COMER v. KEMP

No. 89-CV-1556C.

824 F.Supp. 1113 (1993)

Jesse COMER and Jewel Culverhouse, individually and on behalf of all persons similarly situated, Plaintiffs, v. Jack KEMP, in his official capacity as Secretary of the United States Department of Housing and Urban Development; and United States Department of Housing and Urban Development; and Belmont Shelter Corporation; and Town of Amherst, New York, Defendants. Jesse COMER, Hazel Grimes, Yvonne Primm, and Felicia Stokes, individually and on behalf of all persons similarly situated, Plaintiffs, v. Jack KEMP, in his official capacity as Secretary of the United States Department of Housing and Urban Development; and United States Department of Housing and Urban Development; and Rental Assistance Corporation of Buffalo; and City of Buffalo, New York, Defendants. Jesse COMER, Rosemary Comer, Jewel Culverhouse, Hazel Grimes, Annette McCutcheon, individually and on behalf of all persons similarly situated, Plaintiffs, v. Jack KEMP, in his official capacity as Secretary of the United States Department of Housing and Urban Development; and United States Department of Housing and Urban Development; and Buffalo Municipal Housing Authority, and Lawrence A. Grisanti, individually and in his official capacity as former Executive Director of the Buffalo Municipal Housing Authority; and City of Buffalo, New York; and James D. Griffin, in his official capacity as Mayor of the City of Buffalo, New York; and Richard L. Higgins, individually and in his official capacity as Commissioner of the New York State Division of Housing and Community Renewal, Defendants.

United States District Court, W.D. New York.

June 2, 1993.


Attorney(s) appearing for the Case

Neighborhood Legal Services, Inc. (Dennis M. McGrath and Barbra A. Kavanaugh, of counsel), Buffalo, NY, Greater Upstate Law Project (Michael L. Hanley and Ellen M. Yacknin, of counsel), Rochester, NY, and NAACP Legal Defense Fund, Inc. (Alice L. Brown, of counsel), New York City, for plaintiffs.

U.S. Dept. of Justice, Civ. Div. (Stuart A. Licht and Lisa A. Olson, of counsel), and U.S. Dept. of Housing and Urban Development (James C. Brylinski, Buffalo, NY, and Patricia Sharin Flagg and Michael T. Robinson, of counsel), Washington, DC, for defendants Kemp and U.S. Dept. of Housing and Urban Development.

Damon & Morey (James N. Schmit, of counsel), and Sally S. Mennen, Buffalo, NY, for defendant Buffalo Mun. Housing Authority.

Carl Tronolone, Buffalo, NY, for defendant Lawrence A. Grisanti.

Laurence K. Rubin, Corp. Counsel for City of Buffalo (R. Peter Morrow, III, of counsel), Buffalo, NY, for defendants City of Buffalo and Mayor James D. Griffin.

Robert Abrams, NY State Atty. Gen. (Mark Walling, Asst. NY State Atty. Gen., of counsel), Buffalo, NY, for defendant Richard L. Higgins.

Lippes, Silverstein, Mathias & Wexler (Sharon M. Porcellio, of counsel), Buffalo, NY, for defendant Rental Assistance Corp. of Buffalo.

Saperston & Day, P.C. (Charles C. Swanekamp, of counsel), Buffalo, NY, for defendant Belmont Shelter Corp.

John T. Lane, Williamsville, NY, for defendant Town of Amherst.


DECISION AND ORDER

JOHN T. CURTIN, District Judge.

This civil action, alleging racial discrimination in public housing and assistance programs, is filed as a class action. Plaintiffs seek to remedy defendants' policies, practices, and procedures which, for decades, allegedly have created and perpetuated deliberate racial discrimination within the state and federal low-income housing programs which defendants administer in the City of Buffalo and Erie County...

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