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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
Case 15-127, Document 173-3, 01/03/2016, 1674485, Page2 of 34
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
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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
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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.
Case 15-127, Document 173-3, 01/03/2016, 1674485, Page5 of 34
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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.
Case 15-127, Document 173-3, 01/03/2016, 1674485, Page6 of 34
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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.
Case 15-127, Document 173-3, 01/03/2016, 1674485, Page7 of 34
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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
Case 15-127, Document 173-3, 01/03/2016, 1674485, Page8 of 34
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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.
Case 15-127, Document 173-3, 01/03/2016, 1674485, Page9 of 34
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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
Case 15-127, Document 173-3, 01/03/2016, 1674485, Page10 of 34
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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).
Case 15-127, Document 173-3, 01/03/2016, 1674485, Page11 of 34
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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
Case 15-127, Document 173-3, 01/03/2016, 1674485, Page12 of 34
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_/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
Case 15-127, Document 173-3, 01/03/2016, 1674485, Page13 of 34
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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)
Case 15-127, Document 173-3, 01/03/2016, 1674485, Page14 of 34
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.),
Alumnus, Hunter College (B.A.);
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;
Case 15-127, Document 173-3, 01/03/2016, 1674485, Page15 of 34
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Michael Berlin,
Current Student, Hunter College;
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.);
*(Also faculty amicus);
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.);
*(Also faculty amicus);
Asha Cameron,
Alumna, John Jay College of
Criminal
Justice (B.A., M.A.);
Case 15-127, Document 173-3, 01/03/2016, 1674485, Page16 of 34
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Stephanie Campos, Ph.D.,
Alumna, CUNY Graduate Center
(Ph.D.),
Alumna, Hunter College (B.A.,
M.A.);
Alejandro Cantagallo,
Alumnus, Hunter College (B.A.);
Joshua Chaikin,
Former Student, City College of New
York;
Raymond Chen,
Alumnus, Hunter College (B.A.,
M.S.);
Heidi Chua,
Former Student, Brooklyn College;
Daniel Cione,
Current Student, Hunter College;
Linda Clarke-Brim,
Former Graduate Student, Hunter
College,
Alumna, Medgar Evers College
(B.A.);
Susan DiRaimo,
Alumna, Lehman (M.S.),
Alumna, City College of New York
(B.A., B.S.),
*(Also faculty amicus);
Dobie Dolphin,
Former Student, City College of New
York;
Case 15-127, Document 173-3, 01/03/2016, 1674485, Page17 of 34
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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,
Current Student, City College of New
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,
Former Student, City College of New
York;
Elizabeth M. Garcia, Esq., R.N.,
Alumna, Bronx Community College
(A.A.S.)
Alumna, Lehman College (B.S.);
Case 15-127, Document 173-3, 01/03/2016, 1674485, Page18 of 34
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Orlando Green,
Alumnus, City College of New York
(B.A.);
Neha Gautam
Alumna, City College of New York
(B.A.);
Alumna, LaGuardia Community
College;
Christopher Gunderson, Ph.D.,
Alumnus, CUNY Graduate School
(Ph.D.),
Alumnus, Queens College (M.A.),
Alumnus, Hunter College (B.A.);
Aatika Harchan,
Current Student, College of Staten
Island;
Luis Henriquez,
Alumnus, Queens College (B.A.);
Rob Hollander, Ph.D.,
Alumnus, CUNY Graduate Center
(Ph.D.),
Alumnus, Hunter College (B.A.),
Former Chair CUNY Doctoral
Students’ Council,
*(Also faculty amicus);
Farhen Hossain,
Former Student, Queens College;
Helen Jacobs,
Former Student, City College of New
York;
Case 15-127, Document 173-3, 01/03/2016, 1674485, Page19 of 34
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Constance Sydney Jordan-Cooley,
Alumna, City College of New York
(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.,
Alumnus, CUNY Graduate Center
(Ph.D.),
*(Also faculty amicus);
Kenneth M. Kellerman,
Former Student, City College of New
York;
Nasif Khan,
Current Student, City College of New
York;
Tania Khatun,
Former Student, Bronx Community
College;
Rachel Laforest,
Alumna, Hunter College (B.A.),
Former Undergraduate Student
Government President;
Carol Lang, Ph.D.,
Alumna, CUNY Graduate Center
(Ph.D.),
Alumna, Bronx Community College,
Alumna, City College of New York,
*(Also faculty amicus);
Case 15-127, Document 173-3, 01/03/2016, 1674485, Page20 of 34
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Mike Legaspi,
Current Student, Hunter College;
Rodolfo Leyton,
Alumnus, City College of New York
(B.A., M.A.);
Alexis Logsdon,
Alumna, City College of New York
(B.A., M.A., M.L.I.S.);
Michael Luciano,
Alumnus, City College of New York
(B.A.);
Percy Lujan,
Alumnus, Lehman College (B.A.);
Reginald Mabry,
Alumnus, City College of New York
(B.S.);
Errol Maitland,
Former Student, City College of New
York;
Renee Marhong, R.N.,
Alumna, College of Staten Island
(A.A.);
Esperanza Martell, M.S.W.,
Alumna, City College of New York,
*(Also faculty amicus);
Susanna Martin,
Alumna, Brooklyn College (B.A.);
Case 15-127, Document 173-3, 01/03/2016, 1674485, Page21 of 34
18
Hancy Martinez,
Former Student, Hunter College,
Former Student, Borough of
Manhattan Community College;
Stephanie Martinez,
Alumna, City College of New York
(B.A.);
Amanda Meltzer,
Former Student, Brooklyn College;
Michael Menser, Ph.D.,
Alumnus, CUNY Graduate Center
(Ph.D.),
*(Also faculty amicus);
Rajib Miah,
Current Student, City College of New
York,
Alumnus, Borough of Manhattan
Community College (A.S.);
Javal Minor,
Current Student, Borough of
Manhattan Community College;
Erick Moreno,
Alumnus, Queens College;
Lenina Nadal, M.F.A.,
Alumna, Hunter College (B.A.);
Irene Neofotistos,
Alumnus, Hunter College (B.A.),
Former Undergraduate Student
Government President;
Case 15-127, Document 173-3, 01/03/2016, 1674485, Page22 of 34
19
Padraig O’Donoghue,
Alumnus, Hunter College (B.A.),
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,
Former Student, City College of New
York;
Ricardo Parker,
Alumnus, City College of New York
(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.,
Former Student, City College of New
York;
Miriam Plata,
Alumna, York College (B.A.);
Sarah Poleshuck,
Alumna, Brooklyn College (M.F.A.);
Case 15-127, Document 173-3, 01/03/2016, 1674485, Page23 of 34
20
Samantha Quinones,
Former Student, Hunter College;
Talha Rahman,
Current Student, City College of New
York;
Omar Rashid,
Current Student, Hunter College;
Pedro Rivera, Ph.D.,
Assistant Professor, Savannah State
University,
Alumnus, Hostos College,
Alumnus, City College of New York
(B.A.);
Daniela Robles,
Current Graduate Student, City
College of New York,
Alumnus, City College of New York
(B.A.);
Melissa Rodriguez,
Current Student, John Jay College of
Criminal Justice,
Current Student, Queens College;
Hon. Ydanis Rodriguez,
Alumnus, City College of New York
(B.A., M.Ed.),
Member New York City Council,
Former Chair New York City
Committee on
Higher Education;
Lauren Sackey,
Current Student, City College of New
York;
Case 15-127, Document 173-3, 01/03/2016, 1674485, Page24 of 34
21
Danny Sanchez,
Alumnus, Queens College (B.S.,
M.S.);
Luz Schreiber,
Alumna, Hunter College (B.A.);
Thomas Sharkey,
Current Student, Hunter College;
Lydia Shestopalova,
Alumna, City College of New York
(B.A., M.A.);
*(Also faculty amicus);
Bradley Sigal,
Alumnus, City College of New York
(M.A.);
Tafadar Sourov,
Current Student, City College of New
York;
Julie Spooner, Ph.D.,
Alumna, CUNY Graduate Center
(Ph.D.),
*(Also faculty amicus);
Elizabeth Starcevic, Ph.D.,
Alumna, City College of New York
(B.A.),
*(Also faculty amicus);
Eileen Stareshefsky,
Alumna, City College of New York
(B.A.);
Case 15-127, Document 173-3, 01/03/2016, 1674485, Page25 of 34
22
Lenore Von Stein,
Alumna, Brooklyn College (M.M.),
Former Student, John Jay College of
Criminal Justice;
David Suker,
Alumnus, City College of New York
(M.A.);
Howard Swerdloff,
Former Student, City College of New
York;
*(Also faculty amicus);
Damian Tejada,
Current Student, LaGuardia
Community College;
Rawan Toom,
Current Student, New York City
College of Technology;
Mark A. Torres,
Alumnus, City College of New York
(B.A., M.Ed.),
Alumnus, Lehman College (TESOL);
Bruce G. Trigg, M.D.,
Alumnus, City College of New York
(B.S.);
Raymundo Valentin,
Alumnus, College of Staten Island;
Quentin Walcott,
Alumnus, York College (B.S.);
Case 15-127, Document 173-3, 01/03/2016, 1674485, Page26 of 34
23
Robert Wallace, Ph.D.,
Alumnus, CUNY Graduate Center
(Ph.D.),
Alumnus, City College of New York,
*(Also faculty amicus);
M. Ndigo Washington,
Former Student, LaGuardia
Community College and City College
of New York;
Russell Weiss-Irwin,
Current Student, City College of New
York;
Hank Williams,
Ph.D. Candidate, CUNY Graduate
Center,
Alumnus, CUNY Graduate Center
(M.Phil.),
Alumnus, City College of New York
(B.A.),
*(Also faculty amicus);
Igwe Williams,
Alumnus, City College of New York
(B.A., M.F.A.),
Alumnus, Borough of Manhattan
Community College (A.A.),
*(Also faculty amicus);
Sheila Zukowsky,
Alumna, City College of New York
(B.A.);
Case 15-127, Document 173-3, 01/03/2016, 1674485, Page27 of 34
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,
Alumna, Columbia University
(Ph.D.),
Alumna, City College of New York
(B.A.);
*(Also student amicus);
Brent Buell,
Faculty, York College;
Ramiro Campos,
Faculty, Medgar Evers College,
Alumnus, Hunter College (B.A.,
M.A.);
*(Also student amicus);
Janice Cline,
Faculty, York College;
William Crain, Ph.D.,
Professor, City College of New York;
Walter Daum,
Retired Professor, City College of
New York;
Case 15-127, Document 173-3, 01/03/2016, 1674485, Page28 of 34
25
Susan DiRaimo,
Faculty, City College of New York,
*(Also student amicus);
Alan Feigenburg,
Professor, City College of New York;
Rob Hollander, Ph.D.,
Adjunct Assistant Professor, John Jay
College of Criminal Justice,
*(Also student amicus);
Leonard Jeffries, Ph.D.,
Professor Emeritus, City College of
New York;
Al Katz, Ph.D.,
Faculty, City College of New York,
*(Also student amicus);
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,
*(Also student amicus);
Henry Lesnick, Ph.D.,
Professor, Hostos Community
College,
Alumnus, SUNY at Buffalo (Ph.D.),
Alumnus, Case Western Reserve
University (B.A., M.A.);
Case 15-127, Document 173-3, 01/03/2016, 1674485, Page29 of 34
26
R. L’Heureux Lewis-McCoy, Ph.D.,
Associate Professor, City College of
New York;
Esperanza Martell, M.S.W.,
Faculty, Hunter College,
*(Also student amicus);
Jamal T. Manassah, Ph.D.,
Professor, City College of New York;
Michael Menser, Ph.D.,
Assistant Professor, Brooklyn
College,
Doctoral Faculty, CUNY Graduate
Center,
*(Also student amicus);
Greggory Morris, M.P.A.,
Assistant Professor, Hunter College;
Marcia Newfield,
Adjunct Faculty, Borough of
Manhattan Community College;
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;
Case 15-127, Document 173-3, 01/03/2016, 1674485, Page30 of 34
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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,
*(Also student amicus);
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,
*(Also student amicus);
Elizabeth Starcevic, Ph.D.,
Professor Emerita, City College of
New York,
*(Also student amicus);
Howard Swerdloff,
Faculty, College of Staten Island,
Former Student, City College of New
York;
*(Also student amicus);
Robert Wallace, Ph.D.,
Former Adjunct Faculty, City College
of New York,
*(Also student amicus);
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Hank Williams,
Adjunct Lecturer, Lehman College,
Ph.D. Candidate, CUNY Graduate
Center,
*(Also student amicus);
Igwe Williams,
Professor, Borough of Manhattan
Community College,
*(Also student amicus);
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);
Case 15-127, Document 173-3, 01/03/2016, 1674485, Page32 of 34
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Sheila Dugan, Esq.,
*(Also student amicus);
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,
Alumna, Columbia University
(M.B.A.);
Alumna, Wellesley College (B.A.);
Nasif Khan,
Community Member;
Michael Kovalenko,
Community Member,
Documentary Filmmaker;
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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;
Case 15-127, Document 173-3, 01/03/2016, 1674485, Page34 of 34