United States v. City of Yonkers
United States Court of Appeals for the Second Circuit
856 F.2d 444 (1988), cert. denied in part, 489 U.S. 1065 (1989), and rev'd in part, sub nom. Spallone v United States, 493 U.S. 265 (1990)
- Written by Rose VanHofwegen, JD
Facts
In 1980, the United States (plaintiff) sued the City of Yonkers (the city) (defendant) for intentional discrimination in violation of the Constitution and Title VII of the Civil Rights Act of 1964 by segregating low-income housing projects into minority neighborhoods. The court ordered the city to implement remedial measures including a long-range subsidized housing plan. The city had previously agreed to provide sites for 200 public-housing units to receive a $30 million federal Housing and Urban Development grant. The court ordered the city to propose sites and present a plan for the housing, but the city did not comply. After the United States and intervenor the National Association for the Advancement of Colored People moved to hold the city in contempt, the parties agreed to a consent decree setting an 800-unit target. The city council approved the decree, and the court entered the decree as a consent judgment. When citizens vehemently protested, the city violated the decree, requested modification, and offered to return the grant. The court refused modification and ordered the city to enact legislation implementing the long-term plan, but the city council voted down a resolution to do so. Ultimately the court held the city and the four council members who voted against the legislation in contempt, subject to a $500 fine per day and jail for each council member and a $100 fine, doubling daily, against the city that would exceed $1 million per day by day 15. The city and council members appealed on multiple grounds.
Rule of Law
Issue
Holding and Reasoning (Newman, J.)
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