Committee Concerning Community Improvement v. City of Modesto

Appellants (who were plaintiffs in the District Court, and will be referred to as “plaintiffs” here) are residents of four predominantly-Latino neighborhoods, as well as two community groups each representing a neighborhood. The neighborhoods are outside the city of Modesto (“City”) and within the City’s “sphere of influence” although not incorporated into the City proper; such neighborhoods are known as “unincorporated territory” or “islands.” The Modesto sphere of influence includes 26 such unincorporated islands partly or completely surrounded by the City (including the four plaintiff islands) and other unincorporated areas.

Plaintiffs filed a complaint in the District Court in 2004, claiming that the actions (and inactions) of the defendants City and Stanislaus County in failing (1) to provide the neighborhoods with adequate municipal services and (2) to bring the neighborhoods into the City constituted intentional discrimination based on race or ethnicity, in contravention of the Constitution and federal statutes, and also of California statutes. The complaint was amended three times. In a series of opinions in the spring and summer of 2007, the District Court granted…