BAKER v. CITY OF DETROIT

Civ. Nos. 5-71937, 5-72264.

458 F.Supp. 379 (1978)

Kenneth BAKER, Arthur Bartniczak, Hanson Bratton, Patrick Jordan, Frank Krezsowik, Elbert McVay and Roger Scally, Plaintiffs, and Hanson Bratton, Gale Bogenn, William Shell, Patrick Jordan, Charles Mahoney, Individually and on behalf of all others similarly situated, and the Detroit Police Lieutenants and Sergeants Association, Plaintiffs, v. CITY OF DETROIT, a Michigan Municipal Corporation, Detroit Board of Police Commissioners, Coleman Young, Mayor, City of Detroit, Philip G. Tannian, Chief of Police, City of Detroit, jointly and severally, Defendants, and Guardians of Michigan, David L. Simmons, Arnold D. Payne, James E. Crawford, Clinton L. Donaldson, Willie Johnson, Kenneth M. Johnson and Alfred Brooks, Intervening Defendants.

United States District Court, E. D. Michigan, S. D.

July 31, 1978.


Attorney(s) appearing for the Case

James P. Hoffa, Detroit, Mich., for Kenneth Baker, Arthur Bartniczak, Hanson Bratton, Patrick Jordan, Frank Krzesowik, Elbert McVay and Robert Scally.

Bernard Friedman, Marc G. Whitefield, Preston Oade, Jr., Southfield, Mich., H. Barry Woodrow, Detroit, Mich., for Hanson Bratton, Gale Bogenn, William Shell, Patrick Jordan, Charles Mahoney and Detroit Police Lieut. & Sergeants Association.

Roger Craig, Corp. Counsel, James R. Andary, Sp. Asst. Corp. Counsel, Detroit, Mich., O. Peter Sherwood, New York City, Lowell Johnston, San Francisco, Cal., for City of Detroit, Detroit Board of Police Commissioners, Coleman Young and Philip G. Tannian.

Warren J. Bennia, Washington, D. C., John R. Runyan, Jr., Detroit, Mich., for intervening defendants-guardians of Michigan et al.


MEMORANDUM OPINION AND ORDER

DAMON J. KEITH, Circuit Judge, sitting by designation.

These two consolidated cases were brought by white officers of the Detroit police department. They challenge the legality of Detroit's affirmative action promotion program1 by which equal numbers of white and black police sergeants were promoted to the rank of lieutenant. Plaintiffs allege that they...

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