Bianchi v. Griffing
Citation | 217 F. Supp. 166 |
Decision Date | 08 April 1963 |
Docket Number | No. 62 C 821.,62 C 821. |
Parties | I. William BIANCHI, Jr., and Quentin B. Sammis, Plaintiffs, v. Evans K. GRIFFING et al., Defendants. |
Court | U.S. District Court — Eastern District of New York |
Frederic Block, Port Jefferson Station, N. Y., and Cahn & Cahn, Huntington, N. Y., Frederic Block, Port Jefferson Station, N. Y., Richard C. Cahn, Huntington, N. Y., of counsel, for plaintiffs.
George W. Percy, Jr., Suffolk County Atty., Stanley S. Corwin, Greenport, N. Y., of counsel, for defendants.
The defendants move to dismiss the complaint on the grounds that (1) no substantial federal question is raised; (2) the Court lacks jurisdiction over the subject matter; (3) the complaint fails to state a claim upon which relief can be granted; (4) the Court should abstain from exercising its equitable jurisdiction; and (5) there has been a failure to join an indispensable party.
The plaintiffs in their various capacities as citizens, taxpayers and voters of Suffolk County, New York, seek (1) judgment pursuant to 28 U.S.C.A. §§ 2201 and 2202 declaring invalid under the due process and equal protection clauses of the Fourteenth Amendment of the Constitution of the United States, so much of Section 203 of the Suffolk County Charter which provides that the defendants, constituting the Board of Supervisors of said County, shall each have one vote as members of the said Board, and (2) an injunction to restrain the defendants from acting in their collective capacity as such Board until a constitutional change in the voting system is duly made and adopted pursuant to applicable law.
Jurisdiction is asserted and relief requested both under the Civil Rights Act, 42 U.S.C.A. §§ 1983, 1988 and 28 U.S.C.A. § 1343(3) (4). Plaintiffs seek the convening of a three-judge court, pursuant to 28 U.S.C.A. § 2281 insofar as an injunction is sought restraining the enforcement or execution of a State statute.
It is alleged that each of the defendants resides in, and represents the voters of, one of the ten towns in Suffolk County; that the population of these towns varies from 1,367 to 191,280; that each defendant casts one vote without regard to the number of persons he represents; that the voting power is distributed solely on a geographic basis, that is one vote per town. It is further alleged that this arrangement arbitrarily exalts the voting strength of persons residing in the less populated towns, with no justification other than the present invidiously discriminatory geographic classification.
In Baker v. Carr, 369 U.S. 186, at page 199, 82 S.Ct. 691, at page 700, 7 L.Ed.2d 663, the Court held in part:
To continue reading
Request your trial-
Moody v. Flowers
......Mayor and City Council of Baltimore, 234 F.Supp. 945 (D.Md.1964); Simon v. Lafayette Parish Police Jury, 226 F.Supp. 301 (W.D.La.1964); Bianchi v. Griffing, 217 F.Supp. 166 (E.D.N.Y. 1963); Brower v. Bronkenia, Cir. Ct. for Kent County, Michigan (Sept. 11, 1964); Seaman v. Fedourich, 45 ......
-
Hadley v. Junior College Dist. of Metropolitan Kansas City, 52758
...City Council of Baltimore, D.C.Md. (1964), 234 F.Supp. 945; Brouwer v. Bronkema, Circ. Ct. Kent Co. Mich. (1964); Bianchi v. Griffing, E.D.N.Y. (1963--1965), 217 F.Supp. 166; 238 F.Supp. 997; and Damon v. Lauderdale County Election Commissioners, (Civil Action 1197--E) U.S.D.C., S.D. Miss. ......
-
Delozier v. Tyrone Area School Board
...Governor or United States Senator. State ex rel. Sonneborn v. Sylvester, 1965, 26 Wis. 2d 43, 132 N.W.2d 249; see also Bianchi v. Griffing, E.D.N.Y.1963, 217 F.Supp. 166." (p. 372) "But the citizen's constitutional right to equality as an elector, as declared in the relevant Supreme Court d......
-
State ex rel. Sonneborn v. Sylvester
...decided on the merits. Simon v. Lafayette Parish Police Jury (W.D.La., 1964), 226 F.Supp. 301; Bianchi v. Griffing (E.D., N.Y., 1963), 217 F.Supp. 166. Not directly in point are Hedlund v. Hanson (D.Minn., 1962), 213 F.Supp. 172, and Ludwig v. Board of County Commissioners of Saspy County (......