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CCCIvModestoamended

CCCIvModestoamended

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Published by bmyeung

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Published by: bmyeung on Apr 04, 2012
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04/04/2012

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HellerEhrman
LLP
 
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FIRST AMENDED COMPLAINT
BRIAN P. BROSNAHAN (Cal. State Bar No. 112894)BETHANY A. GLOVER (Cal. State Bar No. 209423)ANAGHA DANDEKAR CLIFFORD (Cal. State Bar No. 233806)HELLER EHRMAN LLP333 Bush StreetSan Francisco, CA 94104-2878Telephone: (415) 772-6000Facsimile: (415) 772-6268ROBERT RUBIN (Cal. State Bar No. 85084)CHHAYA MALIK (Cal. State Bar No. 228581)LAWYERS COMMITTEE FOR CIVIL RIGHTS131 Steuart Street, Suite 400San Francisco, CA 94105Telephone: (415) 543-9444Facsimile: (415) 543-0296Additional Counsel Listed on Last PageUNITED STATES DISTRICT COURTEASTERN DISTRICT OF CALIFORNIATHE COMMITTEE CONCERNINGCOMMUNITY IMPROVEMENT, SOUTHUNITED NEIGHBORS, DAVID CARO,MANUEL ESPINO, HORTENCIAFRANCO, LUPE HUESCA, FLORINDALAUREANO, ENA LOPEZ, BLANCAMARTINEZ, GRISELDA MARTINEZ,SALVADOR GUTIERREZ MARTINEZ,JAZMIN MERCADO, JUAN MERCADO,MAGDALENA MERCADO, JUANPEREZ, GLORIA PIMENTEL, ALFONSORIVERA, DARREN SCHAEFFER, ANDELVIRA VILLALOBOS,Plaintiffs,v.CITY OF MODESTO, COUNTY OFSTANISLAUS, and STANISLAUSCOUNTY SHERIFF,Defendants.Case No.: CIV-F-04-6121 REC DLB
FIRST AMENDED COMPLAINT
Case 1:04-cv-06121-LJO -DLB Document 67 Filed 04/06/05 Page 1 of 21
 
HellerEhrman
LLP
 
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FIRST AMENDED COMPLAINT
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I. NATURE OF THE CASE
1. In this case, Plaintiffs seek to end the severe harm to their health, safety anddignity caused by Defendants’ unlawful discrimination based on race, ethnicity, color,ancestry or national origin. Plaintiffs are seventeen residents of predominantly Latinoneighborhoods in unincorporated areas of Stanislaus County and two community groupsrepresenting their interests. Defendants are the City of Modesto (“City” or “Modesto”), theCounty of Stanislaus (“County” or “Stanislaus County”) and agencies and officials of theirgovernments. As a direct result of the actions and inactions of Defendants’ over manyyears, Plaintiffs’ neighborhoods receive substantially fewer municipal services thanpredominantly White unincorporated neighborhoods surrounded by the City.2. Although Plaintiffs’ neighborhoods are essentially urban areas, Plaintiffs areforced to do without basic amenities. Some or all of these neighborhoods, in contrast topredominantly White unincorporated neighborhoods and surrounding City land, have nostreet lighting, no sidewalks, less effective law enforcement protection, no proper sanitation,inadequate storm drainage, and streets that are barely maintained or patrolled. Theinsufficient law enforcement presence gives rise to additional health and safety hazards forPlaintiffs and their children.3. Defendant Modesto has grown over the past several decades by steadily annexingparcels of land largely owned and occupied by Whites. While predominantly Whiteneighborhoods have been annexed, the City has left predominantly Latino neighborhoodswhere Plaintiffs reside out of its growth, annexing around them. As a result, theseneighborhoods are now isolated pockets of unincorporated, under-served land within the jurisdiction of the County and are nearly or entirely surrounded by the City. Although thedeplorable conditions in Plaintiffs’ neighborhoods caused by Defendants’ discriminatorytreatment have been known to Modesto for some time, the City has all but ignored thesedire conditions.4. Defendant Stanislaus County in turn has failed to provide Plaintiffs, its residents,with adequate services and has also failed to provide equal services between Latino and
Case 1:04-cv-06121-LJO -DLB Document 67 Filed 04/06/05 Page 2 of 21
 
HellerEhrman
LLP
 
12345678910111213141516171819202122232425262728
FIRST AMENDED COMPLAINT
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White unincorporated urban areas. Although the discrimination and the resulting deplorableconditions in Plaintiffs’ neighborhoods have been known to Stanislaus County for sometime, the County has refused to correct these dire conditions or otherwise respond toPlaintiffs’ pleas for help.5. Plaintiffs have suffered severe and ongoing harm as a result of Defendants’failure to provide basic municipal services, including ongoing damage to the health, safetyand dignity of Plaintiffs and their children. Defendants’ acts and omissions constitutediscrimination against Plaintiffs based on their race, ethnicity, color, ancestry or nationalorigin in violation of state and federal law.
II. JURISDICTION
6. This Court has jurisdiction over all counts asserted in this complaint pursuant to28 U.S.C. § 1331 and 28 U.S.C. § 1367. The Court has jurisdiction over the first twocounts pursuant to 28 U.S.C. §§ 1331 because they arise under the laws of the United Statesor the United States Constitution and seek to redress a deprivation of Plaintiffs’ civil rightsunder color of state law. The Court has supplemental jurisdiction over the third throughfifth counts pursuant to 28 U.S.C. § 1367 because those counts, which arise under state law,are so related to the counts arising under federal law that they form part of the same case orcontroversy.7. Plaintiffs are residents of, and organizations located in, Stanislaus County.Venue is proper pursuant to 28 U.S.C. § 1391(b) because a substantial part of the eventsgiving rise to Plaintiffs’ claims occurred in this District and because Defendants City of Modesto and County of Stanislaus are located in this District.
III. THE PARTIES
8. Plaintiffs reside in “islands” of unincorporated County land, inhabited primarilyby Latinos, surrounded by the southwestern region of the City of Modesto. Thesepredominantly Latino unincorporated areas in which Plaintiffs live have informal namesthat are well known by the residents and by officials of the City and the County. Amongthe predominantly Latino unincorporated areas are neighborhoods known informally as
Case 1:04-cv-06121-LJO -DLB Document 67 Filed 04/06/05 Page 3 of 21

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