SANTA ANA, CA – The U.S. District Court for the Central District of California once again rejected a request for a new trial in the Flores v. City of Westminster case late last week. Additionally, the Court denied the Defendant’s claims that there was not substantial evidence to support the jury’s findings and verdict, and the court also awarded MALDEF and co-counsel Alexander Krackow + Glick LLP (AKG) $3.3 million in fees and costs.
News Releases
SANTA FE COURT DECLARES EDUCATION A FUNDAMENTAL RIGHT AND ALLOWS LANDMARK EDUCATION CASE TO MOVE FORWARD
SANTA FE, NM – Yesterday, Judge Sarah Singleton, in the First Judicial District Court of New Mexico, rejected the State’s Motion to Dismiss in Martinez v. State of New Mexico, a case brought by MALDEF on behalf of parents and students who are low-income, English Language Learners (“ELL”), and/or receiving special education services. In this foundational case, the students charged the State with violating their fundamental right to a sufficient education, and their right to equal protection and due process of the law as required under the New Mexico Constitution.
MALDEF POSITION ON OREGON BALLOT PROPOSITIONS
CIVIL RIGHTS GROUPS SEEK TO COMPEL KERN HIGH SCHOOL DISTRICT TO ELIMINATE DISCRIMINATORY SUSPENSION AND EXPULSION POLICIES
BAKERSFIELD, CA – A coalition of civil rights legal advocates, including MALDEF, California Rural Legal Assistance, Inc., Equal Justice Society, and Greater Bakersfield Legal Assistance, Inc., today filed suit in Kern County Superior Court to compel Kern High School District (KHSD) to eliminate a variety of discriminatory disciplinary policies and practices that disproportionately impact students of color. The suit was filed on behalf of Latino and African American students and parents, as well as community members and community organizations, who have suffered the impacts of discriminatory expulsion and school assignment policies, and who have sought to bring equity to the KHSD system without success.
MALDEF AND NDLON FILE LAWSUIT AGAINST CITY AND POLICE DEPARTMENT OF BALDWIN PARK FOR VIOLATION OF CALIFORNIA TRUST ACT
LOS ANGELES, CA – MALDEF, together with co-counsel from the National Day Laborer Organizing Network (NDLON) and the Immigrant Rights Clinic at the University of California at Irvine School of Law, today filed a lawsuit, Flores v. City of Baldwin Park, alleging that the Baldwin Park Police Department and the City of Baldwin Park unlawfully imprisoned Sergio Flores at the Baldwin Park Police station, detaining him solely on the basis of an “immigration hold,” in violation of the California TRUST Act.
MALDEF FILES LAWSUIT TO PROTECT CARWASHEROS FIRED IN ACT OF ILLEGAL EMPLOYER RETALIATION
LOS ANGELES, CA – MALDEF and the Wage Justice Center filed a lawsuit on behalf of two car wash workers — “Carwasheros” as they identify themselves — who were fired after participating in a wage class action suit against their employers. Previously, MALDEF prevailed in its efforts to ensure access to court in an ongoing class action lawsuit filed on behalf “Carwasheros” of three car washes operating in Los Angeles and Santa Monica. The current lawsuit alleges that two of those defendants, Silver Wash, Inc. (doing business as Santa Monica Car Wash and Detailing) and Gold Wash (doing business as Bubble Bee Car Wash), have retaliated against two plaintiffs for taking part in the original class action suit.
MALDEF AND OTHER GROUPS FILE COMPLAINT DETAILING SEXUAL ABUSE, EXTORTION, AND HARASSMENT OF WOMEN AT ICE FAMILY DETENTION CENTER IN KARNES CITY
SAN ANTONIO, TX – Attorneys from MALDEF (Mexican American Legal Defense and Educational Fund), the Immigration Rights and Civil Rights Clinics at the University of Texas Law School, Human Rights First, and the Law Office of Javier N. Maldonado, filed a complaint earlier this week with the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) demanding the immediate investigation of and swift response to widespread allegations of sexual abuse and harassment at the detention center in Karnes City.
TRAVIS COUNTY DISTRICT COURT DECLARES CURRENT TEXAS SCHOOL FINANCE SYSTEM UNCONSTITUTIONAL–AGAIN
AUSTIN, TX – Today, Travis County District Court Judge John K. Dietz issued his final judgment, declaring the current Texas school finance system inadequate, unsuitable, and inequitable for Texas school children under Article VII, Section 1 of the Texas Constitution, and in violation of the prohibition on a state ad valorem tax under Article VIII, Section 1-e. “Rather than attempt to solve the problem, the State has buried its head in the sand, making no effort to determine the cost of providing all students with a meaningful opportunity to acquire the essential knowledge and skills reflected in the state curriculum and to graduate at a college- and career-ready level,” Judge Dietz stated in his scathing rebuke of the school system. This long-anticipated ruling follows a three-week hearing earlier this year after Judge Dietz reopened the evidence in the wake of statutory changes made to the public education system during the 2013 Legislative session. On February 4, 2013, he issued a similar ruling from the bench following a three-month trial.
CIVIL RIGHTS GROUPS FILE ADMINISTRATIVE COMPLAINT AGAINST KERN HIGH SCHOOL DISTRICT AND KERN COUNTY OFFICE OF EDUCATION
SACRAMENTO, CA – A group of civil rights advocates including California Rural Legal Assistance, Inc., Equal Justice Society, Greater Bakersfield Legal Assistance, Inc., and the Mexican American Legal Defense and Educational Fund (MALDEF) today filed an administrative complaint with the California Department of Education (“State”) demanding that it directly intervene and investigate the illegal school funding allocations of over 6 million dollars by the Kern High School District (“Kern District”) and Kern County Office of Education (“Kern County”).
MALDEF, CIVIL RIGHTS GROUPS URGE PRESIDENT TO ENSURE AFFIRMATIVE RELIEF FOR UNDOCUMENTED LGBTQ IMMIGRANTS
WASHINGTON, D.C. – MALDEF and twelve other LGBTQ, Latino, and Asian American advocacy and civil rights organizations yesterday sent a letter to President Obama, urging him to ensure that any affirmative relief for undocumented immigrants does not unfairly exclude members of the LGBTQ community. The letter comes in response to ongoing discussion surrounding the President’s announcement that his Administration is exploring avenues to provide affirmative relief to many of the undocumented in light of congressional inaction.
JUDGE UPHOLDS MALDEF WESTMINSTER POLICE VERDICT
WASHINGTON, D.C. – The U.S. District Court for the Central District of California rejected a request for a new trial in the Flores v. City of Westminster case earlier this week. The Court’s decision upholds the jury’s verdict finding that Westminster discriminated and retaliated against the Latino police officers who were denied promotions and special assignments. The Court also ruled that the jury’s decision awarding $3.34 million in damages to the three Latino officers will stand.
TEXAS APPLESEED AND MALDEF FILE FEDERAL COMPLAINT CHALLENGING LEAGUE CITY RESOLUTION THAT BANS CHILD REFUGEES
AUSTIN, TX – A complaint filed today with the U.S. Department of Housing and Urban Development challenges a resolution passed by League City, Texas, that denies housing to child refugees in their city. The complaint is the first action of its kind since jurisdictions in Texas began passing anti-refugee resolutions in response to the 57,000 children who have arrived at the U.S. border this year to escape violence in countries including El Salvador, Honduras and Guatemala.
FIFTH CIRCUIT UPHOLDS UNIVERSITY OF TEXAS HOLISTIC ADMISSIONS PROGRAM
AUSTIN, TX – Today, in Fisher v. University of Texas at Austin, the federal Fifth Circuit Court of Appeals upheld the University of Texas at Austin’s holistic admissions plan, affirming the university’s ability to consider the race of an applicant as one of many factors in its admissions decisions. The U.S. Supreme Court remanded the case to the Fifth Circuit in June 2013, after it held that the Fifth Circuit had not applied the correct standard in judging the University of Texas admissions program. On remand, the Fifth Circuit received briefing from the parties, as well as from MALDEF, which filed an amicus brief on behalf of twenty state and national Latino organizations urging the court to affirm the constitutionality of UT-Austin’s plan as a complement to the Top Ten Percent Plan.
MALDEF FILES SUIT AGAINST CITY OF BELLFLOWER FOR VIOLATING CALIFORNIA VOTING RIGHTS ACT
BELLFLOWER, CA – Today, MALDEF, together with the law firm of Goldstein, Borgen, Dardarian & Ho, and the Law Offices of Robert Rubin, filed suit against the City of Bellflower for violating the California Voting Rights Act of 2001 (“CVRA”). The City uses an at-large method to elect its Council Members, which has denied Latino and African American residents the opportunity to elect Council Members of their choice.
CITY OF MERCED AGREES TO LET VOTERS DECIDE THIS NOVEMBER ON BY-DISTRICT ELECTIONS
MERCED, CA – Late last night, the City of Merced voted to place on the November ballot an ordinance that would change the at-large election system to a by-district system for each of the six seats on the Merced City Council. The council supports the measure as the most appropriate course of action to ensure optimal geographic representation on the council, and to ensure that all city residents are able to elect candidates of their choice.