U.S. v. CITY OF YONKERS

Docket Nos. 97-6284, 97-6338.

181 F.3d 301 (1999)

UNITED STATES of America, Plaintiff, Yonkers Branch—National Association for the Advancement of Colored People, Regina Ryer, a minor by her mother, and next friend, and Charlotte Ryer, on behalf of themselves, and all individuals similarly situated, Plaintiffs-Intervenors-Appellees, v. CITY OF YONKERS and Yonkers Board of Education, Defendants-Appellees, Yonkers Community Development Agency, and U.S. Department of Housing and Urban Development, Samuel Pierce, Secretary, Defendants, The State of New York, The Board of Regents of the State of New York, Carl T. Hayden, Louise P. Matteoni, Jorge L. Batista, Edward J. Meyer, R. Carlos Carballada, Adelaide L. Sanford, Diane O'Neill McGivern, Saul B. Cohen, James C. Dawson, Robert M. Bennet, Robert M. Johnson, Peter M. Preyor, Anthony S. Bottar, Merryl H. Tisch, Harold O. Levy, Ena L. Farley, in their official capacities as members of the State Board of Regents, Department of Education of the State of New York, Richard P. Mills, as Commissioner of Education of the State of New York, Urban Development Corporation of the State of New York, and Charles A. Gargano, as Chairman of the Urban Development Corporation, George Pataki, as Governor of the State of New York, and H. Carl McCall, as Comptroller of the State of New York, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 22, 1999.


Attorney(s) appearing for the Case

Denise A. Hartman, Assistant Attorney General, Albany, N.Y. (Dennis C. Vacco, Attorney General of the State of New York, Barbara G. Billet, Solicitor General, Peter H. Schiff, Deputy Solicitor General, Nancy A. Spiegel, Assistant Attorney General, on the brief) for Defendants-Appellants.

Michael H. Sussman, Goshen, N.Y. (Stephen Bergstein, Law Offices of Michael H. Sussman, on the brief), for Plaintiffs-Intervenors-Appellees.

Stephen J. Routh, Washington, DC (Kevin J. Lanigan, John Borkowski, Carmel Martin, Hogan & Hartson L.L.P., Washington, D.C.; Lawrence W. Thomas, Donoghue, Thomas, Auslander & Drohan, Yonkers, NY, on the brief), for Defendant-Appellee Yonkers Board of Education.

Raymond P. Fitzpatrick, Jr., Birmingham, AL (Fitzpatrick, Cooper & Clark, on the brief), for Defendant-Appellee City of Yonkers.

Before: McLAUGHLIN, JACOBS, and SACK, Circuit Judges.


Judge SACK concurs in part and dissents in part in a separate opinion.

JACOBS, Circuit Judge:

In 1996, this Court affirmed findings by the United States District Court for the Southern District of New York (Sand, J.) that the State of New York had been aware of de jure segregation by the City of Yonkers in its public schools, and that the State failed to take corrective measures. See United States v. City of Yonkers, 96...

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