oct. 20, 2015

Oct. 20, 2015

PACER

Case Designated ECF. (vf)

Oct. 20, 2015

Oct. 20, 2015

PACER
4

ELECTRONIC SUMMONS ISSUED as to Gary Spears. (vf) (Entered: 10/21/2015)

Oct. 20, 2015

Oct. 20, 2015

PACER
5

CIVIL COVER SHEET filed. (Sussman, Michael) (Entered: 10/21/2015)

Oct. 21, 2015

Oct. 21, 2015

PACER

Case Opening Initial Assignment Notice

Oct. 21, 2015

Oct. 21, 2015

PACER

Notice to Attorney Regarding Case Opening Statistical Error Correction

Oct. 21, 2015

Oct. 21, 2015

PACER
6

FIRST AMENDED COMPLAINT amending 1 Complaint against Gary Spears with JURY DEMAND.Document filed by Yu Deng, Jefferson Lai, Ying Chen, Austin Zhong, Andrew Fung, Max Zhong, Jia Wen Ashley Wei, Han Ye, Eric Cheng, Norna Tseng. Related document: 1 Complaint filed by Yu Deng, Andrew Fung, Austin Zhong, Jefferson Lai, Jia Wen Ashley Wei, Han Ye, Max Zhong, Eric Cheng, Norna Tseng, Ying Chen.(Sussman, Michael) (Entered: 10/22/2015)

Oct. 22, 2015

Oct. 22, 2015

Clearinghouse
7

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Gary Spears served on 10/26/2015, answer due 11/16/2015. Service was accepted by Gary Spears. Document filed by Yu Deng; Jefferson Lai; Ying Chen; Austin Zhong; Andrew Fung; Max Zhong; Jia Wen Ashley Wei; Han Ye; Eric Cheng; Norna Tseng. (Sussman, Michael) (Entered: 10/28/2015)

Oct. 28, 2015

Oct. 28, 2015

PACER
8

NOTICE OF APPEARANCE by Stephen Joseph Gaba on behalf of Gary Spears. (Gaba, Stephen) (Entered: 11/05/2015)

Nov. 5, 2015

Nov. 5, 2015

PACER
9

CERTIFICATE OF SERVICE of Notice of Appearance served on Michael Sussman, Esq. of Sussman & Watkins on 11/5/2015. Service was made by ECF. Document filed by Gary Spears. (Gaba, Stephen) (Entered: 11/05/2015)

Nov. 5, 2015

Nov. 5, 2015

PACER
10

STIPULATION:IT IS HEREBY STIPULATED AND AGREED, by and between the parties hereto, that the time for the Defendant, GARY SPEARS, sued in his Official Capacity, to answer or move against the Plaintiff's Complaint is hereby extended to November 30, 2015. Gary Spears answer due 11/30/2015. (Signed by Judge Vincent L. Briccetti on 11/10/2015) (rj) (Entered: 11/12/2015)

Nov. 10, 2015

Nov. 10, 2015

PACER
11

ANSWER to Complaint with JURY DEMAND. Document filed by Gary Spears.(Gaba, Stephen) (Entered: 11/25/2015)

Nov. 25, 2015

Nov. 25, 2015

Clearinghouse
12

CERTIFICATE OF SERVICE of Answer served on Michael Sussman, Esq of Sussman & Watkins on 11/25/2015. Service was made by ECF. Document filed by Gary Spears. (Gaba, Stephen) (Entered: 11/25/2015)

Nov. 25, 2015

Nov. 25, 2015

PACER
13

NOTICE OF INITIAL CONFERENCE:THIS MATTER HAS BEEN SCHEDULED FOR AN INITIAL CASE MANAGEMENT AND SCHEDULING CONFERENCE, pursuant to Fed. R. Civ. P. 16, on 12/28/15 at 10:00 am, at the United States Courthouse, 300 Quarropas Street, Courtroom 620, White Plains, NY 10601. Case Management Conference set for 12/28/2015 at 10:00 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. (rj) (Entered: 11/30/2015)

Nov. 30, 2015

Nov. 30, 2015

PACER
14

WITHDRAWAL OF CLAIM. Document filed by Ying Chen, Eric Cheng, Yu Deng, Andrew Fung, Jefferson Lai, Norna Tseng, Jia Wen Ashley Wei, Han Ye, Austin Zhong, Max Zhong. (Sussman, Michael) (Entered: 12/21/2015)

Dec. 21, 2015

Dec. 21, 2015

Clearinghouse
15

STIPULATION OF VOLUNTARY DISMISSAL: Pursuant to F.R.Civ.P. 41,(A)(1)(a)(ii), the parties, by and through their attorneys, and each being of legal age and competent to do so, hereby agree to the voluntary dismissal of this matter without prejudice and without costs/fees to any party. So Ordered. (Signed by Judge Vincent L. Briccetti on 12/22/15) (yv) (Entered: 12/22/2015)

Dec. 22, 2015

Dec. 22, 2015

RECAP

Case Details

State / Territory: New York

Case Type(s):

Election/Voting Rights

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):

Private Plaintiff

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:

42 U.S.C. § 1983

State law

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):

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Issues

Discrimination Basis:

National origin discrimination

Religion discrimination

Affected National Origin/Ethnicity(s):

Other

Affected Religion(s):

Buddhism

Voting:

Voting: General & Misc.