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DIAZ v. SILVER

Civil Action No. 95-CV-2591 (JMM, SJ, DGT).

978 F.Supp. 96 (1997)

Angel DIAZ, Denise L. Motley, and Reynaldo Coholo, Plaintiffs, v. Sheldon SILVER, in his official capacity as Speaker of the House for the Assembly of the State of New York; Joseph L. Bruno, in his official capacity as President Pro Tem and Majority Leader of the Senate of the State of New York; George E. Pataki, in his official capacity as Governor of the State of New York; The Board of Elections of The State of New York; Owen T. Smith, Evelyn J. Aquila, and Helena M. Donohue, in their official capacities as commissioners of the Board of Elections of the State of New York; and John Does 1 Through 50, the names of such defendants being fictitious and unknown to plaintiffs, and referring to those persons who are responsible in their official capacities for the enforcement of the legislation that created New York's federal congressional districts; Defendants.

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

February 27, 1997.

Attorney(s) appearing for the Case

Robert D. Popper, New York City, for Plaintiffs.

Delco L. Cornett, pro se.

C. Daniel Chill, Graubard Mollen & Miller, New York City, for Sheldon Silver.

Joe Graber, Assistant Attorney General, NYS Dept. of Law, New York City, for George E. Pataki, Joseph L. Bruno and the Board of Elections of the State of New York.

Arthur A. Baer, Puerto Rican Legal Defense and Education Fund, Inc., New York City, for Margarita Lopez and Luis Garden Acosta.

Elizabeth R. OuYang, Asian American Legal Defense and Education Fund, Mark D. Beckett, Latham & Watkins, New York City, for Peter Lau and John Kuo Wei Tchen.

Paul Wooten, Brooklyn, NY, for Nydia Velazquez and Major R. Owens.

Carolyn B. Maloney, pro se.

Before McLAUGHLIN, Circuit Judge, and JOHNSON and TRAGER, District Judges.

MEMORANDUM AND ORDER

PER CURIAM:

Plaintiffs, who are Latino and African-American, seek a declaratory judgment and a permanent injunction against the further use of the current configuration of New York State's 12th Congressional District on the ground that it violates their constitutional rights under the Fourteenth and Fifteenth Amendments to the United States Constitution. Before the court is their motion for summary judgment and defendant-intervenor...

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