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DE JESUS-KEOLAMPHU v. VILLAGE OF PELHAM MANOR

No. 96 Civ. 1154(WCC).

999 F.Supp. 556 (1998)

Gilda DE JESUS-KEOLAMPHU, Narong Keolamphu, Gerda Bartnik and Kazimierz Bartnik, Plaintiffs, v. The VILLAGE OF PELHAM MANOR, New York, Mayor Valentine Taubner of the Village of Pelham Manor, New York, Deputy Mayor and Trustee Brian Gallagher and Trustees Ferdinand Spucci, John Kiernan, and Peter Dipaola as the Board of Trustees of the Village of Pelham Manor, New York, each of the above is sued in their official capacity and as individuals, Commissioner of the State of New York Office of Mental Retardation and Disabilities, Thomas A. Maul, Assistant Commissioner of the State of New York Office of Mental Retardation and Disabilities, Susan B. O'Reilly, and Program Development Specialist for the New York State Westchester Developmental Disabilities Services Office, Jeffrey Envid, each of the above is being sued in their official capacity and as individuals, State of New York Office of Mental Retardation and Disabilities Services, St. Agatha Home of the New York Foundling Hospital and Elizabeth Ekizian, Defendants.

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

April 3, 1998.

Attorney(s) appearing for the Case

Law Offices of John R. Kelligrew, White Plains, NY, for plaintiffs, John R. Kelligrew, of counsel.

Thomas M. Bona, P.C., for defendants The Village of Pelham Manor, Valentine Taubner, Brian Gallagher, Ferdinand Spucci, John Kiernan and Peter DiPaola, White Plains, NY, Thomas M. Bona, of counsel.

Dennis C. Vacco, Attorney General of the State of New York, New York City, for State defendants, Jay T. Weinstein, Asst. Atty. General, of counsel.

Mendes & Mount, L.L.P., for defendants St. Agatha Home of the New York Foundling Hospital and Elizabeth Ekizian, New York City, Colleen M. Magarian, of counsel.

OPINION AND ORDER

WILLIAM C. CONNER, Senior District Judge.

This case arises out of plaintiffs' opposition to the relocation onto their street of a residential home for mentally retarded adults. At bottom, plaintiffs claim that the decision to place the group home on their street was racially motivated. Named as defendants are numerous entities and individuals allegedly responsible for the relocation. They are: (1) the Village of Pelham Manor, where...

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