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Case Name Stern v. The Town of Mount Kisco IM-NY-0041
Docket / Court 7:05-cv-08574-SCR ( S.D.N.Y. )
State/Territory New York
Case Type(s) Immigration
Case Summary
On October 6, 2005, Angela Stern, a restaurant owner in the Village of Mount Kisco, filed a lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of New York, challenging conduct of the Mount Kisco police and New York state liquor control officials. This case ... read more >
On October 6, 2005, Angela Stern, a restaurant owner in the Village of Mount Kisco, filed a lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of New York, challenging conduct of the Mount Kisco police and New York state liquor control officials. This case was one of several lawsuits filed against the Village/Town of Mount Kisco, alleging selective enforcement of local laws in an effort to drive Hispanic immigrants out of town. See IM-NY-38, IM-NY-39. This was the second case that Stern filed over alleged harassment caused or instigated by Mount Kisco officials. (See IM-NY-40)

Plaintiff Stern owned two restaurants in Mount Kisco, Au Fun Chinese Restaurant and Café La China. Each restaurant served Spanish type dishes as to cater to the largely Hispanic population of Mount Kisco. In 1999, Stern initiated litigation when her landlord refused to renew the lease of the Au Fun Chinese Restaurant and tried to evict her. Stern alleged that the eviction proceedings were pursued at the urging of Mount Kisco officials, as part of their anti-immigrant campaign. [See Stern v. Resnick, IM-NY-40] That case settled and Stern continued to operate Au Fun Chinese Restaurant.

In 2001, Stern opened a second restaurant in Mount Kisco, the Café La China, which had a predominately Hispanic clientele. Stern's second lawsuit alleged that Mount Kisco police engaged in a pattern of selective and discriminatory law enforcement which targeted Café La China. She alleged that police stopped, detained, questioned and harassed her customers, initiated various liquor control complaints and opened unfounded criminal investigations in violation of her constitutional rights.

Our information on case proceedings is limited, but it appears that the case was settled by the parties, as a stipulation for voluntary dismissal was filed on March 29, 2007.

Dan Dalton - 11/08/2007


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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
Undocumented immigrants - rights and duties
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Defendant(s) State of New York Division of Alcoholic Beverage Control
The Mount Kisco Police Department
The Town of Mount Kisco
Plaintiff Description Owner of restaurant that catered to predominately Latino clientele.
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 Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Voluntary Dismissal
Order Duration not on record
Case Closing Year 2007
Case Ongoing No
Case Listing IM-NY-0040 : Stern v. Resnick (S.D.N.Y.)
IM-NY-0038 : Melchor v. The Village/Town of Mount Kisco (S.D.N.Y.)
IM-NY-0039 : The Mount Kisco Worker’s Project v. The Village/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)
7:05-cv-08574-SCR (S.D.N.Y.) 08/01/2007
IM-NY-0041-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Amended Complaint 12/14/2005
IM-NY-0041-0001.pdf | Detail
Memorandum of Law in Support of State Defendants’ Motion to Dismiss the Complaint 02/16/2006
IM-NY-0041-0002.pdf | Detail
Judges Robinson, Stephen C. (S.D.N.Y.)
IM-NY-0041-9000
Monitors/Masters None on record
Plaintiff's Lawyers Svetkey, Jonathon (New York)
IM-NY-0041-0001 | IM-NY-0041-9000
Defendant's Lawyers Ghartey, Mbiabah Lisa (New York)
IM-NY-0041-0002 | IM-NY-0041-9000
Spitzer, Eliot (New York)
IM-NY-0041-0002
Other Lawyers None on record

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