KIRKLAND v. N. Y. STATE DEPT. OF COR. SERVICES

No. 1127, Docket 80-7129.

628 F.2d 796 (1980)

Edward L. KIRKLAND and Nathaniel Hayes, each Individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. The NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES; Russell Oswald, Individually and in his capacity as Commissioner of the New York State Department of Correctional Services; the New York State Civil Service Commission; Ersa Poston, Individually and in her capacity as President of the New York State Civil Service Commission and Civil Service Commissioner; Michael N. Scelsi and Charles F. Stockmeister, each Individually and in his capacity as Civil Service Commissioner, Defendants-Appellees, and Dennis Fitzpatrick, Frank McDonnell, Bruce Farrell, Thomas Farron, Vincent DiGiorgio, Robert Vercile Rose, Raymond E. Friss, and Bruce Meservey, Intervenors-Appellants.

United States Court of Appeals, Second Circuit.

Decided August 18, 1980.


Attorney(s) appearing for the Case

Jeffrey G. Plant, Albany, N.Y. (Rowley & Forrest, P.C., Richard R. Rowley, Albany, N.Y., of counsel), for intervenors-appellants Fitzpatrick et al.

Judith Reed, New York City (Jack Greenberg, O. Peter Sherwood, New York City, of counsel), for plaintiffs-appellees.

Judith A. Gordon, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen. of the State of N.Y., George D. Zuckerman, Asst. Sol. Gen., New York City, of counsel), for defendants-appellees.

Before LUMBARD, VAN GRAAFEILAND, and KEARSE, Circuit Judges.


LUMBARD, Circuit Judge.

This is an appeal taken by intervenors, incumbent corrections officers employed by defendants, New York State Department of Correctional Services, challenging the lawfulness of the methods of testing and scoring developed by the defendants, pursuant to court order, for use in making promotions to the rank of corrections sergeant. Intervenors seek to enjoin promotions made on the basis of the disputed...

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