Legal Opinion

Monserrate v. NEW YORK STATE SENATE

District Court, S.D. New York

Decided February 19, 2010No. 10 Civ. 1106(WHP)PublishedCited by 5 opinions

1Opinion of the Court

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 claims. They move to preliminarily enjoin Defendants from enforcing a resolution expelling Mon-serrate from the Senate, holding a special election on…

2Cases cited68 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Morrissey v. BrewerSupreme Court of the United States · 1972
  3. Ex Parte YoungSupreme Court of the United States · 1908
  4. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  5. Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977

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3Cited by5 opinions

  1. Emmons v. City University of New YorkDistrict Court, E.D. New York · 2010
  2. Cunney v. Board of TrusteesDistrict Court, S.D. New York · 2014
  3. Rossito-Canty v. CuomoDistrict Court, E.D. New York · 2015
  4. Building and Realty Institute of Westchester and Putnam Counties, Inc. v. State Of New YorkDistrict Court, S.D. New York · 2020
  5. Hernandez v. Oregon House of RepresentativesDistrict Court, D. Oregon · 2021

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