15-127-cvnylawyer.nylj.com/adgifs/decisions16/012216cuny.pdf · 2016-01-22 · 15-127-cv united...

15-127-cv

United States Court of Appeals

for the Second Circuit

SARAH HUSAIN, DEVON BLINTH, COLLEEN McGRAHAM, JEFF McGRAHAM, KATHLEEN

McHUGH, MARC J. PESEAU, NEIL SCHULDINER, and WILLIAM WHARTON,

Plaintiffs-Appellants,

v.

MARLENE SPRINGER,

Defendant-Appellee.

Appeal from the United States District Court

for the Eastern District of New York

AMICI CURIAE STATEMENT OF CURRENT AND FORMER STUDENTS AND

FACULTY OF THE CITY UNIVERSITY OF NEW YORK AND SUPPORTERS

IN SUPPORT OF APPELLANTS' PETITION FOR REHEARING EN BANC

Nicholas A. Penkovsky

The Penkovsky Law Group, P.C.

43 West 43rd Street

New York, NY 10036

Telephone: (347) 603-7676

Myron Beldock

Marc A. Cannan

Beldock Levine & Hoffman LLP

99 Park Avenue, Suite 2600

New York, NY 10016

Telephone: (212) 490-0400

Roger S. Wareham

Attorney-at-Law

394 Putnam Avenue

Brooklyn, NY 11216

Telephone: (718) 230-5270

James I. Meyerson

1065 Avenue of the Americas, Suite 300

New York, NY 10018

Telephone: (212) 344-7474

Cover Continued on Next Page

Case 15-127, Document 173-3, 01/03/2016, 1674485, Page1 of 34

OF COUNSEL:

Gary Ireland

Law Offices of Gary Ireland

530 Fifth Avenue, 23rd Floor

New York, NY 10036

Telephone: (212) 991-5468

OF COUNSEL:

Ronald L. Kuby

119 West 23rd Street, Suite 900

New York, NY 10011

Telephone: (212) 529-0223

OF COUNSEL:

Joel R. Kupferman

225 Broadway, Suite 2625

New York, NY 10007

Telephone: (212) 334-5551

OF COUNSEL:

Clif Bennette

25 Christopher Road

Mt. Kisco, NY 10549

Telephone: (914) 346-7009

OF COUNSEL:

Michael W. Warren

Michael W. Warren, P.C.

30 Wall Street, Suite 800

New York, NY 10005

Telephone: (212) 709-8200

OF COUNSEL:

Delmas A. Costin, Jr.

Law Office of Delmas A. Costin, Jr.

177 E. 161st Street

Bronx, NY 10451

Telephone: (718) 618-0589

OF COUNSEL:

Mark Yu

75 Wall Street, Suite 20J

New York, NY 10005

Telephone: (212) 837-8531

Attorneys for Amici Curiae

Current and Former Students and Faculty of the City University of New York

and Supporters


i

TABLE OF CONTENTS

TABLE OF AUTHORITIES………………………………………..……………...ii

STATEMENT OF AMICI CURIAE……………………………………..…………1

SUMMARY OF ARGUMENT………………………………...……..……………1

ARGUMENT

I. THE COURT SHOULD GRANT EN BANC REVIEW BECAUSE THE

PANEL'S SUMMARY ORDERS AFFIRMING THE DISTRICT COURT’S

UNPRECEDENTED AND UNFAIR JUDGMENT SERIOUSLY

JEOPARDIZES CITY UNIVERSITY OF NEW YORK STUDENTS AND

STUDENTS AT OTHER PUBLIC COLLEGES FROM RETAINING

EXPERIENCED AND COMPETENT COUNSEL TO PROTECT THEIR

CONSTITUTIONAL RIGHTS…………………………………….......……2

1. The Purpose of Fee Shifting is to Allow Persons Lacking Monetary

Assets, Such As the Students in this Case, to Retain Quality Legal

Representation.………………………………………………………...…3

2. Attorney Ronald B. McGuire has Specialized for more than Two

Decades in Protecting CUNY Students’ Constitutional

Rights…….........................................................................................…....4

3. The Panel’s Affirming of the District Court’s Order Reducing Ronald B.

McGuire’s Attorney’s Fees and Costs Requested is Dangerously Chilling

and Will Deter Attorneys From Litigating Legitimate Civil Rights Claims

of CUNY Students and Other Civil Rights’ Litigants of Limited

Means…….…………………...………………………….....6

II. THE DEFINITION OF “REASONABLE” ATTORNEY’S FEES IN THE

PANEL’S INTERLOCUTORY SUMMARY ORDER (“HUSAIN VII”) IS

FATALLY FLAWED IN ITS RELIANCE ON CARROLL v. BLINKEN

NOW OVERRULED BY PERDUE v. KENNY A. (2010).……………..7

CONCLUSION………………………………………………………………….....8


ii

TABLE OF AUTHORITIES

Cases Page(s)

Apollon v. Giuliani, 168 Misc.2d 363 (Sup. Ct., N.Y. Cnty. 1995)…………….3, 5

Carroll v. Blinken, 105 F.3d 79 (2d Cir. 1997)……………..……….…………..7, 8

City of Burlington v. Dague, 505 U.S. 557 (1992)…………………………..……..7

Gisbrecht v. Barnhart, 535 U.S. 789 (2002).……………….……………….…..7

Husain v. Springer (“Husain VII”), 579 F. Appx. 3 (2d Cir. 2014)…………..…1, 7

Husain v. Springer (“Husain VIII”), 97-cv-2982 (E.D.N.Y. dated December 9,

2014, entered December 10, 2014)...…………………………...………………..…

1

Husain v. Springer (“Husain IX”), 15-127 (2d Cir. 2015)…………….…………...1

Millea v. Metro-North R.R., 658 F.3d 154 (2d Cir. 2011)………………………….8

Perdue v. Kenny A., 559 U.S. 542 (2010).………………………………...…….7, 8

Perez v. Giuliani, 182 Misc. 2d 398 (Sup. Ct., N.Y. Cnty. 1999)….……………....5

Smith v. City University of New York, 92 N.Y.2d 707 (1999)……………………...5

Statutes

Federal Rule of Appellate Procedure 29………………………………..….……….1

Local Rule of the Court of Appeals for the Second Circuit 29.1(b)………………..1


1

STATEMENT OF AMICI CURIAE

Amici curiae, 155 current and former students and faculty of the City

University of New York (“CUNY”) and supporters submit this statement in

support of Plaintiffs’ petition for rehearing en banc, pursuant to F.R.A.P. 29 and

Second Circuit Rule 29.1(b).1 Plaintiffs' Counsel consents and Defendant's Counsel

opposes filing this. this motion..

The panel's interlocutory summary order Husain v. Springer (“Husain VII”),

579 F. Appx. 3 (2d Cir. 2014), and final summary order, Husain v. Springer

(“Husain IX”), 15-127 (2d Cir. 2015) (Document No. 152-1), affirming the district

court’s decision, Husain v. Springer (“Husain VIII”), 97-cv-2982 (E.D.N.Y. dated

December 9, 2014, entered December 10, 2014) (Doc. No. 550), necessarily harms

CUNY students’ ability to protect their civil rights.

SUMMARY OF THE ARGUMENT

Although the panel's Summary Orders have no precedential effect, courts

1 Plaintiffs’ attorney, Ronald B. McGuire, checked factual accuracy of this

statement, but did not author any part of it, except for editing part of this footnote.

Before 2002 Nicholas Penkovsky represented two Plaintiffs pro bono in two other

cases where Defendant was a defendant. In 2000 Mr. Penkovsky made three pro

bono appearances in this case assisting Mr. McGuire. Mr. Penkovsky performed no

other work on this case and has not represented any Plaintiffs since 2002. In 2010

Mark Yu worked 49.3 hours on this case as an unpaid volunteer law clerk in Mr.

McGuire's office. Mr. Yu never represented any Plaintiffs as a lawyer, but, after

being admitted to the bar in 2011, he spent approximately 27 hours as a volunteer

proofreading and performing clerical tasks in this case. Except as set forth above,

no party's counsel authored this statement in whole or in part or contributed money

intended to fund preparing or submitting this statement.


2

will assign them persuasive value on the issue of attorney's fees and costs in future

litigation involving CUNY student plaintiffs and students at other public colleges,

negatively impacting their ability to retain counsel and assert their constitutional

rights. Plaintiffs' Attorney Ronald B. McGuire, has devoted his career to serving

the unmet legal needs of CUNY students. The panel's rulings, despite this case

establishing important precedents on the fundamental rights of college students2

will deter other attorneys from litigating similar civil rights claims and remedying

similar situations.

ARGUMENT

I

THE COURT SHOULD GRANT EN BANC REVIEW BECAUSE THE

PANEL'S SUMMARY ORDERS AFFIRMING THE DISTRICT

COURT’S UNPRECEDENTED AND UNFAIR JUDGMENT

SERIOUSLY JEOPARDIZES CITY UNIVERSITY OF NEW YORK

2 These precedents are: 1. Public college officials may not require editors of

newspapers funded by student activity fees to “balance” published viewpoints; 2.

An unconstitutional viewpoint based restriction on a student newspaper need not

be a prior restraint or a denial or reduction in funding or administrative discipline

of a student journalist; 3. An adverse action by a college official against third

parties unaffiliated with a student newspaper is a viewpoint based restriction on the

newspaper if the action is taken in response to viewpoints published in the

newspaper and the adverse action against the third parties affects the subsequent

editorial decisions of the editors and staff of the newspaper; 4. A public college

official who violates established First Amendment rights is not entitled to qualified

immunity on the ground that the specific restriction imposed has not been

previously held to be unconstitutional; and 5. Students unaffiliated with student

activity fee funded publications who pay student activity fees have standing to sue

for viewpoint based restrictions on student activity fee funded publications where

students are the intended recipients of the restricted speech. See also Plaintiffs-

Appellants Amended Brief [Corrected Copy], Document 94-1, Pages 36-41.


3

STUDENTS AND STUDENTS AT OTHER PUBLIC COLLEGES

FROM RETAINING EXPERIENCED AND COMPETENT COUNSEL

TO PROTECT THEIR CONSTITUTIONAL RIGHTS

1. The Purpose of Fee Shifting is to Allow Persons Lacking Monetary Assets,

Such As the Students in this Case, to Retain Quality Legal Representation.

The purpose of fee shifting is to allow plaintiffs unable to afford counsel to

protect their civil rights and prevent violators from acting with impunity. CUNY

students' lack of access to counsel arises from their condition as indigent and low-

income civil litigants. CUNY students have also unsuccessfully approached

nonprofit organizations to represent them. These organizations have often declined,

due to limited resources, different priorities, and the high risks involved in such

cases. Plaintiff Sarah Husain described this in her June 28, 2010 declaration:

“Apollon v. Giuliani is an example of one of the cases where Mr. McGuire

successfully represented CUNY students after several non-profit civil rights

law firms declined to take the case. Before Mr. McGuire filed Apollon the

NAACP Legal Defense and Education Fund, the Puerto Rican Legal

Defense and Education Fund (PRLDEF) and the Asian American Legal

Defense and Education Fund all declined to take the case on the ground that

they had insufficient resources or other priorities. PRLDEF eventually

joined the case as Mr. McGuire's co-counsel only after Mr. McGuire filed

the lawsuit himself. Over the years students from the CUNY Coalition

unsuccessfully approached these firms and lawyers from other non-profit

civil rights law firms, including the Center for Constitutional Rights and the

New York Civil Liberties Union, to ask these firms to represent CUNY

students on issues relating to funding, speaker bans and other violations of

students' rights. However, lawyers from these firms have [sic] us that they

could not take our cases because of limited resources or other priorities, the

difficulties of proving our cases and the risk of being unsuccessful.”

Joint Appendix 1036-1037, ¶10, see also JA1066-

JA1067, Declaration of Ydanis Rodriguez in

Support of Motion for Attorney Fees at ¶12.


4

Attorney McGuire has dedicated his career to ameliorating this lack of access to

representation. JA791, ¶61. He represented hundreds of CUNY students in state

and federal lawsuits, as well as disciplinary and criminal cases arising from civil

disobedience. JA759-JA760, ¶8; JA791-JA792, ¶62. From 1991 to 2010, Attorney

McGuire was the only attorney in New York State (NYS) with reported decisions

representing CUNY student journalists or CUNY students in First Amendment,

NYS Open Meetings Law, and NYS Freedom of Information Law cases, except

for one case where he was lead counsel. JA797-JA798, ¶74.

2. Attorney Ronald B. McGuire has Specialized for more than Two Decades in

Protecting CUNY Students’ Constitutional Rights.

Attorney McGuire has been the foremost advocate and leading expert on

CUNY students’ civil rights . Hon. Ydanis Rodriguez, current member of the New

York City Council representing the 10th District of Manhattan since 2009 and

former chairman of the Council's Committee on Higher Education, is a former

CUNY student and, as an immigrant student activist who faced expulsion in 1991,

was a client of Attorney McGuire. Councilmember Rodriguez explained the central

role of Attorney McGuire in the broad reform of the CUNY civil rights landscape:

“When Mr. McGuire began his career as a student rights lawyer students,

including myself, accepted the civil rights catastrophe he condemned as

simply the natural state of affairs. Administrators would ban speakers,

suspend students without the due process required by the CUNY bylaws and

routinely close meetings to students where decisions were made about policy

and funding. As a result of Mr. McGuire's work the speaker bans are a thing


5

of the past and CUNY is now governed by the state's Open Meetings Law

and Freedom of Information Laws that were denied in the past and CUNY

governance bodies and their committees no longer vote by secret ballot. See,

Perez v. City University, 5 N.Y.3d 522 (2005); Smith v. City University, 92

N.Y.2d 707 (1999). The City cannot cut community college funding in

violation of the state's maintenance of effort law. Apollon v. Giuliani, 168

Misc. 2d 363, 637 N.Y.S.2d 270 (N.Y. County Supreme Ct. 1995) and the

City can't impose conditions on its funding to CUNY's community colleges.

Perez v. Giuliani, 182 Misc. 2d 398, 697 N.Y.S.2d 470 (N.Y. County

Supreme Ct. 1999). Even in cases where Mr. McGuire's clients did not

ultimately prevail he advanced the interests of his student clients because

CUNY administrators now know that students have an advocate who is

willing and able to represent them in court and to take cases on multiple

appeals to win student rights.”

JA1069-1070 at ¶15.

Colleagues of Attorney McGuire have declared that he has more experience

representing college students’ civil rights than any other lawyer in New York City.

See JA966 at ¶4; JA984-985 at ¶5; JA993-994 at ¶5. Attorney Roger S. Wareham,

who worked with him on several cases, noted in a June 15, 2010 declaration:

“Mr. McGuire is without doubt the most experienced and successful civil

rights attorney in New York City representing college students and student

journalists with First Amendment claims and he has a particular expertise

representing students at CUNY colleges that contributes to his many

successful outcomes for his clients.”

JA984-985 at ¶5.

In his August 18, 2010 declaration, Attorney Kenneth Kimerling, who

argued five cases before the United States Supreme Court, see JA965 at ¶3, stated:

“While there are two non-profit organizations, the NYCLU and the Center

for Constitutional Rights, that also provide legal assistance on First

Amendment claims, neither of the those organizations have as much

experience as Mr. McGuire with the rights of college students.”

JA966 at ¶4.


6

Throughout his career, Attorney McGuire combined an expertise in students'

rights with a unique willingness to take difficult cases many other attorneys would

decline, as recognized by his colleagues. JA989-990 at ¶12; JA995 at ¶7; JA1030-

1031, ¶19-20. Attorney Scott A. Korenbaum said in his April 12, 2010 declaration:

“This action is not, and has never been, a garden variety police misconduct

or employment discrimination matter, which would result only in a

significant award of monetary damages to the plaintiffs. For this reason

alone, many of my colleagues would shy away from taking on such a

burden. Rather, as the decisions of this Court and the Second Circuit make

clear, this action involved important, unsettled First Amendment principles

regarding the ability of high-ranking officials to chill speech deemed

undesirable in the limited public forum where the recovery of damages was

inconsequential to the litigation’s raison d’etre. Through this action,

plaintiffs forced the CUNY defendants to abandon its previously asserted

right to 'cancel any election in response to endorsements or opinions on

elections published in student newspapers. . . .' Husain v. Springer (“Husain

I”), 193 F. Supp. 2d 664, 670 (E.D.N.Y. 2002).”

JA1030-1031, ¶19-20.

Hon. Rodriguez described Attorney McGuire as “on 24 hour call.” JA1064

at ¶7. Plaintiff Sarah Husain stated: “Over the years CUNY student activists and

student journalists learned that Mr. McGuire is the only attorney we can count on

to take student rights cases, to make those cases his top priority, and to respond to

our civil rights emergencies on short notice.” JA1036-1037 at ¶10.

3. The Panel’s Affirming of the District Court’s Order Reducing Ronald B.

McGuire’s Attorney’s Fees and Costs Requested is Dangerously Chilling and

Will Deter Attorneys From Litigating Legitimate Civil Rights Claims of

CUNY Students and Other Civil Rights’ Litigants of Limited Means .

Attorney McGuire has accumulated an unequaled knowledge in the field of


7

CUNY students' civil rights and demonstrated an unyielding dedication to their

interests. His practice ameliorated CUNY students' nearly entire lack of access to

quality representation. The shocking reduction of the attorney's fees and costs will

necessarily deter other attorneys, discouraging them from representing already-

underserved CUNY students and dissuading them from gaining a comparable

mastery of the relevant authorities governing CUNY students’ rights. The panel's

rulings will have a harmful effect far beyond the immediate matter.

II

THE DEFINITION OF “REASONABLE” ATTORNEY’S FEES IN

THE PANEL’S INTERLOCUTORY SUMMARY ORDER (“HUSAIN

VII”) IS FATALLY FLAWED IN ITS RELIANCE ON CARROLL v.

BLINKEN NOW OVERRULED BY PERDUE v. KENNY A. (2010)

The panel’s interlocutory summary order (“Husain VII”) erroneously relied

on Carroll v. Blinken’s “practical effect” method for awarding attorney’s fees in

this litigation, instead of the lodestar method affirmed in 2010 by the U.S. Supreme

Court’s decision in Perdue v. Kenny A., 559 U.S. 542, 551 (2010). The lodestar

method is the prevailing “guiding light” for determining the fee to be shifted to the

losing party in a federal civil rights action. Id. (citing Gisbrecht v. Barnhart, 535

U.S. 789, 801 (2002) and City of Burlington v. Dague, 505 U.S. 557, 562 (1992)).

Perdue overruled cases including this Circuit’s Carroll v. Blinken, which held that

the “most important factor” to determine the size of a fee award is the “practical

effect of the relief obtained.” Carroll v. Blinken, 105 F.3d 79, 81-82 (2d Cir. 1997).


8

The Second Circuit in Millea v. Metro-North R.R., 658 F.3d 154, 167, n.3 (2d Cir.

2011), held that the line of cases upholding drastic reductions of fees regardless of

the work necessary to prevail, such as the 95.5% reduction in Carroll, id., “were

(at least) impaired” [sic] by Perdue. In contrast, the lodestar method is “objective,

and thus cabins the discretion of trial judges, permits meaningful judicial review,

and produces reasonably predictable results.” Perdue, 599 U.S. at 552. (Internal

citations omitted). The panel wrongly relied on Carroll and its progeny, and failed

to follow US Supreme Court precedent.

CONCLUSION

For these reasons, the Court should grant en banc review.

Dated: New York, New York

January 3, 2015

Respectfully submitted,

/s/ Nicholas A. Penkovsky

Nicholas A. Penkovsky

The Penkovsky Law Group, P.C.

43 West 43rd Street

New York, NY 10036

Telephone: (347) 603-7676


9

_/s/_Myron Beldock______________

Myron Beldock

Beldock Levine & Hoffman LLP

99 Park Avenue, Suite 2600

New York, NY 10016

Telephone: (212) 490-0400

_/s/_James I. Meyerson___________

James I. Meyerson

1065 Avenue of the Americas,

Suite 300

New York, NY 10018

Telephone: (212) 344-7474

_/s/ Roger S. Wareham____________

Roger S. Wareham

Attorney-at-Law

394 Putnam Avenue

Brooklyn, NY 11216

Telephone: (718) 230-5270

OF COUNSEL:

Michael W. Warren

Michael W. Warren, P.C.

30 Wall Street, Suite 800

New York, NY 10005

Telephone: (212) 709-8200

OF COUNSEL:

Ronald L. Kuby

119 West 23rd Street, Suite 900

New York, NY 10011

Telephone: (212) 529-0223


10

OF COUNSEL:

Joel R. Kupferman

225 Broadway, Suite 2625

New York, NY 10007

Telephone: (212) 334-5551

OF COUNSEL

Gary Ireland

Law Offices of Gary Ireland

530 Fifth Avenue, 23rd Floor

New York, NY 10036

Telephone: (212) 991-5468

OF COUNSEL:

Delmas A. Costin, Jr.

Law Office of Delmas A. Costin, Jr.

177 E. 161st Street

Bronx, NY 10451

Telephone: (718) 618-0589

OF COUNSEL:

Mark Yu

75 Wall Street, Suite 20J

New York, NY 10005

Telephone: (212) 837-8531

OF COUNSEL:

Clif Bennette

25 Christopher Road

Mt. Kisco, NY 10549

(914) 346-7009

Attorneys for Amici Curiae

Current and Former Students and

Faculty of the City University of New

York and Supporters (list of amici

begins on next page)


11

CURRENT AND FORMER CUNY

STUDENTS

Mael Apollon,

Current Graduate Student, Queens

College,

Alumna, Queens College (M.A.),

Alumna, Borough of Manhattan

Community College (A.A.);

Lewis Antine,

Alumnus, City College of New York;

Zachary Arcidiacono,

Alumnus, Hunter College (B.A.);

Maria Arettines,

Alumna, Hunter College (B.A.);

Talia Arif,

Current Student, Guttman Community

College,

Former Staff, City College of New

York;

Kazembe Balagun,

Alumnus, Pace University (M.Ed.),


Robert Baskerville, Ph.D.,

Alumnus, Queens College (M.A.),

Alumnus, CUNY Graduate Center

(M.Phil.),

Alumnus, Bronx Community College

(A.A.),

*(Also faculty amicus);

Michael Bellamy,

Current Student, Hunter College;


12

Michael Berlin,


Mervian Blue,

Current Student, City College of New

York;

Silvia Blumenfeld,

Alumna, Lehman College (M.S.);

Renate Bridenthal,

Alumna, Columbia University

(Ph.D.),

Alumna, City College of New York

(B.A.);


Adriane Brown,

Former Student, City College of New

York;

Nicole Bugarin,

Alumna, Queens College (B.A.),

Alumna, Borough of Manhattan

Community College (A.A.);

Ramiro Campos,

Alumnus, Hunter College (B.A.,

M.A.);


Asha Cameron,

Alumna, John Jay College of

Criminal

Justice (B.A., M.A.);


13

Stephanie Campos, Ph.D.,

Alumna, CUNY Graduate Center

(Ph.D.),

Alumna, Hunter College (B.A.,

M.A.);

Alejandro Cantagallo,


Joshua Chaikin,


York;

Raymond Chen,


M.S.);

Heidi Chua,

Former Student, Brooklyn College;

Daniel Cione,


Linda Clarke-Brim,

Former Graduate Student, Hunter

College,

Alumna, Medgar Evers College

(B.A.);

Susan DiRaimo,

Alumna, Lehman (M.S.),


(B.A., B.S.),


Dobie Dolphin,


York;


14

Sheila Dugan, Esq.,

Alumna, CUNY School of Law

(J.D.),

*(Also supporter);

Daniel Dunn,

Current Student, Borough of

Manhattan Community College;

Iman El-Sayed, R.N.,

Alumnus, College of Staten Island

(B.A.);

Richard Finkelstein,


York;

Liam Flynn-Jambeck,

Alumnus, Hunter College (B.A.),

Former Undergraduate Student

Government

President;

Nicole Fontan,

Former Student, Hunter College;

D. Bunji Fromartz, Esq.,

Alumnus, City College of New York

(B.S.);

Laurie Funaroff,


York;

Elizabeth M. Garcia, Esq., R.N.,

Alumna, Bronx Community College

(A.A.S.)

Alumna, Lehman College (B.S.);


15

Orlando Green,


(B.A.);

Neha Gautam


(B.A.);

Alumna, LaGuardia Community

College;

Christopher Gunderson, Ph.D.,

Alumnus, CUNY Graduate School

(Ph.D.),

Alumnus, Queens College (M.A.),


Aatika Harchan,

Current Student, College of Staten

Island;

Luis Henriquez,

Alumnus, Queens College (B.A.);

Rob Hollander, Ph.D.,


(Ph.D.),


Former Chair CUNY Doctoral

Students’ Council,


Farhen Hossain,

Former Student, Queens College;

Helen Jacobs,


York;


16

Constance Sydney Jordan-Cooley,


(B.A.)

Laura Kaplan,

Current Student, CUNY Graduate

Center,

Alumna, Hunter College (M.A.),

Alumna, New York University

(M.A.),

Alumna, Oberlin College (B.A.);

Al Katz, Ph.D.,


(Ph.D.),


Kenneth M. Kellerman,


York;

Nasif Khan,


York;

Tania Khatun,

Former Student, Bronx Community

College;

Rachel Laforest,

Alumna, Hunter College (B.A.),


Government President;

Carol Lang, Ph.D.,


(Ph.D.),

Alumna, Bronx Community College,

Alumna, City College of New York,



17

Mike Legaspi,


Rodolfo Leyton,


(B.A., M.A.);

Alexis Logsdon,


(B.A., M.A., M.L.I.S.);

Michael Luciano,


(B.A.);

Percy Lujan,

Alumnus, Lehman College (B.A.);

Reginald Mabry,


(B.S.);

Errol Maitland,


York;

Renee Marhong, R.N.,

Alumna, College of Staten Island

(A.A.);

Esperanza Martell, M.S.W.,

Alumna, City College of New York,


Susanna Martin,

Alumna, Brooklyn College (B.A.);


18

Hancy Martinez,

Former Student, Hunter College,

Former Student, Borough of


Stephanie Martinez,


(B.A.);

Amanda Meltzer,

Former Student, Brooklyn College;

Michael Menser, Ph.D.,


(Ph.D.),


Rajib Miah,


York,

Alumnus, Borough of Manhattan

Community College (A.S.);

Javal Minor,

Current Student, Borough of


Erick Moreno,

Alumnus, Queens College;

Lenina Nadal, M.F.A.,


Irene Neofotistos,



Government President;


19

Padraig O’Donoghue,


Manager of Student Support and

Retention,

Murphy Institute for Worker

Education,

CUNY School of Professional

Studies;

Anna Ortega-Williams, MSW,

Alumna, Hunter College;

Alyssia Osorio,


York;

Ricardo Parker,


(B.S.),

Former President, Undergraduate

Student Government;

John Paul Patafio,

Alumnus, College of Staten Island

(B.A.);

Christian Peruyero,

Former Student, Lehman College,

Former Student, Queens College;

Nurith St. Pierre, M.P.H.,


York;

Miriam Plata,

Alumna, York College (B.A.);

Sarah Poleshuck,

Alumna, Brooklyn College (M.F.A.);


20

Samantha Quinones,

Former Student, Hunter College;

Talha Rahman,


York;

Omar Rashid,


Pedro Rivera, Ph.D.,

Assistant Professor, Savannah State

University,

Alumnus, Hostos College,


(B.A.);

Daniela Robles,

Current Graduate Student, City

College of New York,


(B.A.);

Melissa Rodriguez,

Current Student, John Jay College of

Criminal Justice,

Current Student, Queens College;

Hon. Ydanis Rodriguez,


(B.A., M.Ed.),

Member New York City Council,

Former Chair New York City

Committee on

Higher Education;

Lauren Sackey,


York;


21

Danny Sanchez,

Alumnus, Queens College (B.S.,

M.S.);

Luz Schreiber,


Thomas Sharkey,


Lydia Shestopalova,


(B.A., M.A.);


Bradley Sigal,


(M.A.);

Tafadar Sourov,


York;

Julie Spooner, Ph.D.,


(Ph.D.),


Elizabeth Starcevic, Ph.D.,


(B.A.),


Eileen Stareshefsky,


(B.A.);


22

Lenore Von Stein,

Alumna, Brooklyn College (M.M.),

Former Student, John Jay College of

Criminal Justice;

David Suker,


(M.A.);

Howard Swerdloff,


York;


Damian Tejada,

Current Student, LaGuardia

Community College;

Rawan Toom,

Current Student, New York City

College of Technology;

Mark A. Torres,


(B.A., M.Ed.),

Alumnus, Lehman College (TESOL);

Bruce G. Trigg, M.D.,


(B.S.);

Raymundo Valentin,

Alumnus, College of Staten Island;

Quentin Walcott,

Alumnus, York College (B.S.);


23

Robert Wallace, Ph.D.,


(Ph.D.),

Alumnus, City College of New York,


M. Ndigo Washington,

Former Student, LaGuardia

Community College and City College

of New York;

Russell Weiss-Irwin,


York;

Hank Williams,

Ph.D. Candidate, CUNY Graduate

Center,


(M.Phil.),


(B.A.),


Igwe Williams,


(B.A., M.F.A.),

Alumnus, Borough of Manhattan

Community College (A.A.),


Sheila Zukowsky,


(B.A.);


24

CURRENT AND FORMER CUNY

FACULTY

Cesar J. Ayala, Ph.D.,

Former Associate Professor, Lehman

College;

Robert Baskerville, Ph.D.,

Associate Professor, Bronx

Community

College,

*(Also student amicus);

Renate Bridenthal,

Retired Faculty, Brooklyn College,


(Ph.D.),


(B.A.);


Brent Buell,

Faculty, York College;

Ramiro Campos,

Faculty, Medgar Evers College,


M.A.);


Janice Cline,

Faculty, York College;

William Crain, Ph.D.,

Professor, City College of New York;

Walter Daum,

Retired Professor, City College of

New York;


25

Susan DiRaimo,

Faculty, City College of New York,


Alan Feigenburg,


Rob Hollander, Ph.D.,

Adjunct Assistant Professor, John Jay

College of Criminal Justice,


Leonard Jeffries, Ph.D.,

Professor Emeritus, City College of

New York;

Al Katz, Ph.D.,

Faculty, City College of New York,


Sean M. Kennedy,

Faculty, City University of New

York,

Alumnus, Rutgers University

(M.F.A.),

Alumnus, University of Virginia

(B.A.);

Carol Lang, Ph.D.,

Adjunct Faculty, Bronx Community

College,


Henry Lesnick, Ph.D.,

Professor, Hostos Community

College,

Alumnus, SUNY at Buffalo (Ph.D.),

Alumnus, Case Western Reserve

University (B.A., M.A.);


26

R. L’Heureux Lewis-McCoy, Ph.D.,

Associate Professor, City College of

New York;

Esperanza Martell, M.S.W.,

Faculty, Hunter College,


Jamal T. Manassah, Ph.D.,


Michael Menser, Ph.D.,

Assistant Professor, Brooklyn

College,

Doctoral Faculty, CUNY Graduate

Center,


Greggory Morris, M.P.A.,

Assistant Professor, Hunter College;

Marcia Newfield,

Adjunct Faculty, Borough of


Jeanne Ollivierre,

Faculty, Hunter College,

Former Faculty, City College of New

York,

Former Faculty, Lehman College;

Peter Ranis, Ph.D.,

Professor Emeritus, CUNY Graduate

Center & York College;

Daniel C. Robie, Ph.D.,

Assistant Professor, York College;


27

Lawrence Rushing, Ph.D.,

Professor Emeritus, LaGuardia

Community College;

Isaura Santiago, Ph.D.,

Professor Emerita, CUNY Graduate

Center,

Former President, Eugenio Maria de

Hostos Community College;

Lydia Shestopalova,

Adjunct Faculty, Guttman

Community College,


Julie Spooner, Ph.D.,

Former Adjunct Professor, City

College of New York,

Former Adjunct Professor, Borough

of Manhattan Community College,

Former Adjunct Professor, Medgar

Evers College,


Elizabeth Starcevic, Ph.D.,

Professor Emerita, City College of

New York,


Howard Swerdloff,

Faculty, College of Staten Island,


York;


Robert Wallace, Ph.D.,

Former Adjunct Faculty, City College

of New York,



28

Hank Williams,

Adjunct Lecturer, Lehman College,

Ph.D. Candidate, CUNY Graduate

Center,


Igwe Williams,

Professor, Borough of Manhattan

Community College,


SUPPORTERS

Maris Abelson, M.A.,

Community Member, Teacher;

Xochilt Arizmendi,

Community Member;

Bruce Bentley, Esq.,

Co-chair, Mass Defense Committee,

National Lawyer’s Guild, New York

City Chapter;

Benjamin Chametzky,

Alumnus, University of Chicago

(B.A.);

Faye Chevalier,

Current Student, Temple University;

Mitchel Cohen,

Former Chair, WBAI Radio,

Local Station Board,

Present Volunteer Coordinator,

WBAI Radio,

(WBAI broadcasts from the City

College of New York);


29

Sheila Dugan, Esq.,


Mark Eisenstadt,

Current Student, Delaware County

Community College;

Marie Friquegnon, Ph.D.,

Faculty, William Patterson

University;

Daniel Gibbons,

Community Member;

Kirsten Gindler,

Alumna, University of Chicago

(A.B.);

Angie Hernandez,

Current Student, New York

University;

Skyler Jackson,

Community Member;

Diane Keefe,


(M.B.A.);

Alumna, Wellesley College (B.A.);

Nasif Khan,

Community Member;

Michael Kovalenko,

Community Member,

Documentary Filmmaker;


30

Jonathan Laks,

Current Student, NYU School of Law,

Alumnus, Haverford College (B.A.);

Matthew Lore,

Community Member;

Rina Mascitti,

Community Member;

Divine Pryor, Ph.D.,

Executive Director,

Center for NuLeadership for Urban

Solutions;

Johana Rahman,

Current Student, Temple University;

Alex Renner,

Alumnus, Drexel University (B.S.);

Kyung-Ji Kate Rhee,

Deputy Director,

Center for NuLeadership on Urban

Solutions;

Andrea Roberts,

Community Member;

Sebastian Spitz,

Current Student, Bard College;

Martin R. Stolar, Esq.,

Attorney;

John Ware Upton, Esq.,

Attorney;


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