United States v. City of Chicago, 73 C 2080

• Decision Date: 13 November 1975
• Docket Number: 73 C 1252 and 75 C 79.,No. 73 C 2080,70 C 2220,73 C 2080
• Citation: 405 F. Supp. 480
• Parties: UNITED STATES of America, Plaintiff, v. CITY OF CHICAGO et al., Defendants. Renault ROBINSON et al., Plaintiffs, v. James B. CONLISK, Jr., et al., Defendants. Tadeo Robert CAMACHO et al., Plaintiffs, v. James B. CONLISK, Jr., et al., Defendants. Renault ROBINSON et al., Plaintiffs, v. William E. SIMON et al., Defendants.
• Court: U.S. District Court — Northern District of Illinois

405 F. Supp. 480

UNITED STATES of America, Plaintiff, v. CITY OF CHICAGO et al., Defendants.

Renault ROBINSON et al., Plaintiffs, v. James B. CONLISK, Jr., et al., Defendants.

Tadeo Robert CAMACHO et al., Plaintiffs, v. James B. CONLISK, Jr., et al., Defendants.

Renault ROBINSON et al., Plaintiffs, v. William E. SIMON et al., Defendants.

Nos. 73 C 2080, 70 C 2220, 73 C 1252 and 75 C 79.

United States District Court, N. D. Illinois, E. D.

November 13, 1975.

Frank Cicero, Jr., Thomas A. Gottschalk, John P. Wilson, Jr., Gary M. Elden, Chicago, Ill., James M. Johnstone, Kirkland, Ellis & Rowe, Washington, D. C., for Renault Robinson and others.

Ilana Diamond Rovner, Chicago, Ill., Donald Pailen, Francis R. Cronin, Elaine C. Asable, Dept. of Justice, Washington, D. C., for the Government.

William R. Quinlan, Acting Corp. Counsel, Richard J. Phelan, Earl L. Neal, Sp. Counsel, Daniel R. Pascale, Ann Acker, Jerome A. Siegan, Roseann Oliver, Asst. Corp. Counsels, Chicago, Ill., for the City of Chicago, and others.

Michael L. Meyer, Barry S. Alberts, Schiff, Hardin & Waite, William J. McNally, Judith Bernstein, Chicago, Ill., for Camacho, and others.

Medard Narko, Lloyd Sonenthal, Chicago, Ill., for intervenor-defendants Roy Isakson, Fred Sansone, Robert Buckner, Larry Payne, Martin Leal, George Flood, and others similarly situated.

Perry L. Fuller, Hinshaw, Culbertson, Moelmann, Hoban & Fuller, E. Michael Kelly, James J. Ahern, Chicago, Ill., for intervenor-defendants Nicholas J. McNamara, John Meade, Thomas W. Toolis, John Hagemann, Richard Kraft, James Moore, Michael J. Connolly, Edward Wodnicki, John F. Kelly, August J. Annerino, Thomas P. McGady, Austin J. Kennedy, Howard A. Knight, Ronald R. Rubin, Paul S. Jankowski, Robert W. Goldsmith, William J. Collins, Nestor W. Chakonas.

Philip B. Kurland, Norman J. Barry, Donald E. Egan, Alan L. Unikel, Rothschild, Barry & Myers, Chicago, Ill., for Arado intervenors.

Richard Gutman, Mary L. Sfasciotti, Chicago, Ill., for Burauer intervenors.

MEMORANDUM DECISION

MARSHALL, District Judge.

On October 7 in an unreported memorandum opinion, the Court of Appeals for this circuit affirmed our order of June 6, 1975, which denied the motion of intervening defendants Louis Arado, et al., to enjoin the Chicago Police Department from making temporary sergeant promotions. United States of America, et al., v. City of Chicago, et al., 525 F.2d 695 (7th Cir. 1975). The Arado intervenors hold places on the 1973 sergeants promotion list, the use of which we enjoined preliminarily on November 7, 1974. United States of America, et al. v. City of Chicago, et al., 385 F.Supp. 543 (N.D.Ill.1974).

In their appeal, the Arado appellants seemingly found it necessary to go behind the June 6 temporary sergeant order to the end that they challenged all of the proceedings here as they relate to the 1973 sergeants promotion list. Their statement of facts on appeal reviewed the procedure for the 1973 sergeants examination, the content of that examination, the results of the examination and the results of a concurrent validity study conducted by the City following the administration of the examination. The City's failure to validate the examination and its resulting promotion list was excused by the appellants as being occasioned by "various computational errors . . . discovered after the case had been argued." Arado Brief on Appeal, p. 13.¹

The brief challenged the preliminary injunction of November 7. It argued at length evidence which had been adduced during the trial on the merits which was conducted here March 10 through May 30, 1975. It asserted that plaintiffs had failed to establish a prima facie case of racial discrimination in respect to the 1973 sergeants promotion list; that the inferences drawn from statistical evidence were erroneous; and that even if a prima facie case of discrimination had been established, it had been rebutted.

The City, as appellee on the issue of temporary sergeants, responded to the attack made against the preliminary injunction decision of November 7 and the inferences to be drawn from the evidence adduced in the trial on the merits in a predictable manner. Thus, while asserting that the only issue before the Court of Appeals was whether we had abused our discretion in refusing to enjoin the temporary sergeant program, it "fully agreed" with the Arado arguments in respect to "the merits of the validity of the 1973 sergeants examination and the eligibility list derived therefrom, as well as the district court's opinion and preliminary injunction order of November 7, 1974." City's Brief on Appeal, p. 4.

Thus the issue of promotion of temporary...