490 F.2d 400 (2nd Cir. 1973), 241, Guardians Ass'n of New York City Police Dept., Inc. v. Civil Service Commission of City of New York

Docket Nº:241, 73-2083.
Citation:490 F.2d 400
Party Name:The GUARDIANS ASSOCIATION OF the NEW YORK CITY POLICE DEPARTMENT, INC., The Hispanic Society of the New York City Police Department, Inc., et al., Plaintiffs-Appellants, v. CIVIL SERVICE COMMISSION OF the CITY OF NEW YORK et al., Defendants-Appellees, and Patrolmen's Benevolent Association et al., Intervenors-Defendants-Appellees.
Case Date:November 21, 1973
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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Page 400

490 F.2d 400 (2nd Cir. 1973)

The GUARDIANS ASSOCIATION OF the NEW YORK CITY POLICE DEPARTMENT, INC., The Hispanic Society of the New York City Police Department, Inc., et al., Plaintiffs-Appellants,

v.

CIVIL SERVICE COMMISSION OF the CITY OF NEW YORK et al., Defendants-Appellees, and Patrolmen's Benevolent Association et al., Intervenors-Defendants-Appellees.

No. 241, 73-2083.

United States Court of Appeals, Second Circuit.

November 21, 1973

Argued Sept. 14, 1973.

Page 401

Christopher Crowley, New York City (Jack, Greenberg, Elizabeth B. Du Bois, and Kenneth Kimerling, New York City, of counsel), for plaintiffs-appellants.

Page 402

Paula J. Omansky, New York City (Norman Redlich, Corp. Counsel, City of New York, and Frances E. Loren, New York City, of counsel), for defendants-appellees.

Phillips, Nizer, Benjamin, Krim & Ballon, New York City (Stuart Linnick, New York City, of counsel), and Kaye, Scholer, Fierman, Hays & Handler, New York City (Seymour Goldstein, New York City, of counsel), for intervenors-defendants-appellees.

Before LUMBARD, FRIENDLY and FEINBERG, Circuit Judges.

FRIENDLY, Circuit Judge:

Like Vulcan Society v. Civil Service Comm'n, this day decided, this action was brought in the District Court for the Southern District of New York under the Civil Rights Act, 42 U.S.C. 1983 and its jurisdictional implementation, 28 U.S.C. 1343(3). Plaintiffs here are two organizations representing black and Hispanic members of the New York City Police Department, several minority policemen who have unsuccessfully sought promotion, and several minority applicants who have been denied appointment to the force. The defendants are the Civil Service Commission of the City of New York, the City's Department of Personnel, the Police Department, individual civil service commissioners, and former Police Commissioner Murphy, hereafter referred to as the municipal defendants. Three police benevolent associations and various non-minority individuals awaiting promotion or appointment to the Department were permitted to intervene on the side of defendants. As in Vulcan Society, plaintiffs alleged that existing entry level and promotional examinations had a racially disproportionate impact, were improperly prepared, and were not job-related.

When the action was commenced on March 3, 1972, New York City was not hiring new policemen nor planning any new examinations. Since there appeared to be no urgency, it was agreed that the City would have the New York City Rand Institute (Rand) conduct a survey of the two most recent entry examinations, the second of which was held in 1970, to determine their racial impact. This agreement was conditioned on plaintiffs' undertaking not to seek injunctive relief while the Rand study was underway and the job freeze remained in effect. In January 1973 the freeze was lifted, and the City resumed hiring policemen from the eligibility lists; interim results of the Rand survey became available shortly thereafter. At about the same time, the City announced plans for a new...

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