PERRY v. STATE OF R.I.

C.A. Nos. 95-336B, 96-052B.

975 F.Supp. 418 (1997)

David E. PERRY, Michael Kelleher, Lucille A. Sasso, Joyce C. Dube, William Aliferakis, William T. Laferriere, Gerald J. Griffin, Doreen R. Bowen, John J. Martino, Joseph Conley, Marguerite Dipalma, Cheryl Witt, Susan Ryan Froment, Barbara Brooks, F. Charles Haigh, Dennis Revens, Kenneth Haupt, and Arlene Maloney, Plaintiffs, v. STATE OF RHODE ISLAND, Lincoln Almond, in his Capacity as Chief Executive Officer of The State of Rhode Island, Nancy Mayer, in her Capacity as Treasurer of the State of Rhode Island, Jeffrey Pine, in his Capacity as Attorney General for the State of Rhode Island, Gayl W. Doster, in his Capacity as Director of the Department of Administration, Jane Doe, Alias, and John Doe, Alias, in their Capacities as Members of the Unclassified Pay Plan Board, Defendants, RHODE ISLAND LABORERS' DISTRICT COUNCIL, Laborers' Local Union 808 Judicial and Technical Employees, Ronald M. Coia, Frank Ciccone, Anthony Piccirilli, Mark Benjamin, Erin Burn, Brian Burn, Deborah Buisclair, Michael Cafferty, Beverly Clerk, Carol Costa, Lois Karlafarski, Paula Larivee, Phyllis Lynch, Jean Maggiacomo, Joseph Maggiacomo, Linda Piccirilli, Claudia Porrazzo, and Dennis Sao Bento, Plaintiffs, v. STATE OF RHODE ISLAND, Lincoln Almond, in his capacity as Chief Executive Officer of the State of Rhode Island, Nancy Mayer, in her Capacity as Treasurer of the State of Rhode Island, Jeffrey Pine, in his Capacity as Attorney General for the State of Rhode Island, Robert J. Carl, Jr. in his Capacity as Director of the Department of Administration, Robert Harrall, in his capacity as Chief Administrator of the Supreme Court of Rhode Island, Defendants.

United States District Court, D. Rhode Island.

July 24, 1997.


Attorney(s) appearing for the Case

Amato A. DeLuca, Miriam Weizenbaum, DeLuca & Weizenbaum, Ltd., Providence, RI, for Plaintiffs in C.A.95-336B.

Rebecca Tedford Partington, Thomas A. Palombo, James R. Lee, Atty. Gen. Office, Providence, RI, Harris K, Weiner, Office of the Governor, Joseph S. Larisa, Jr., Office of the Governor, Executive Counsel, Providence, RI, for Defendants in C.A. 95-336B.

Michael S. Bearse, Providence, RI, Richard A. Fairbrothers, Laborers' Int. Union of North Amer., for Plaintiffs in C.A. 96-052B.

Rebecca Tedford Partington, Thomas A. Palombo, James R. Lee, Atty. Gens. Office, Providence, RI, Harris K. Weiner, Office of the Governor, Providence, RI, for Defendants in C.A. 96-052B.


OPINION

FRANCIS J. BOYLE, Senior District Judge.

Both of these actions are before the Court on cross-motions for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure.

In Civil Action No. 95-336B, the plaintiffs ("Perry plaintiffs") are court clerks employed by the State of Rhode Island. They challenge the constitutionality of the 1994 amendments to the Rhode Island Court Clerks' Incentive Pay statute, R.I.Gen.Laws ...

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