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 ...
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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