No. 90-1780.

933 F.2d 1448 (1991)

Thomas J. DONAGHY, Appellant, v. CITY OF OMAHA, A Municipal Corporation, Appellee. James Skinner, Chief of Police and P.J. Morgan, Mayor of Omaha.

United States Court of Appeals, Eighth Circuit.

Decided May 24, 1991.

Rehearing and Rehearing Denied August 7, 1991.

Attorney(s) appearing for the Case

Donald Earnshaw, Omaha, Neb., for appellant.

Thomas Mumgaard, Omaha, Neb., for appellee.

Before LAY, Chief Judge, and HEANEY and FRIEDMAN, Senior Circuit Judges.

Rehearing and Rehearing En Banc Denied August 7, 1991.

HEANEY, Senior Circuit Judge.

Thomas Donaghy, a sergeant with the Omaha Police Department (OPD), brought this section 1983 action against the City of Omaha, its mayor, and its chief of police. Donaghy, who is white, sought a promotion to lieutenant, but he was neither interviewed for nor promoted to the position. He claimed that the City discriminated against him by interviewing and promoting a black applicant...

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