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UNIDOS v. GOVERNMENT OF U.S. VIRGIN ISLANDS

No. CIV.2003/0139.

314 F.Supp.2d 501 (2004)

Hispanos UNIDOS, Nellie Rivera, Robert Hoffman, Joseph San Martin, Mary Simpson, Michael A. Monagle, Terrance L. Conklin, and Bonnie Blair, Plaintiffs, v. GOVERNMENT OF THE UNITED STATES VIRGIN ISLANDS; The Legislature of the United States Virgin Islands, the Board of Elections of the St. Croix and St. Thomas/St. John Districts; in their official capacities only, The Senators of the 25th Legislature of the Virgin Islands; Norman Jn. Baptiste, Lorraine L. Berry, Douglas E. Canton, Jr., Roosevelt St. C. David, Adlah Donastorg, Carlton Dowe, Emmett Hansen, II, Louis P. Hill, David S. Jones, Almando Liburd, Shawn-Michael Malone, Luther F. Reneee, Usie Richards, Ronald E. Russell and Celestino A. White, Sr., Defendants.

District Court, Virgin Islands, D. St. Croix.

April 19, 2004.

Attorney(s) appearing for the Case

Andrew C. Simpson, Esq., Christiansted, VI, for Plaintiffs.

Yvonne L. Tharpes, Esq., Legislature of the Virgin Islands, St. Thomas, VI, for Defendants.

MEMORANDUM OPINION

FINCH, Chief Judge.

THIS MATTER comes before the Court on the Motion to Dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure filed by the Senators of the 25th Legislature, who are sued in their official capacities only.

Plaintiffs allege in their Complaint that the Senators have violated 42 U.S.C. § 1983 and section 2 of the Voting Rights Act of 1965, 42 U.S.C. § 1973(a).1...

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