MONSERRATE v. NEW YORK STATE SENATE

No. 10 Civ. 1106(WHP).

695 F.Supp.2d 80 (2010)

Hiram MONSERRATE, individually and as an elected official and member of the New York State Senate, Celeste Rodriguez, Michael A. Nardielo III, Monifa Afia Bey, Rev. Nancy Torres, Loretta K. Henderson, and Malikah Shabazz, individually and as duly registered and qualified voters in the New York State 13th Senatorial District, Plaintiffs, v. The NEW YORK STATE SENATE, Malcolm A. Smith, in his official capacity as Temporary President of the New York State Senate, Angelo J. Aponte, in his official capacity as Secretary of the New York State Senate, Thomas P. Dinapoli, in his official capacity as State Comptroller of the State of New York, Eric Schneiderman, in his official capacity as Senator of the State of New York and Chair of the New York State Senate Select Committee to Investigate the Facts and Circumstances Surrounding the Conviction of Hiram Monserrate on October 15, 2009, David: A. Paterson, in his official capacity as Governor of the State of New York, Richard: Ravitch, in his official capacity as Lieutenant Governor of the State of New York, and Lorraine Cortes-Vazquez, in her official capacity as Secretary of State for the State of New York, Defendants.

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

February 19, 2010.


Attorney(s) appearing for the Case

Norman H. Siegel, Esq., Norman Siegel, Attorney At Law, Steven J. Hyman, Esq., McLaughlin and Stern, LLP, New York, NY, for Plaintiffs.

Henry M. Greenberg, Esq., Douglas J. Goglia, Esq., New York State Office of the Attorney General, Albany, NY, for Defendants.

Arthur N. Eisenberg, Esq., New York Civil Liberties Union, New York, NY, for Amicus Curiae New York Civil Liberties Union.


MEMORANDUM & ORDER

WILLIAM H. PAULEY III, District Judge:

Plaintiffs Hiram Monserrate ("Monserrate") and several voters from the 13th Senatorial District bring this federal civil rights action against the New York State Senate (the "Senate") and certain legislative and executive officers of the State of New York. Plaintiffs assert violations of their rights under the First and Fourteenth Amendments to the U.S. Constitution and several state law...

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