BOSTON POLICE SUPERIOR OFFICERS FEDERATION v. BOSTON

No. 97-1880.

147 F.3d 13 (1998)

BOSTON POLICE SUPERIOR OFFICERS FEDERATION, David Aldrich, Patrick Crossen and William Slavin, Plaintiffs, Appellants, v. CITY OF BOSTON, Boston Police Department, Paul Evans and Massachusetts Department of Personnel Administration, Defendants, Appellees, Massachusetts Association of Minority Law Enforcement Officers, Intervenor, Appellee.

United States Court of Appeals, First Circuit.

Decided June 22, 1998.


Attorney(s) appearing for the Case

James F. Lamond with whom McDonald & Associates was on brief for appellants.

Jonathan M. Albano with whom Bingham Dana LLP, Ozell Hudson, Jr., and Lawyers Committee for Civil Rights Under Law of the Boston Bar Association were on brief for intervenor.

Susan M. Prosnitz, Chief of Litigation, with whom Boston Police Department Legal Advisor's office was on brief for City of Boston, Boston Police Department and Paul Evans.

Edward J. DeAngelo, Assistant Attorney General, with whom Scott Harshbarger, Attorney General, was on brief for appellee. June 22, 1998

Before SELYA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and BOUDIN, Circuit Judge.


CAMPBELL, Senior Circuit Judge.

This is an appeal from the district court's granting of summary judgment in favor of Defendants City of Boston, the Boston Police Department ("BPD"), and other state actors. The BPD promoted Rafael Ruiz, an African-American, to lieutenant prior to promoting any of the individual Plaintiffs, each of whom scored one point better than Ruiz on the lieutenant's examination. The BPD believed that promoting Ruiz was necessary to avoid violating...

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