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7th Circuit rules for city on discrimination claims brought by black officers, firefighters

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The 7th Circuit Court of Appeals has affirmed summary judgment for the City of Indianapolis in two lawsuits brought by dozens of black police officers and firefighters over the examination process used by the city for promotions.

The officers and firefighters brought back-to-back lawsuits targeting promoting decisions made in successive promotion cycles dating back to 2002, but most of the decisions involved testing protocols administered in 2007 and 2008. The second suit involves the years 2010 and 2011. The plaintiffs alleged they were passed over for promotions in favor of candidates who achieved higher composite scores. They claim that the process used to rank candidates for promotion has a disparate impact on black candidates and is intentionally discriminatory.

The examination process consisted of a written test, an oral exercise and an assessment of the candidate’s “personnel profile.” The oral exercise had three parts: an interview, oral assessment in which applicants responded to hypothetical scenarios and a written exercise requiring the applicants to draft reports and correspondence. The firefighter promotion processes also included a practical exercise.

Judge Sarah Evans Barker granted summary judgment to the city on the disparate-treatment claims in the first suit because the plaintiffs didn’t produce any evidence that using the test results to make promotions was a pretext for discrimination. Barker dismissed the second suit as barred by res judicata because the more recent promotion decisions were made from the same eligibility list generated by the testing process at issue in the first lawsuit.

“First, although the district court mistakenly assumed that allegations of intentional discrimination necessarily defeat a disparate-impact claim, here the disparate-impact claims fail in any event because they are stated as legal conclusions, without any factual content to support an inference that the City’s examination procedures caused a disparate impact on black applicants for promotion in the police or fire departments,” Judge Diana Sykes wrote in Kendale L. Adams, et al. v City of Indianapolis, 12-1874. “Second, the disparate-treatment claims lacked any evidentiary support and were properly resolved in the City’s favor on summary judgment. Finally the claims in the second lawsuit are precluded. Although the new complaint concerns a different set of promotion decisions, it attacks the same eligibility list that was at issue in the first case. The plaintiffs’ challenge to that testing process was fully and finally resolved against them in the first suit, so their second suit against the City is barred.”

 

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  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

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  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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