X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION & ORDER Plaintiff Rene Alvarado Mejia (“Plaintiff”) brings this action, on behalf of himself and all others similarly situated, against Defendants County of Rockland, the Honorable Donna G. Siberman, in her official capacity as County Clerk of Rockland County and the New York Unified Court System (“NYUCS”), for, inter alia, violation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the U.S. Constitution, the Privileges and Immunities Clause of the U.S. Constitution, Title VI of the Civil Rights Act of 1964, and the New York State Executive Law §296, et seq. (“NYSHRL”). (First Amended Complaint, “FAC.,” ECF No. 8.) Defendant NYUCS moves to dismiss Plaintiff’s FAC under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). (the “Motion”, ECF No. 23.) For the following reasons, Defendant NYUCS’ Motion is GRANTED. BACKGROUND I. Factual Background The following facts are taken from the FAC and assumed to be true for the purposes of Defendant NYUCS’ Motion. On or about July 29, 2022, Plaintiff’s attorney in a criminal matter before the Suffern Justice Court called the Rockland County Drug Court (“Drug Court”) on Plaintiff’s behalf and informed the Drug Court that Plaintiff has a pending case before the Suffern Justice Court for Driving While Intoxicated, was referred to the Drug Court by the Suffern Justice Court, and that Plaintiff is a limited English proficient (“LEP”) person and would require translation services in Drug Court. (FAC

32-33.) The Drug Court informed Plaintiff’s attorney that “although the Plaintiff’s criminal charges qualify for Drug Court, Drug Court does not provide translation services and consequently that Plaintiff would not be allowed to participate in Drug Court despite being otherwise qualified for Drug Court.” (Id. 34.) Because of the Drug Court’s failure to provide translation and interpretation services, Plaintiff, as well as a putative class of Spanish-speaking LEP individuals, is continuously denied access to Drug Court. (Id.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

Description: Fox Rothschild has an opening in the New York office for an attorney in our renowned Labor & Employment Department, working...


Apply Now ›

Our client, a large, privately-owned healthcare company, has engaged us to find an Assistant General Counsel for their headquarters located ...


Apply Now ›

A prestigious matrimonial law firm in Garden City is seeking a skilled Associate Attorney with 5 to 7 years of experience in family law. The...


Apply Now ›