GOOSBY v. TOWN BD. OF TOWN OF HEMPSTEAD, NY

Docket No. 97-7403.

180 F.3d 476 (1999)

Dorothy GOOSBY and Samuel Prioleau, Plaintiffs-Appellees, Xavier Morales and Miladys Morales, Plaintiffs, v. TOWN BOARD OF THE TOWN OF HEMPSTEAD, NEW YORK, Gregory P. Peterson, Richard V. Guardino, Patrick A. Zagarino, Curtis Fisher, Joseph Ra, Anthony Santino and Joseph Kearney in their official capacities as members of the Town Board of the Town of Hempstead, Defendants-Appellants, Nassau County Board of Elections, John Degrace, Steven Sabbath, in their official capacities as Commissioners of Elections of Nassau County, Defendants.

United States Court of Appeals, Second Circuit.

Decided June 25, 1999.


Attorney(s) appearing for the Case

Randolph M. Scott-McLaughlin, White Plains, N.Y. (Frederick K. Brewington, Hempstead, NY, Richard Charles Hamburger and David N. Yaffe, Melville, NY, of counsel), for Plaintiffs-Appellees.

Katherine I. Butler, University of South Carolina Law School, Columbia, SC (Evan H. Krinick, Joseph J. Ortego and Kenneth A. Novikoff, Rivikin, Radler & Kremer, Uniondale, NY, of counsel), for Defendants-Appellants.

(Elaine R. Jones, Norman J. Chachkin, Jaqueline A. Berrien, Victor A. Bolden, Victor Paladino, NAACP Legal Defense and Educational Fund, Inc., New York, NY, Todd A. Cox, NAACP Legal Defense and Educational Fund, Inc., Washington, DC, of counsel) for the NAACP Legal Defense and Educational Fund, Inc., as amicus curiae.

(Willie Abrams, Dennis Courtland Hayes, National Association for the Advancement of Colored People, Baltimore, MD, of counsel) for the National Association for the Advancement of Colored People, as amicus curiae.

Before: MINER, McLAUGHLIN, and LEVAL, Circuit Judges.


MINER, Circuit Judge:

Defendants-appellants the Town Board of the Town of Hempstead, New York (the "Board" or "Town Board"), and Gregory P. Peterson, Richard V. Guardino, Patrick A. Zagarino, Curtis Fisher, Joseph Ra, Anthony Santino and Joseph Kearney, in their official capacities as members of the Town Board,1 appeal from a final judgment entered in the United States District Court for the Eastern District of New York (Gleeson, J.),...

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