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DONAHUE v. CITY OF BOSTON

No. 03-2227.

371 F.3d 7 (2004)

Bradley J. DONAHUE, Plaintiff, Appellant, v. CITY OF BOSTON, The Boston Police Department, and Paul F. Evans, Individually and in his Official Capacity as Commissioner of the Boston Police Department, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 8, 2004.

Attorney(s) appearing for the Case

Michael C. McLaughlin, for appellant.

Rory Fitzpatrick, with whom Irene C. Freidel, Wendy A. Berliner, and Kirkpatrick & Lockhart LLP, and William V. Hoch, Office of the Legal Advisor of the Boston Police Department, were on brief for appellees.

Before TORRUELLA and LIPEZ, Circuit Judges, and LISI, District Judge.

LIPEZ, Circuit Judge.

This equal protection case is before us for the second time. See Donahue v. City of Boston, 304 F.3d 110 (1st Cir.2002) (Donahue I). Appellant Bradley Donahue sued the City of Boston, the Boston Police Department (BPD), and various public officials, alleging that the hiring practices of the BPD, which are governed by a federal court consent decree, violate the Constitution's guarantee of equal protection...

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