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NEW YORK STATE NAT. ORGAN. FOR WOMEN v. CUOMO

No. 93 Civ. 7146(RLC).

14 F.Supp.2d 424 (1998)

NEW YORK STATE NATIONAL ORGANIZATION FOR WOMEN, et al., on behalf of themselves, their members, and all others similarly situated, and Clarice Seegars, Jane Doe, Dellie Britt and Bernadette Thomas, on behalf of themselves, and all others similarly situated, Plaintiffs-Intervenors, v. Mario CUOMO, individually and as former Governor of the State of New York, Margarita Rosa, individually and as former Commissioner of the Division of Human Rights of the Executive Department of New York State, George Pataki, individually and as Governor of the State of New York, and Edward Mercado, individually and as Commissioner of the Division of Human Rights of the Executive Department of New York State, Defendants.

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

July 24, 1998.

Attorney(s) appearing for the Case

Raff & Becker, LLP, New York City, David Raff, Robert L. Becker, of counsel, Greater Upstate Law Project, Rochester, NY, Steven L. Brown, Robert F. Graziano, of counsel, Law Offices of Allison Berry, White Plains, NY, Allison Berry, of counsel, Law Offices of Gerald J. Dunbar, Brooklyn, NY, Gerald J. Dunbar, of counsel, for plaintiffs.

Attorney General of the State of New York, New York City, Dennis Vacco, June Duffy, of counsel, for defendants.

OPINION

ROBERT L. CARTER, District Judge.

This is a class action against defendants arising from constitutional violations allegedly committed by the New York State Division of Human Rights ("SDHR" or the "Division"). The plaintiffs-intervenors seek a declaratory judgment, injunctive relief, and damages.

Defendants now move to dismiss the damage claims, pursuant to Rule 12(c), F.R.Civ. P., on grounds of qualified immunity. Alternatively, defendants...

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