M.O.C.H.A. SOCIETY, INC. v. CITY OF BUFFALO

Docket Nos. 11-2184-cv, 10-2168-cv.

689 F.3d 263 (2012)

M.O.C.H.A. SOCIETY, INC., Michael Brown, President, M.O.C.H.A. Society Inc., Willie Broadus, Robert Grice, Robert Jones, Walter Jones, Victor Muhammad, William Raspberry, John Tucker, individually and as representatives of African American firefighters employed by the City of Buffalo and the Buffalo Fire Department, who have been discriminated against by the promotional policies, Plaintiffs-Appellants, Otto Brewer, individually and as representative of African American firefighters previously employed by the City of Buffalo and the Buffalo Fire Department, who were terminated pursuant to the Drug Testing Policy of the City of Buffalo Department of Fire, Plaintiff, v. CITY OF BUFFALO, City of Buffalo, Department of Fire, Cornelius King, individually and as Commissioner, Department of Fire, John D. Sixt, individually and as Deputy Commissioner, Department of Fire, Defendants-Appellees. M.O.C.H.A. Society of Buffalo, Inc., Emanuel C. Cooper, Greg Pratchett, Russell Ross, Plaintiffs-Appellants, v. The City of Buffalo, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: July 30, 2012.


Attorney(s) appearing for the Case

Thomas S. Gill, Esq. , Frederick, MD, for Plaintiffs-Appellants.

Joseph S. Brown ( Joshua I. Feinstein , on the brief), Hodgson Russ LLP, Buffalo, NY, for Defendants-Appellees.

Judge KEARSE dissents in a separate opinion.


REENA RAGGI, Circuit Judge:

Plaintiffs, M.O.C.H.A. ("Men of Color Helping All") Society, Inc., and various named individuals, suing on behalf of themselves and as representatives of African American firefighters employed by the City of Buffalo (collectively, "M.O.C.H.A."),1 appeal two judgments entered by the United States District Court for the Western District of New York (John T. Curtin,

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