No qualified immunity for city in racially motivated promotions

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The 7th Circuit Court of Appeals upheld the denial of the motion of qualified immunity filed by the City of Indianapolis and several officials in a suit filed by three white police officers who claim they were passed over for promotions because of their race.

Lieutenants Joseph Finch, David Hensley, and Peter Mungovan sued the city, the law enforcement Merit Board, and seven city officials alleging violations of Title VII of the Civil Rights Act because three African-American officers were promoted to captain over them, despite the white officers ranking higher on the then-Indianapolis Police Department’s promotion eligibility list. The city maintained that they were required to promote the African-American officers because of a 1978 decree entered into by IPD and the Department of Justice to rectify an alleged pattern of discriminatory practices adversely affecting African-American officers.

Magistrate Judge Debra McVicker Lynch denied the motion, which the 7th Circuit judges affirmed.

In Joseph Finch, David E. Hensley, and Peter W. Mungovan v. Bart Peterson, individually and in his official capacity, et al. No. 09-2676, the appellate court, just like Magistrate Judge McVicker Lynch, found the 1978 consent decree that the city claimed compelled them to promote the African-American officers actually advocated against the use of race for promotions. Section X, “Job Assignments,” is clear that race should have no place in the promotions process. The promotions section, Section IX, contains language mandating that promotions shall be based on relevant standards and criteria applied without considering race or color.

“More specifically, Section IX(D) mandates that any promotional screening tool ‘may not be used more than one (1) time if it has an adverse effect on blacks and it is not shown to be properly validated in accordance with applicable federal guidelines,’” wrote Judge Diane Sykes. “If the Police Department were permitted to adjust the results of any promotional test, ex post, in order to advantage African-American officers, Subsection IX(D) would be of little use because the results of any offending test could simply be manipulated after the fact in order to produce the desired outcome.”

A footnote states that the three officers have since been retroactively promoted based on a separate consent decree entered into between the police department and the DOJ after the federal department brought a suit against the police department alleging it violated Title VII by making promotions on the basis of race and sex.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...