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MARYLAND TROOPERS ASS'N, INC. v. EVANS

No. 92-2171.

993 F.2d 1072 (1993)

MARYLAND TROOPERS ASSOCIATION, INCORPORATED, Appellant, The Coalition of Black Maryland State Troopers, Incorporated; Rufus L. Caple, Corporal; Mark A. Caple; Johnny Fortune, Corporal; James F. Harris, TFC; Floyd C. Jones, Corporal; Ronald M. Murphy, Corporal; Dewight D. Rolley, TFC; George A. Taylor, TFC; Frazier A. West, TFC, Plaintiffs-Appellees, v. Edward M. EVANS, Deputy Superintendent Maryland State Police; Frank Mazone, Deputy Superintendent Maryland State Police; Henry A. Cumberland, Maryland State Police; William T. Gerwig, Maryland State Police; Thomas S. Bosley, Captain; Robert D. Graham, Maryland State Police; Raymond D. Cotton, Maryland State Police; George C. Wyatt, Maryland State Police; William Donald Schaefer, as Governor of the State of Maryland; Bishop L. Robinson, as Secretary of the Maryland Department of Public Safety & Correctional Services; Hilda E. Ford, as Secretary of the Maryland Department of Personnel; Larry W. Tolliver, Colonel, as Superintendent of the Maryland State Police, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 6, 1993.

Attorney(s) appearing for the Case

Andrew C. Topping, Hogan & Hartson, Baltimore, MD, argued (Gil A. Abramson, on brief) for appellant.

Lawrence P. Fletcher-Hill, Asst. Atty. Gen., Baltimore, MD, argued (J. Joseph Curran, Jr., Atty. Gen. of MD, Millicent Edwards Gordon, Asst. Atty. Gen., David L. Moore, on brief), for appellees.

Before WILKINSON, Circuit Judge, POTTER, United States District Judge for the Western District of North Carolina, sitting by designation, and HOWARD, United States District Judge for the Eastern District of North Carolina, sitting by designation.

OPINION

WILKINSON, Circuit Judge:

This case presents the question of what evidentiary foundation is required for a state to adopt a plan with numerical employment goals based upon race. The Maryland Troopers Association has intervened to challenge a Consent Decree between the Coalition of Black Maryland State Troopers and the Maryland State Police, under which the MSP agreed to hire and promote certain percentages...

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