LOPEZ v. MASSACHUSETTS

No. 09-1664.

588 F.3d 69 (2009)

Pedro LOPEZ, et al., Plaintiffs, Appellees, v. Commonwealth of MASSACHUSETTS, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided December 3, 2009.


Attorney(s) appearing for the Case

Sookyoung Shin, Assistant Attorney General, and Robert L. Quinan, Jr., Assistant Attorney General, with whom Martha Coakley, Attorney General of Massachusetts, was on brief for appellants.

Harold Lichten, with whom Leah Berrault and Lichten & Liss-Riordan, P.C. were on brief for appellees.

Before LYNCH, Chief Judge, TORRUELLA and HOWARD, Circuit Judges.


LYNCH, Chief Judge.

Plaintiffs, minority police officers, have brought a disparate impact race claim under Title VII, 42 U.S.C. § 2000e-2(k)(1)(A)(i), against a state agency that prepares and administers promotional examinations for local police officers under the state civil service system. The Title VII claim depends on the state being the "employer" of the officers.

Plaintiffs have also sued their direct employers, various cities and the Massachusetts...

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