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BROTHERHOOD OF MIDWEST GUARDIANS, INC. v. CITY OF OMAHA

No. 93-1278.

9 F.3d 677 (1993)

The BROTHERHOOD OF MIDWEST GUARDIANS, INC., a Nebraska Non-Profit Corporation; and James Patterson, Isaiah Jackson, and Markita Smith, for Themselves and on Behalf of All Others Similarly Situated, Plaintiffs-Appellees, v. CITY OF OMAHA, a Municipal Corporation, Defendant-Appellant, and Al Veys, Richard Anderson, and Henry Dogin, Defendants. UNITED STATES of America, Plaintiff-Appellee, v. CITY OF OMAHA; Richard R. Anderson, and His Successors in Office in His Capacity as Chief of Police; and D.J. Tisdale, and His Successor in Office in His Capacity as Personnel Director, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided October 28, 1993.

Rehearing and Suggestion for Rehearing Denied December 22, 1993.

Attorney(s) appearing for the Case

Wendy E. Hahn, Omaha, NE, argued (Herbert M. Fitle and James E. Fellows, appeared on the brief) for appellants.

Robert V. Broom, Omaha, NE, argued for plaintiffs-appellees.

Before McMILLIAN, WOLLMAN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied December 22, 1993.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Plaintiffs below appeal from a ruling refusing to dissolve a consent decree entered almost thirteen years ago in a case complaining that the City of Omaha had engaged in a pattern of discrimination based on race in all aspects of employment in the Omaha police department. The decree provided that it would...

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