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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. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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