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PRESCOTT v. HIGGINS

No. 07-2809.

538 F.3d 32 (2008)

Fitzroy PRESCOTT, Plaintiff, Appellant, v. David HIGGINS, Individually and in his capacity as Director of Central Fleet Maintenance, City of Boston Department of Public Works; City of Boston, Defendants, Appellees, Jerry Coughlin, Individually and in his capacity as Superintendent of Central Fleet Maintenance, City of Boston, Department of Public Works, Defendant.

United States Court of Appeals, First Circuit.

Decided August 20, 2008.

Attorney(s) appearing for the Case

Winston Kendall, for appellant.

Karen A. Glasgow, Senior Assistant Corporation Counsel, City of Boston Law Department, with whom William F. Sinnott, Corporation Counsel, was on brief for appellees City of Boston, et al.

Before LYNCH, Chief Judge, O'CONNOR, Associate Justice (Ret.), and TORRUELLA, Circuit Judge.

TORRUELLA, Circuit Judge.

Fitzroy Prescott, an African-American male, is a mechanic for the City of Boston ("the City") who applied for a position as General Foreman for the City's Public Works Department. The selection committee — made up of two white males, one white female, and one African-American male — unanimously chose Horace Ryder, a white male. Prescott filed suit against the City, and two city supervisors in their personal and professional...

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