COTTER v. CITY OF BOSTON

Nos. 02-1404, 02-1458 and 02-1459.

323 F.3d 160 (2003)

Winifred COTTER, et al., Appellants/Cross-Appellees, v. The CITY OF BOSTON; Dennis A. White; Harold White; Massachusetts Association of Minority Law Enforcement Officers, Appellees/Cross-Appellants, Commonwealth of Massachusetts, Executive Office for Administration and Finance Human Resources Division, et al., Defendants.

United States Court of Appeals, First Circuit.

Decided March 25, 2003.


Attorney(s) appearing for the Case

Michael C. McLaughlin, for appellants.

Rory FitzPatrick, with whom Irene C. Freidel, Andrew C. Glass, Kirkpatrick & Lockhart, LLP, William V. Hoch, Office of the Legal Advisor, Boston Police Department, were on brief, for appellee The City of Boston.

Rheba Rutkowski, with whom Jonathan M. Albano, Bingham McCutchen LLP, and Nadine M. Cohen, Lawyers Committee for Civil Rights Under Law of the Boston Bar Association, were on brief, for appellees Dennis A. White, Harold White and Massachusetts Association of Minority Law Enforcement Officers.

Before BOUDIN, Chief Judge, FARRIS, Senior Circuit Judge, and TORRUELLA, Circuit Judge.


TORRUELLA, Circuit Judge.

Plaintiffs-appellants, seven Caucasian officers of the Boston Police Department ("BPD" or the "Department"),1 allege that their constitutional rights to equal protection were violated when the Department promoted three African-American police officers to sergeant instead of the appellants, who had the same ranking on the list of officers eligible for promotion.

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