487 U.S. 1251 (1988)

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U.S. Supreme Court

SPALLONE v. U.S. , 487 U.S. 1251 (1988)

487 U.S. 1251

UNITED STATES et al. No. A-172.

Nicholas LONGO and Edward Fagan
UNITED STATES et al. No. A-173.

UNITED STATES et al. No. A-174.

UNITED STATES et al. No. A-175.

Supreme Court of the United States

September 1, 1988

On applications for stay. [ Spallone v. U.S. 487 U.S. 1251 (1988) ][1251-Continued.]

The applications for stay of Henry G. Spallone, Nicholas Longo, Edward Fagan, and Peter Chema presented to Justice MARSHALL and by him referred to the Court are granted pending the timely filing and disposition by this Court of petitions for writs of certiorari.

The application for stay of the City of Yonkers presented to Justice MARSHALL and by him referred to the Court is denied.

On 856 F.2d 444. The Court of Appeals stayed issuance of its mandate until September 2, to permit application for a stay of the contempt sanctions pending filing and consideration of petitions for writs of certiorari. The city of Yonkers and the four councilmembers have sought such a stay. Today the Court denies a stay as to the city but grants it as to the four councilmembers. I believe that the Court should deny the stay as to the councilmembers as well.

Justice MARSHALL, joined by Justice BRENNAN, concurring in the denial of stay in No. A-175, and dissenting from the grant of stay in Nos. A-172, A-173, and A-174.


In 1980, the United States filed suit against the city of Yonkers, claiming it had intentionally perpetuated and aggravated residential racial segregation in violation of the Constitution and Title

Page 487 U.S. 1251 , 1252

VIII of the Civil Rights Act of 1968, 82 Stat. 81, 42 U.S.C. 3601-3619, and had intentionally segregated its schools in violation of the Constitution. The National Association for the Advancement of Colored People (NAACP) was accorded plaintiff-intervenor status. In 1985, the District Court held the city liable for intentional housing and school segregation, United States v. Yonkers Board of Education, 624 F.Supp. 1276 ( SDNY1985), finding, inter alia, that the city had deliberately concentrated virtually all of its public and subsidized housing in southwest Yonkers in order to maintain residential segregation. The District Court issued a Housing Remedy Order which directed the city to establish a fair housing policy, to construct 200 units of public housing, and to plan additional units of subsidized housing. The Court of Appeals for the Second Circuit affirmed both the liability and remedy rulings, United States v. Yonkers Board of Education, 837 F.2d 1181 (1987), and the Court denied the city's petition for a writ of certiorari. 486 U.S. 1055 (1988).

On November 15, 1986, the city informed the District Court that it would not comply with the Housing Remedy Order. The United States and the NAACP moved for an adjudication of civil contempt and the imposition of coercive sanctions, but the District Court instead sought voluntary compliance with its earlier order. After negotiations, the city council- the city's sole governing authority-agreed to appoint an outside housing adviser to identify sites for the 200 units of public housing and to draft a long-term plan for subsidized housing. Over a year passed. On January 28, 1988, the parties entered into a consent decree, approved by the District Court, which set a new timetable for the construction of the 200 public housing units. The city pledged that it would not seek further review of the Housing Remedy Order or any subsequently entered decree relating to these 200 units. In addition, the city agreed that the construction of 800 units of subsidized housing was an appropriate remedy and pledged to make good-faith efforts to build the additional 600 units within the next three years. Section 17 of the consent decree obligated the city "to adopt . . . legislation" necessary to meet the goal of 800 units, including tax abatements, zoning changes, and, within 90 days, a package of incentives for local development. Section 18 provided for further negotiations and the submission of a draft of a second consent decree setting forth long-range plans for subsidized hous- [487 U.S. 1251 , 1253]

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