AFRICAN AMERICAN LEGAL DEFENSE v. NEW YORK STATE

No. 95 Civ. 3039(RO).

8 F.Supp.2d 330 (1998)

AFRICAN AMERICAN LEGAL DEFENSE FUND, INC., Mothers on the Move, Inc., Sandra Gonzales, individually and in her capacity as natural mother and legal guardian of the minor children, Michael Mejias and Jonathan Orteza, students of the New York City Public School System, Lillian Sanchez, individually and in her capacity as natural mother and legal guardian of the minor children, Miquel Martinez, Jr. and Edward Martinez, students of the New York City Public School System, Michelle Beverhoudt, individually and in her capacity as natural mother and legal guardian of minor child Frederick Beverhoudt, student of the New York City Public School System, Sandra Credell, individually and in her capacity as natural mother and legal guardian of the minor child Rejeana Credell, student of the New York City Public School System, Plaintiffs, v. NEW YORK STATE DEPARTMENT OF EDUCATION, Governor George E. Pataki, New York State Commissioner of Education, Roger P. Mills, Board of Regents, individually and collectively as a Board, Carl T. Hayden, Chancellor, Louise Matteoni, Vice Chancellor, Emlyn I. Griffith, Jorge L. Batista, Edward J. Meyer, Carlos R. Carballada, Mimi Levin Lieber, Norma Gluck, Adelaide L. Sanford, Walter Cooper, Diana O'Neill McGivern, Saul B. Cohen, James C. Dawson, Robert M. Bennett, Robert M. Johnson, and any other successors, H. Carl McCall, Comptroller of the State of New York, Assemblyman Sheldon Silver, Speaker of the Assembly, Senator Joseph L. Bruno, Majority Leader of the Senate, Senator Charles D. Cook, Chair of the Standing Committee on Education, Assemblyman Steven Sanders, Chair of the Assembly Committee on Education, New York City Board of Education, Rudolph F. Crew, Chancellor, Defendants.

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

June 8, 1998.


Attorney(s) appearing for the Case

Hartsfield & McFarlane-Vaughn, Joyce Y. Hartsfield, Moya Bramble, Michael Kennedy Lloyd, for plaintiffs.

Dennis C. Vacco, Attorney General for the State of New York, Martin Bienstock, Assistant Attorney General, Scott A. Ziluck, Assistant Attorney General, Paul A. Crotty, Corporation Counsel for the City of New York, Martha A. Calhoun, Assistant Corporation Counsel, for defendants.


MEMORANDUM AND ORDER

OWEN, District Judge.

Plaintiff African American Legal Defense Fund is a not-for-profit organization "dedicated to the protection of the legal rights of all people of African Heritage and to the furtherance of the educational opportunities to those of African Heritage".1 The individual plaintiffs are schoolchildren and the parents of schoolchildren—of Hispanic as well as African-American descent &...

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