U.S. District Court, Western District of New York Case Summaries:

Daily Record (Rochester, NY), Apr 4, 2008

U.S. District Court, Western District of New York

Housing Discrimination

Emergency Housing

Centeno v. Casselman

05-CV-6489T

Judge Telesca

Background: The plaintiffs in this action moved from Florida to New York in 2005. He is from Puerto Rico and his wife is African- American. Upon arriving in New York, the plaintiffs sought housing assistance from the Newark Housing Authority and were told there was a waiting list. Allegedly, they were laughed at by the workers. They now sue under the Fair Housing Act for racial discrimination "because they could think of no other reason why they would have been denied emergency housing, or shelter in public housing." When they eventually received public housing, they were unhappy with it. The plaintiffs also obtained subsidized, private housing in Geneva, New York, and lived there for approximately one month before returning to Florida, where they currently reside.

Ruling: To establish a case of housing discrimination based on race under the Fair Housing Act, the plaintiff must demonstrate that racial animus against the protected group was a significant factor in the position taken by the defendant. In this case, however, plaintiffs have failed to establish that any adverse act was taken against them and have failed to establish that any act taken against them was motivated by a discriminatory animus. The defendant's motion for summary judgment is granted.

Juan Centeno, plaintiff pro se, and Paul F. Murak, of Sliwa & Lane, for the defendant

Preliminary Injunction

Corrections Procedures

Mills v. Poole

07-CV-0351

Judge Arcara

Background: The plaintiff prisoner, pursuant to his prosecution of his suit against corrections officials for violations of his constitutional rights, seeks an injunction requiring the prison to alter its "non-privileged" mail rules. The plaintiff is using his mother, a registered nurse, as his medical expert and prison officials, not classifying her as an expert, open mail from her addressed to the plaintiff outside of his presence because such mail is not considered privileged. Non-privileged mail is limited to five pages per mailing, and as it is opened outside the presence of the recipient, plaintiff alleges that great delay and difficulty in prosecuting his claims has resulted.

Ruling: Where an injunction will alter the status quo by commanding a positive act, a movant seeking an injunction must demonstrate a clear likelihood of success on the merits and a showing of irreparable harm if the injunction is not granted. Injunctions seeking the performance of positive acts are more rarely granted and the court's recommendation notes the desire to avoid the judicial management of prisons. The plaintiff's motion for the injunction is denied.

Richard Mills, plaintiff pro se, and Kim S. Murphy, of the NYS Attorney General's Office, for the defendant