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LOMACK v. CITY OF NEWARK

No. 05-4126.

463 F.3d 303 (2006)

Charles LOMACK; Harold J. Bane, Jr.; Ramon Dominguez; James P. Willis; Kevin L. Johnson; Paul T. Mazza; Kenneth Reeds; Gary Holman; Luther Roberson, III; Gerrell Elliott; Clarence R. Bruton; James Giles; Dean Gatti; Peter J. Cooney; John P. Melani; Gregory Highsmith; Juan H. Ramos; Dayon Cobbs; Deblin Rodriguez; Ramon Rivera; Charles H. West; Scott Wolf; Wilfredo Rivera; Karreem Jackson; John Brown; Wyndell Cooper; Shannon McTighe; Ashton Robinson; Mark Piserchio; Chris Demuro; Newark Firefighters Union; Eric Barnes; Edward Griffith; Lewis Manning; Frank Zidziunas, Newark Firefighters Officers Union, International Association of Fire Fighters, AFL-CIO, CLC, Local 1860, Appellants v. CITY OF NEWARK; Sharpe James; Edward Dunham; Lowell F. Jones; Norman J. Esparolini.

United States Court of Appeals, Third Circuit.

Filed September 18, 2006.

Attorney(s) appearing for the Case

David Tykulsker, Esq. (Argued), David Tykulsker & Associates, Montclair, NJ, Counsel for Appellants.

Carolyn A. McIntosh, Esq. (Argued), Newark, NJ, Counsel for Appellees.

John H. Findley, Esq., Pacific Legal Foundation, Sacramento, CA, Counsel for Amicus-Appellants.

Before BARRY, VAN ANTWERPEN and JOHN R. GIBSON, Circuit Judges.

OPINION OF THE COURT

BARRY, Circuit Judge.

On July 1, 2002, Sharpe James, newly re-elected as Mayor of Newark, New Jersey, issued a "mandate" in his inaugural speech that, "to improve morale," all single-race fire companies in the Newark Fire Department would be eliminated.1 The racial composition of each of the 108 fire companies was thereafter examined, and dozens of firefighters were...

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