United States of America v. Village of Port Chester

Justia Dockets & Filings Second Circuit New York Southern District United States of America v. Village of Port Chester

United States of America v. Village of Port Chester

Case Number:	7:2006cv15173
Filed:	December 15, 2006
Court:	US District Court for the Southern District of New York
Office:	White Plains Office
Presiding Judge:	Stephen C. Robinson
Nature of Suit:	Civil Rights: Voting
Cause of Action:	42 U.S.C. § 1973 Voting Rights Act of 1965
Jury Demanded By:	None

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Date Filed	Document Text
April 1, 2010	Filing 124 OPINION AND ORDER:...The Court conducted a careful analysis of Port Chester's at large voting scheme for electing its Board of Trustees and determined that the system violated Section 2 of the Voting Rights Act.Plaintiffs have proven the existen ce of all three Gingles precondition, and have shown clearly that under the totality of the circumstances, that at large election system for electing members of the Board of Trustees prevents Hispanic voters from participating equally in the politica l process in the Village. Having found a Section 2 violation, the Court evaluated the parties' proposed remedial plans. Following the high level of deference accorded to the defendant jurisdiction, the Court adopted Port Chester's proposal for cumulative voting because it was deemed legally acceptable under the Voting Rights Act, the Constitution, and New York Law. The Court has approved the parties' agreed upon Consent Decree detailing the education and outreach program that will ensure the effective and non discriminatory implementation of the new system. To give sufficient time for implementation, the Court also orders Port Chester to hold its 2010 Trustee elections in June 2010. SO ORDERED (Signed by Judge Stephen C. Robinson on 4/1/2010) (rj)

Date Filed

Document Text

April 1, 2010

Filing 124 OPINION AND ORDER:...The Court conducted a careful analysis of Port Chester's at large voting scheme for electing its Board of Trustees and determined that the system violated Section 2 of the Voting Rights Act.Plaintiffs have proven the existen ce of all three Gingles precondition, and have shown clearly that under the totality of the circumstances, that at large election system for electing members of the Board of Trustees prevents Hispanic voters from participating equally in the politica l process in the Village. Having found a Section 2 violation, the Court evaluated the parties' proposed remedial plans. Following the high level of deference accorded to the defendant jurisdiction, the Court adopted Port Chester's proposal for cumulative voting because it was deemed legally acceptable under the Voting Rights Act, the Constitution, and New York Law. The Court has approved the parties' agreed upon Consent Decree detailing the education and outreach program that will ensure the effective and non discriminatory implementation of the new system. To give sufficient time for implementation, the Court also orders Port Chester to hold its 2010 Trustee elections in June 2010. SO ORDERED (Signed by Judge Stephen C. Robinson on 4/1/2010) (rj)

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