Case: United States of America v. City of Gallup, New Mexico

1:04-cv-01108 | U.S. District Court for the District of New Mexico

Filed Date: Sept. 29, 2004

Closed Date: 2009

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Case Summary

On September 29, 2004, the U.S. Department of Justice filed a lawsuit against the City of Gallup, New Mexico in the U.S. District Court for the District of New Mexico. The D.O.J. alleged that the city engaged in a pattern or practice of intentional employment discrimination against American Indians in violation of Title VII of the Civil Rights Act of 1964. The complaint specifically alleged that the City of Gallup, including the City's Police, Fire, Solid Waste, and Utilities Department excluded qualified American Indians from the City’s workforce by: (1) failing or refusing to recruit and hire American Indians on the same basis as whites and Hispanics; and (2) failing or refusing to take appropriate action to correct the present effects of the discriminatory policies and practices. The D.O.J. asked the court for injunctive and monetary relief.

On October 27, 2004, the district court entered a consent decree ordering that: (1) American Indians were not to be subjected to discrimination on the basis of race in recruitment or hiring for City employment in violation of Title VII; (2) the City adopt and maintains policies and procedures that prohibit discrimination on the basis of race in discrimination in employment, including recruitment and hiring; (3) individuals who complain of race discrimination in employment were not to be retaliated against because of such complaints; and (4) the City provide monetary relief and/or priority hiring with retroactive seniority to claimants who from January 1, 1997 to the date of entry of the Decree, were denied employment with the City due to the claimant's race.

In August 2009, Gallup's motion to dismiss and terminate the consent decree was granted, concluding the case.

Summary Authors

Hyun Jeong Yang (10/16/2007)

Sara Denbo (2/22/2019)

People

Judge(s)

Attorney for Plaintiff

Fenton, William B. (District of Columbia)

Iglesias, David C. (New Mexico)

Palmer, David J. (District of Columbia)

Attorney for Defendant

Isaacson, Thomas Lynn (New Mexico)

Kozeliski, George W. (New Mexico)

Judge(s)

Puglisi, Richard L. (New Mexico)

Schneider, W. Daniel (New Mexico)

Attorney for Plaintiff

Fenton, William B. (District of Columbia)

Iglesias, David C. (New Mexico)

Palmer, David J. (District of Columbia)

Rao, Sonya A (District of Columbia)

Toomey, Kathleen (District of Columbia)

Attorney for Defendant

Isaacson, Thomas Lynn (New Mexico)

Kozeliski, George W. (New Mexico)

Documents in the Clearinghouse

Documents in this case

1:04-cv-01108	Docket [PACER] USA v. City of Gallup	Aug. 12, 2009	Aug. 12, 2009 Docket
1 1:04-cv-01108	Complaint	Sept. 29, 2004	Sept. 29, 2004 Complaint
5 1:04-cv-01108	Consent Decree	Oct. 27, 2004	Oct. 27, 2004 Settlement Agreement

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Docket

Last updated March 24, 2025, 8:08 a.m.

ECF Number	Date	Description	Link
1	Sept. 29, 2004	COMPLAINT for civil rights (referred to Magistrate Judge Richard L. Puglisi) (emr) (Entered: 09/30/2004)	PACER
2	Sept. 29, 2004	JOINT MOTION by USA for order approving and entry of consent decree (bap) (Entered: 10/01/2004)	PACER
3	Sept. 29, 2004	MEMORANDUM by USA in support of motion for order approving and entry of consent decree [2-1] (bap) (Entered: 10/01/2004)	PACER
	Sept. 29, 2004	LETTER re: consent to proceed before a US Magistrate Judge (emr) (Entered: 09/30/2004)	PACER
4	Oct. 5, 2004	NOTICE of consent to proceed before a U.S. Magistrate Judge by parties (*) (bap) (Entered: 10/05/2004)	PACER
5	Oct. 27, 2004	CONSENT JUDGMENT by Magistrate Judge W. D. Schneider granting parties' joint motion for order approving and entry of consent decree [2-1] dismissing case w/prejudice (cc: all counsel) (bap) (Entered: 10/27/2004)	PACER
6	Feb. 16, 2005	MOTION by deft to amend consent decree (jrm) (Entered: 02/16/2005)	PACER
7	March 2, 2005	ORDER by Magistrate Judge W. D. Schneider granting deft's motion to amend consent decree entered on 10/27/04 [6-1] as further described herein (cc: all counsel) (bap) (Entered: 03/03/2005)	PACER
8	June 29, 2005	MOTION by plaintiff to extend time to serve preliminary report until 8/30/05 (dmw) (Entered: 06/29/2005)	PACER
9	July 1, 2005	ORDER by Magistrate Judge W. D. Schneider granting pltf's motion to extend time to serve preliminary report until 8/30/05 [8-1] (cc: all counsel) (sl) (Entered: 07/01/2005)	PACER
10	July 6, 2005	MOTION by pltf for leave to correct the case caption in the proposed order associated w/unopposed motion for extension of time (*) (bap) (Entered: 07/06/2005)	PACER
11	July 15, 2005	ORDER by Magistrate Judge W. D. Schneider granting pltf's motion for leave to correct the case caption in the proposed order associated w/unopposed motion for extension of time [10- 1], re [8-1] and vacating order associated with USA filed 7/1/05 and giving USA until 8/30/05 to serve its report to deft City of Gallup (cc: all counsel) (bap) (Entered: 07/18/2005)	PACER
12	Aug. 26, 2005	MOTION by pltf for extension of time until 11/14/05 to serve a preliminary report on deft (*) (bap) (Entered: 08/29/2005)	PACER
13	Aug. 31, 2005	STIPULATION by parties agreeing that the City of Gallup should be allowed to advertise in the Gallup Independent approved by Magistrate Judge Schneider (seal) (Entered: 08/31/2005)	PACER
14	Sept. 9, 2005	ORDER by Magistrate Judge W. D. Schneider granting pltf's motion for extension of time until 11/14/05 to serve a preliminary report on deft [12-1] (cc: all counsel*) (bap) (Entered: 09/09/2005)	PACER
15	Dec. 6, 2005	JOINT MOTION for protective order * (jm) (Entered: 12/06/2005)	PACER
16	Dec. 7, 2005	ORDER by Magistrate Judge Richard L. Puglisi granting joint mtn for protective order [15-1] (cc: all counsel) (jm) (Entered: 12/07/2005)	PACER
17	March 29, 2006	JOINT MOTION for fairness hearing * (jm) (Entered: 03/29/2006)	PACER
18	May 8, 2006	ORDER by Magistrate Judge W. D. Schneider setting fairness hearing for 7/13/06 at 9:00 am (cc: all counsel) (sl) (Entered: 05/08/2006)	PACER
19	May 18, 2006	NOTICE of proposed relief by pltf* (jm) (Entered: 05/18/2006)	PACER
20	May 25, 2006	OBJECTION to proposed individual relief by Clyde Harper (jm) (Entered: 05/31/2006)	PACER
21	May 25, 2006	OBJECTION to proposed individual relief by Kermit R. Johnson (jm) (Entered: 05/31/2006)	PACER
22	May 25, 2006	OBJECTION to proposed individual relief by Jay Boyd (jm) (Entered: 05/31/2006)	PACER
23	May 30, 2006	OBJECTION to proposed individual relief by Raymond George (jm) (Entered: 05/31/2006)	PACER
24	May 30, 2006	OBJECTION to proposed relief by Rose Mary Zuni (jm) (Entered: 05/31/2006)	PACER
25	June 1, 2006	OBJECTION to proposed individual relief by Lance Martin (jm) (Entered: 06/02/2006)	PACER
26	June 7, 2006	OBJECTION to proposed individual relief by Delora R. Carrillo (jm) (Entered: 06/07/2006)	PACER
28	June 7, 2006	OBJECTION to proposed relief individual relief by Robert Peeples (jm) (Entered: 06/09/2006)	PACER
33	June 9, 2006	OBJECTION to proposed individual relief by Pierre Thompson (jm) (Entered: 06/13/2006)	PACER
29	June 12, 2006	AMENDED NOTICE of proposed relief by pltf* (jm) (Entered: 06/12/2006)	PACER
30	June 12, 2006	OBJECTION to proposed individual Relief by Ernest Thompson (jm) (Entered: 06/12/2006)	PACER
31	June 13, 2006	OBJECTION to proposed individual relief by Mary Becenti (jm) (Entered: 06/13/2006)	PACER
32	June 13, 2006	OBJECTION to to porposed relief by Everett Howe (jm) (Entered: 06/13/2006)	PACER
34	June 13, 2006	OBJECTION to proposed individual relief by Russell Thomas (jm) (Entered: 06/13/2006)	PACER
35	June 13, 2006	OBJECTION to proposed individual relief by Bernice Milane- Baca (jm) (Entered: 06/13/2006)	PACER
36	June 14, 2006	OBJECTION to proposed individual relief by Raymond Lewis (jm) (Entered: 06/14/2006)	PACER
37	June 14, 2006	OBJECTION to proposed individual relief by Frieda S. Hubbard (jm) (Entered: 06/14/2006)	PACER
40	June 14, 2006	OBJECTION to proposed individual relief by Brenda Benally (jm) (Entered: 06/15/2006)	PACER
41	June 14, 2006	OBJECTION to proposed individual relief by Denice L. Miller (jm) (Entered: 06/15/2006)	PACER
42	June 14, 2006	OBJECTION to proposed individual relief by Crystal Chester (jm) (Entered: 06/15/2006)	PACER
43	June 14, 2006	OBJECTION to proposed individual relief by Georgia C. Begay (jm) (Entered: 06/15/2006)	PACER
44	June 14, 2006	OBJECTION to proposed individual relief by Charlotte Pete (jm) (Entered: 06/15/2006)	PACER
45	June 14, 2006	OBJECTION to proposed individual relief by Corina Davis (jm) (Entered: 06/15/2006)	PACER
46	June 14, 2006	OBJECTION to proposed individual relief by Malcolm C. Becenti (jm) (Entered: 06/15/2006)	PACER
47	June 14, 2006	OBJECTION to proposed individual relief by Anita Begay (jm) (Entered: 06/15/2006)	PACER
48	June 14, 2006	OBJECTION to proposed individual relief by Pauline Livingston (jm) (Entered: 06/15/2006)	PACER
49	June 14, 2006	OBJECTION to proposed individual relief by Nellie Livingston (jm) (Entered: 06/15/2006)	PACER
50	June 14, 2006	OBJECTION to to proposed individual relief by Katherine Kinsel (jm) (Entered: 06/15/2006)	PACER
54	June 14, 2006	OBJECTION to proposed individual relief by Lindsey Mescal (jm) (Entered: 06/15/2006)	PACER
38	June 15, 2006	OBJECTION to proposed individual relief by Victoria Peters (jm) (Entered: 06/15/2006)	PACER
39	June 15, 2006	OBJECTION to proposed individual relief by Richard Smith, Jr. (jm) (Entered: 06/15/2006)	PACER
51	June 15, 2006	OBJECTION to proposed individual relief by Lawrey H. McReeves (jm) Modified on 06/19/2006 (Entered: 06/15/2006)	PACER
52	June 15, 2006	OBJECTION to proposed individual relief by Elvina M. Becenti (jm) (Entered: 06/15/2006)	PACER
53	June 15, 2006	OBJECTION to proposed individual relief by Fred Thompson, Jr. (jm) (Entered: 06/15/2006)	PACER
55	June 19, 2006	OBJECTION to proposed individual relief by Linda James (dmw) (Entered: 06/19/2006)	PACER
56	June 30, 2006	OBJECTION to proposed individual relief by Pauline Livingston (jm) (Entered: 07/03/2006)	PACER
57	July 6, 2006	MOTION & memorandum by plaintiff for order to approve proposed individual relief & overrule objections * (dmw) (Entered: 07/06/2006)	PACER
58	July 6, 2006	APPENDIX filed by plaintiff to motion & memorandum for order to approve proposed individual relief & overrule objections [57-1]* (dmw) (Entered: 07/06/2006)	PACER
59	July 6, 2006	ORDER by Magistrate Judge W. D. Schneider allowing plaintiff to exceed paghe limit on motion & memorandum to approve individual relief & overrule objections (cc: all counsel) (dmw) (Entered: 07/06/2006)	PACER
61	July 17, 2006	ORDER by Magistrate Judge W. D. Schneider granting pltf's mtn for order to approve proposed individual relief & overrule objections [57-1] (cc: all counsel)* (jm) (Entered: 07/17/2006)	PACER
	Aug. 22, 2006	TRANSCRIPT of Proceedings before Magistrate Judge W. D. Schneider of fairness hearing held on 07/13/06; re [60-1] lodged in separate file folder (pg) (Entered: 08/22/2006)	PACER
62	Aug. 28, 2007	MOTION to Withdraw, MOTION to Substitute Attorney by Gallup, City of. (Isaacson, Thomas) (Entered: 08/28/2007)	PACER
63	Sept. 27, 2007	ORDER by Magistrate Judge Richard L. Puglisi granting 62 Motion to Withdraw ; granting 62 Motion to Substitute Attorney. Added attorney Thomas Lynn Isaacson for Defendant City of Gallup. Attorney George W. Kozeliski terminated. (caw) (Entered: 09/27/2007)	PACER

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Case Details

State / Territory:

New Mexico

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 29, 2004

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States of America via the Department of Justice on behalf of Native American applicants and potential employees.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City

City of Gallup

Defendant Type(s):

Fire

Law-enforcement

Sanitation/Public Works

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Other Dockets:

District of New Mexico 1:04-cv-01108

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Retaliation Prohibition

Retroactive Seniority

Order Duration: 2004 - 2009

Issues

Discrimination Area:

Disparate Treatment

Hiring

Discrimination Basis:

Race discrimination

Affected Race(s):

American Indian/Alaskan Native

Recommended Citation

Case Summary of United States of America v. City of Gallup, New Mexico, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/10318/ (last updated 2/22/2019).