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FISCHBACH v. D.C. DEPT. OF CORRECTIONS

Nos. 95-7154, 95-7167.

86 F.3d 1180 (1996)

Ronald J. FISCHBACH, Appellee, v. DISTRICT OF COLUMBIA DEPARTMENT OF CORRECTIONS and Hallem H. Williams, Jr., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided March 11, 1996.

Opinion Issued July 2, 1996.

As Amended July 15, 1996.

Attorney(s) appearing for the Case

Martin B. White, Assistant Corporation Counsel, Washington, DC, argued the cause for appellants, with whom Charles F. Ruff, Corporation Counsel, Charles L. Reischel, Deputy Corporation Counsel, and Lutz A. Prager, Assistant Deputy Corporation Counsels, were on the briefs. Garland Pinkston, Jr., Principal Deputy Corporation Counsel, and Donna M. Murasky, Assistant Corporation Counsel, entered appearances.

Gary H. Simpson, Bethesda, MD, argued the cause and filed the brief for appellee.

Before: EDWARDS, Chief Judge, SILBERMAN, and GINSBURG, Circuit Judges.

GINSBURG, Circuit Judge:

Ronald Fischbach, an employee of the District of Columbia Department of Corrections, claims that he was denied a promotion because he is white. After a bench trial, the district court entered judgment in his favor. In an unpublished order issued March 11, 1996, we reversed, 80 F.3d 558 (table); we now explain the basis of that disposition.

I. Background

In 1984, Dr. James Lomax retired from his position as Chief Psychologist...

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