LEAGUE, ETC. v. CITY OF SALINAS FIRE DEPT.

No. 80-4033.

654 F.2d 557 (1981)

LEAGUE OF UNITED LATIN AMERICAN CITIZENS (LULAC), MONTEREY CHAPTER 2055, and Gilbert Padilla, in behalf of himself and all others similarly situated, Plaintiffs-Appellees, v. CITY OF SALINAS FIRE DEPARTMENT; Robert Christofferson, Individually and in his capacity as City Manager of Salinas; John J. Williams, Individually and in his capacity as Personnel Director of Salinas; Paul Mehringer, Individually and in his capacity as Chief of the Fire Department, Salinas; A. L. Barton, Individually and in his capacity as Battalion Chief, Salinas Fire Department; John Reynolds, Individually and in his capacity as Assistant Fire Chief, City of Monterey, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided August 24, 1981.

Rehearing Denied December 21, 1981.


Attorney(s) appearing for the Case

Richard S. Whitmore, Whitmore & Kay, Palo Alto, Cal., for defendants-appellants.

Ann Hill, Maldef, San Francisco, Cal., for plaintiffs-appellees.

Before SKOPIL, FLETCHER and FARRIS, Circuit Judges.


FARRIS, Circuit Judge:

The City of Salinas Fire Department appeals the district court's ruling that the Department refused to promote plaintiff Gilbert Padilla to lieutenant on account of Padilla's race and national origin. The Department particularly objects to the district court's award of retroactive promotion and back pay. We affirm.

The record supports the finding that the Department intentionally discriminated against Padilla. The substantial question...

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