In a Due Process and Equal Protection Clause challenge to New York’s felon disenfranchisement laws, judgment on the pleadings for defendants is affirmed where: 1) plaintiffs’ amended complaint failed to allege any facts as to discriminatory intent behind the legislature’s adoption of the state constitutional provision at issue; and 2) there was a rational basis for the statutes’ distinction between felons sentenced to incarceration or serving parole and those sentenced to probation.
Read Hayden v. Pataki, No. 04-3886
Appellate Information
Argued: October 26, 2007
Decided: January 28, 2010
Judges
Opinion by Judge Straub
Counsel
For Appellants:
Juan Cartagena, Risa Kaufman, Craig Acorn and Paul Keefe, Community Service Society of New York, New York, NY
For Appellees:
Benjamin N. Gutman and Michelle Aronowitz, Deputy Solicitor Generals, New York, NY
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