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BRISCOE v. CITY OF NEW HAVEN

Docket No. 10-1975-cv.

654 F.3d 200 (2011)

Michael BRISCOE, Plaintiff-Appellant, v. CITY OF NEW HAVEN, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 15, 2011.

Attorney(s) appearing for the Case

David N. Rosen , David Rosen & Associates, P.C., New Haven, CT, for Plaintiff-Appellant.

Victor A. Bolden ( Richard A. Roberts and Stacey L. Pitcher , Nuzzo & Roberts, L.L.C., Cheshire, CT, Lawrence D. Rosenberg , Jones Day , Washington, DC, and Kathleen M. Foster , Office of Corporation Counsel, City of New Haven, CT, on the brief), Office of Corporation Counsel, New Haven, CT, for Defendant-Appellee.

Karen Lee Torre , Law Offices of Norman A. Pattis, LLC, Bethany, CT, for Amicus Curiae Frank Ricci et al.

Before: JACOBS, Chief Judge, WINTER and CABRANES, Circuit Judges.

DENNIS JACOBS, Chief Judge:

This appeal raises a disparate-impact issue that was expressly anticipated in Ricci v. DeStefano, ___ U.S. ___, 129 S.Ct. 2658, 174 L.Ed.2d 490 (2009), and which has arisen in the aftermath of that case.

The City of New Haven and the New Haven Civil Service Board ("CSB"), which administer the city's firefighter promotion exams, had been concerned that white candidates had outperformed minority...

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