Pedro CASTRO et al., Plaintiffs-Appellants,
v.
Nancy BEECHER et al., Defendants-Appellees,
George A. Hodges et al., Intervenors-Appellants,
Jeffrey O. Counsell et al., Proposed Intervenors-Appellants (three cases).
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Argued January 3 and March 6, 1972.
Decided April 26, 1972.
As Amended May 24, 1972.
Attorney(s) appearing for the Case
Thomas A. Mela, Boston, Mass., with whom Patrick J. King, Boston, Mass., and Jeffry S. Mintz, New York City, were on briefs, for Pedro Castro et al.
Richard A. Howard and John F. Dargin, Jr., Boston, Mass., with whom Brickley, Sears & Cole, Boston, Mass., was on brief, for George A. Hodges et al., intervenors.
John F. McGary, Asst. Atty. Gen., with whom Robert H. Quinn, Atty. Gen., and Walter H. Mayo, III, Asst. Atty. Gen., Chief, Administrative Division, were on brief, for Nancy Beecher et al.
Robert Glass, Cambridge, Mass., for Edmund McNamara.
Henry Wise and Robert L. Wise, Boston, Mass., on brief, for Boston Police Patrolmen's Association, Inc., amicus curiae.
Herbert F. Travers, Jr., U. S. Atty., David L. Norman, Asst. Atty. Gen., Denis F. Gordon, and Joel L. Selig, Attys., Department of Justice, on brief, for the United States, amicus curiae.
Robert P. Vogel, Asst. Atty. Gen., F. John Hagele, Deputy Atty. Gen., and J. Shane Creamer, Atty. Gen., on brief for Commonwealth of Pennsylvania, amicus curiae.
John F. Dargin, Jr., Boston, Mass., and Robert C. Hagopian, Cambridge, Mass., for appellants in case No. 71-1180.
Patrick J. King, Boston, Mass., with whom Thomas A. Mela, Boston, Mass., was on brief, for appellees in case No. 71-1180.
Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.
United States Court of Appeals, First Circuit.
COFFIN, Circuit Judge.
This case epitomizes the classic, clumsy and yet unavoidable attempt to rectify, through the courts, long standing though not consciously intended discriminatory selection policies in public employment in a northern community. The fact that the discrimination was not intended has raised somewhat novel issues relating to the standards for judging policies of a public employer which have been discriminatory...
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