GUARDIANS ASS'N OF NY v. CIVIL SERV. COM'N, 241

CourtUnited States Courts of Appeals. United States Court of Appeals (2nd Circuit)
Writing for the CourtLUMBARD, FRIENDLY and FEINBERG, Circuit
Citation490 F.2d 400
PartiesThe 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.
Docket NumberDocket 73-2083.,No. 241,241
Decision Date21 November 1973

490 F.2d 400 (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, Docket 73-2083.

United States Court of Appeals, Second Circuit.

Argued September 14, 1973.

Decided November 21, 1973.


490 F.2d 401

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

490 F.2d 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 jobrelated.

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 patrolman's examination, to be given before January 1, 1974.

Late in March, plaintiffs moved for a preliminary injunction against continued appointments from current eligibility lists and against the use of inadequate methods to prepare any future examinations. Before decision, the final version of the Rand Report became available and was submitted to the district court. The Report confirmed plaintiffs' contention that the entry examinations had had a racially disproportionate impact. Plaintiffs also submitted affidavits and the results of discovery tending to show that the past examinations were not job-related and that the new one might not cure the defects.

As to the past examinations, the municipal defendants did not answer on the merits, but argued that the eligibility lists from those tests would soon be exhausted and that the public interest required that new policemen continue to be appointed. As to the new examination, the defendants alleged that it would be prepared in compliance with the requirements of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17, now applicable to municipalities by virtue of 86 Stat. 103 (1972), and in accordance with the Equal Employment Opportunity Commission's Guidelines on Employee Selection

490 F.2d 403
Procedures, 29 C.F.R. §§ 1607.1-1607.14.1

On July 16, 1973, Judge Ryan denied the motion for a temporary injunction in a short opinion. He assumed that plaintiffs had made...

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9 practice notes
  • Guardians Ass'n of New York City Police Dept., Inc. v. Civil Service Com'n of City of New York, No. 1340
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 25 Julio 1980
    ...the results of these examinations was unlawful under various federal and state laws. In Guardians Association v. Civil Service Commission, 490 F.2d 400 (2d Cir. 1973) ("Guardians I"), this Court upheld the district court's denial of a preliminary injunction against the continued use of thes......
  • Association Against Discrimination in Employment, Inc. v. City of Bridgeport, Nos. 549
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • 29 Mayo 1981
    ...is ordinarily necessary to invoke such a defense. 16 The Guardians litigation had resulted in two prior appeals to this Court, reported at 490 F.2d 400 (2d Cir. 1973) (affirming denial of preliminary injunction), and at 562 F.2d 38 (2d Cir. 1977) (mem.) (vacating preliminary injunction and ......
  • Guardians Association v. Civil Service Commission of City of New York, No. 81-431
    • United States
    • United States Supreme Court
    • 1 Julio 1983
    ...basis that the eligibility lists would soon be fully exhausted. The Court of Appeals affirmed. Guardians Ass'n v. Civil Service Comm'n, 490 F.2d 400 (CA2 1973). Petitioners unsuccessfully sought to revive the earlier case before filing the present suit. See 633 F.2d 232, 235 (CA2 1980). 6. ......
  • Guardians Ass'n of New York City Police Dept., Inc. v. Civil Service Com'n of City of New York, No. 849
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 31 Julio 1980
    ...the basic purposes of Title VII. See Espinoza, supra, 414 U.S. at 94, 94 S.Ct. at 339; Guardians Association v. Civil Service Commission, 490 F.2d 400, 403 n.1 (2d Cir. 1973), United States v. Georgia Power Co., 474 F.2d 906, 913 (5th Cir. 1973). To the extent that the Guidelines reflect ex......
  • Request a trial to view additional results
9 cases
  • Guardians Ass'n of New York City Police Dept., Inc. v. Civil Service Com'n of City of New York, No. 1340
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 25 Julio 1980
    ...the results of these examinations was unlawful under various federal and state laws. In Guardians Association v. Civil Service Commission, 490 F.2d 400 (2d Cir. 1973) ("Guardians I"), this Court upheld the district court's denial of a preliminary injunction against the continued use of thes......
  • Guardians Association v. Civil Service Commission of City of New York, No. 81-431
    • United States
    • United States Supreme Court
    • 1 Julio 1983
    ...basis that the eligibility lists would soon be fully exhausted. The Court of Appeals affirmed. Guardians Ass'n v. Civil Service Comm'n, 490 F.2d 400 (CA2 1973). Petitioners unsuccessfully sought to revive the earlier case before filing the present suit. See 633 F.2d 232, 235 (CA2 1980). 6. ......
  • Association Against Discrimination in Employment, Inc. v. City of Bridgeport, Nos. 549
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • 29 Mayo 1981
    ...is ordinarily necessary to invoke such a defense. 16 The Guardians litigation had resulted in two prior appeals to this Court, reported at 490 F.2d 400 (2d Cir. 1973) (affirming denial of preliminary injunction), and at 562 F.2d 38 (2d Cir. 1977) (mem.) (vacating preliminary injunction and ......
  • Guardians Ass'n of New York City Police Dept., Inc. v. Civil Service Com'n of City of New York, No. 849
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 31 Julio 1980
    ...the basic purposes of Title VII. See Espinoza, supra, 414 U.S. at 94, 94 S.Ct. at 339; Guardians Association v. Civil Service Commission, 490 F.2d 400, 403 n.1 (2d Cir. 1973), United States v. Georgia Power Co., 474 F.2d 906, 913 (5th Cir. 1973). To the extent that the Guidelines reflect ex......
  • Request a trial to view additional results

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