Jessie COMER; Jewel Culverhouse; Hazel Grimes; Yvonne Primm; Felicia Stokes; Rosemary Comer; Annette McCutcheon, individually and on behalf of all persons similarly situated, Plaintiffs-Appellants,
Dorothy Solomon; Saren Lewis; Betty Smith; Karen Edmond; Odessa Edwards; Penny Ferguson; Claude Fletcher; Ronda Mapp; Jane Pennick; Tyrone Pennick; Darlene Perry, Proposed Intervenor-Plaintiffs, individually and on behalf of all persons similarly situated, Appellants,
v.
Henry G. CISNEROS, in his official capacity as Secretary of the United States Department of Housing and Urban Development; US Department of Housing and Urban Development; Belmont Shelter Corporation; Town of Amherst, New York; Rental Assistance Corporation of Buffalo; City of Buffalo; Lawrence A. Grisanti, individually and in his official capacity as former Executive Director of Buffalo Municipal Housing Authority; James D. Griffin; Richard L. Higgins, individually and in his official capacity as Commissioner of the New York State Division of Housing and Community Renewal; Buffalo Municipal Housing Authority, Defendants-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued April 18, 1994.
Decided August 26, 1994.
Attorney(s) appearing for the Case
Charles S. Ralston, New York City (Elaine R. Jones, Alice L. Brown, Theodore M. Shaw, NAACP Legal Defense and Educ. Fund, Inc., New York City, Barbra A. Kavanaugh, Dennis McGrath, Neighborhood Legal Services, Inc., Buffalo, NY; Michael L. Hanley, Ellen M. Yacknin, Greater Upstate Law Project, Rochester, NY of counsel), for plaintiffs-appellants and appellants.
Michael E. Robinson, U.S. Dept. of Justice, Washington, DC (Michael Jay Singer, Stuart A. Licht, Felix V. Baxter, Lisa A. Olson, U.S. Dept. of Justice; Frank W. Hunger, Asst. Atty. Gen., Washington, DC; Michael T. Robinson, Howard M. Schmeltzer, Asst. Gen. Counsel for Litigation, Patricia Sharin Flagg, Office of Gen. Counsel, U.S. Dept. of Housing and Urban Development, Washington, DC; James C. Brylinski, U.S. Dept. of Housing and Urban Development, Buffalo, NY; Patrick H. Nemoyer, U.S. Atty., Shirley Troutman, Asst. U.S. Atty., Buffalo, NY, of counsel), for defendant-appellees Secretary of Housing and Urban Development and U.S. Department of Housing and Urban Development.
Daniel Smirlock, Asst. Atty. Gen., Albany, NY (Robert Abrams, Atty. Gen., Peter H. Schiff, Deputy Sol. Gen., Mark R. Walling, Albany, NY, of counsel), for defendant-appellee Richard L. Higgins.
Sally S. Mennen, Buffalo Mun. Housing Authority, James N. Schmit, Ian A. Bradford, Damon & Morey, Buffalo, NY, of counsel, for defendant-appellee Buffalo Mun. Housing Authority.
Charles C. Swanekamp, Saperston & Day, Buffalo, NY, for defendant-appellee Belmont Shelter Corp.
John P. Lane, Deputy Town Atty., Williamsville, NY, for defendant-appellee Town of Amherst, New York.
Sharon Porcellio, Lippes, Silverstein, Muthias & Wexler, Buffalo, NY, for defendant-appellee Rental Assistance Corp. of Buffalo.
R. Peter Morrow, III, Corp. Counsel's Office, Buffalo, NY, for defendants-appellees City of Buffalo, Lawrence A. Grisanti and James D. Griffin.
Michael E. Deutsch, Center for Constitutional Rights, and Nat. Lawyers' Guild, New York City, for amicus curiae.
Before: OAKES, KEARSE, and MAHONEY, Circuit Judges.
United States Court of Appeals, Second Circuit.
OAKES, Senior Circuit Judge:
The plaintiffs, low-income minority individuals, brought this class action on behalf of all former, current, and future minority residents of Buffalo, New York public housing projects and applicants for federal housing assistance in Erie County, New York. The original complaint alleged racial discrimination and segregation in public housing and assistance programs. The district court dismissed the complaint for lack of standing. The court...
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