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Case Name The Mount Kisco Worker’s Project v. The Village/Town of Mount Kisco IM-NY-0039
Docket / Court 7:96-cv-08335-BDP-LMS ( S.D.N.Y. )
State/Territory New York
Case Type(s) Immigration
Case Summary
On November 6, 1996, a group of Hispanic immigrant day laborers living in Mount Kisco filed a class action lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of New York, challenging discriminatory practices in the village. Plaintiffs alleged that village ... read more >
On November 6, 1996, a group of Hispanic immigrant day laborers living in Mount Kisco filed a class action lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of New York, challenging discriminatory practices in the village. Plaintiffs alleged that village officials engaged in a systematic effort to drive immigrants out of town by conducting midnight housing raids on Latino homes, evicting Latinos from the public park and establishing a mandatory hiring site for day laborers (Local Law 6). Plaintiffs claimed that the village's practices violated their rights under the First Amendment and the Due Process and Equal Protection clauses of the U.S. Constitution. Attorneys for the Westchester Hispanic Coalition, the Immigrants' Rights Project of the American Civil Liberties Union and private counsel represented the plaintiffs.

Plaintiffs requested a preliminary injunction and class certification. Written discovery was conducted and the Court was called upon to resolve discovery disputes.

Following a pre-trial conference in August 1997, the parties settled the case. On August 13, 1997, the District Court (Judge Barrington D. Parker Jr.) entered a Consent Decree, which set forth the reforms the village agreed to implement, including ceasing enforcement of Local Law 6. The District Court retained jurisdiction for four years to monitor the Decree, expect that that jurisdiction over Local Law 6 was to be retained by the Court without limitation.

In October 2000, plaintiffs moved for a contempt citation for violation of the Consent Decree. After a hearing, the contempt motion was resolved by the parties and the Court entered a stipulation of settlement on January 31, 2001.

Note that 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-38, 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
Discrimination-basis
National origin discrimination
Race discrimination
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) Mount Kisco Police Department
The Village/Town of Mount Kisco
Plaintiff Description Class of Hispanic immigrants residing in Mount Kisco, NY and subjected to housing raids, detentions and discriminatory conduct by Mt. Kisco police and officials.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Unknown
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1997 - 2001
Case Closing Year 2001
Case Ongoing No
Case Listing IM-NY-0038 : Melchor 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)
7:96-cv-08335-BDP-LMS (S.D.N.Y.) 02/05/2001
IM-NY-0039-9000 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-0039-9000
Smith, Lisa Margaret (S.D.N.Y.) [Magistrate]
IM-NY-0039-9000
Monitors/Masters None on record
Plaintiff's Lawyers Magoolaghan, Joan (New York)
IM-NY-0039-9000
Rabinowitz, Lisa S. (New York)
IM-NY-0039-9000
Defendant's Lawyers Corsi, Louis G. (New York)
IM-NY-0039-9000
Other Lawyers None on record

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