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Monserrate sues State after expulsion

Two days after the historic vote by the New York State Senate to expel Hiram Monserrate, he sued them in federal court.

Seated with his attorneys Norman Siegel and Steven Hyman, Monserrate’s lawsuit raised 12 causes of action that question the constitutionality under federal and state law of his expulsion on Tuesday, February 9, as well as violations of Monserrate’s right to free speech and due process.

The legal team also filed for an “order to show cause” that puts forth their reasons why the court should not enforce the Senate’s vote to expel; should prevent the March 16 Special Election from occurring and why it should keep Monserrate on payroll.

Six of the plaintiffs in the lawsuit are Monserrate’s constituents, who allege that the expulsion infringes upon their rights as voters.

“Expelling a legislator deprives the constituency, even for a temporary period, of any voice in government,” said Siegel. “By depriving them of their duly elected representative, voters in the senatorial district in Queens who voted for Senator Monserrate have been disenfranchised and denied equal protection under of law.”

After the legal team’s presentation to the United States Southern District Court during the morning of Thursday, February 11, the judge assigned to the case, Judge William Pauley, decided that Monserrate’s office will remain open and staff will not be terminated in order to continue to serve the constituents in the district.

Judge Pauley, however, did not rule on the injunction preventing the Special Election because “it was not appropriate at this point because the Senate was not in session and will not be in session until February 22 – therefore, there will be no votes,” according to Siegel.

The hearing was set for the preliminary injunction on Thursday, February 18 at 2:15 p.m. at the Daniel Patrick Moynihan Courthouse on 500 Pearl Street in Manhattan. Siegel said the judge plans to render a ruling on the injunction before February 22.

“I’ve always been very clear that the proper course should be that the voters decide,” said Monserrate. “And if the voters in my district decide that they want me to represent them, or not, I would obviously respect that decision.”

Of the causes included in the complaint, the focus will primarily be on the violation of Monserrate’s First Amendment and his Fourteenth Amendment rights.

Monserrate claims that his expulsion was retaliation for his participation in the June Albany “parliamentary coup” and subsequent criticism of the Senate Select Committee, and that this violated the Senator’s free speech under the First Amendment.

Monserrate also claims the Senate violated his right to due process under Fourteenth Amendment since he did not receive notice of the specific charges against him, the right to a address the committee, the right to confront witnesses and cross examine them, or have a public hearing.

“When they are punishing someone, when there is punishment by a government body, there has to be due process,” Siegel said. “Just because the government says ‘A, B, C’ doesn’t mean it is right.”

Monserrate, who had served in the New York City Council until his election to the Senate in November 2008, represented the communities of Jacksons Heights, Corona, Elmhurst, East Elmhurst and LeFrak City.