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HAYDEN v. COUNTY OF NASSAU

Docket No. 98-6113.

180 F.3d 42 (1999)

William HAYDEN, et al., Plaintiffs-Appellants, v. COUNTY OF NASSAU, et al., Defendants-Appellees, United States of America and Nassau County Guardians Association, Defendants-Intervenors-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 9, 1999.

Attorney(s) appearing for the Case

Martin S. Kaufman, Atlantic Legal Foundation, Inc., New York, N.Y., for Plaintiffs-Appellants.

Charles D. Cunningham, Snitow & Cunningham, LLP, New York, N.Y. (William H. Pauley, III, on the brief), for Defendants-Appellees.

Linda F. Thome, United States Department of Justice, Washington, D.C.(Dennis J. Dimsey, on the brief), for Intervenor-Defendant-Appellee United States of America.

Robin L. Alperstein, Cravath, Swaine & Moore, New York, N.Y. (Richard T. Seymour, Lawyers' Committee for Civil Rights Under Law, Washington, D.C., Paul C. Saunders, Cravath, Swaine & Moore, New York, N.Y., on the brief), for Intervenor-Defendant-Appellee Nassau County Guardians Association.

Before: OAKES, WALKER and KEITH, Circuit Judges.

KEITH, Circuit Judge:

William Hayden and 67 other white, Latino and female applicants to the Nassau County Police Department challenge a district court order which dismissed their class action suit pursuant to Fed.R.Civ.P. 12(b)(6) and 12(c). The district court found that the police department's entrance examination, although designed with race in mind (i.e., to minimize the discriminatory impact on minority candidates), was administered and scored in a race-neutral...

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