University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Melchor v. The Village/Town of Mount Kisco IM-NY-0038
Docket / Court 7:97-cv-00010-BDP ( S.D.N.Y. )
State/Territory New York
Case Type(s) Immigration
Case Summary
On January 2, 1997, eleven Hispanic immigrants filed suit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of New York, seeking damages from the Village/Town of Mount Kisco for being subjected to a housing raid, detention and criminal prosecution. Plaintiffs ... read more >
On January 2, 1997, eleven Hispanic immigrants filed suit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of New York, seeking damages from the Village/Town of Mount Kisco for being subjected to a housing raid, detention and criminal prosecution. Plaintiffs alleged that Mount Kisco was trying to drive Hispanic immigrants out of town with housing raids and other forms of official harassment. Mount Kisco denied the allegations and maintained that it was merely enforcing its housing code.

The parties reached a settlement in the case in April 1998. Criminal charges against plaintiffs were dropped and each was awarded damages in the amount of $20,000.

This case was one of several lawsuits filed against the Village/Town of Mount Kisco for alleged selective enforcement of local laws in an effort to drive Hispanic immigrants out of town. See IM-NY-39, IM-NY-40 and IM-NY-41.

Dan Dalton - 11/07/2007


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Issues and Causes of Action
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Issues
Constitutional Clause
Federalism
General
Conditions of confinement
Immigration
Constitutional rights
Criminal prosecution
Undocumented immigrants - state and local regulation
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Defendant(s) The Village/Town of Mount Kisco
Plaintiff Description Hispanic immigrant residing in Mount Kisco, NY and subjected to housing raids and detentions by Mt. Kisco police and officials
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Damages
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Voluntary Dismissal
Order Duration not on record
Case Closing Year 1998
Case Ongoing No
Case Listing IM-NY-0039 : The Mount Kisco Worker’s Project v. The Village/Town of Mount Kisco (S.D.N.Y.)
IM-NY-0040 : Stern v. Resnick (S.D.N.Y.)
IM-NY-0041 : Stern v. The Town of Mount Kisco (S.D.N.Y.)
Additional Resources
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Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
7:97-cv-00010-BDP (S.D.N.Y.) 04/09/1998
IM-NY-0038-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
No documents currently in the collection
Judges Parker, Barrington Daniels Jr. (S.D.N.Y., Second Circuit)
IM-NY-0038-9000
Monitors/Masters None on record
Plaintiff's Lawyers Corsi, Louis G. (New York)
IM-NY-0038-9000
Magoolaghan, Joan (New York)
IM-NY-0038-9000
Defendant's Lawyers None on record
Other Lawyers None on record

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