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MARASCHIELLO v. CITY OF BUFFALO POLICE DEPT.

Docket No. 12-1006-cv.

709 F.3d 87 (2013)

Mark R. MARASCHIELLO, Plaintiff-Appellant, v. CITY OF BUFFALO POLICE DEPARTMENT, H. McCarthy Gipson, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: February 27, 2013.

Attorney(s) appearing for the Case

Richard J. Perry, Jr. ( Lindy Korn , on the brief), Law Office of Lindy Korn, Buffalo, NY, for Appellant.

Joshua Feinstein , Hodgson Russ LLP, Buffalo, NY, for Appellee City of Buffalo Police Department.

Terrence M. Connors ( James W. Grable, Jr. , on the brief), Connors & Vilardo, LLP, Buffalo, NY, for Appellee H. McCarthy Gipson.

Before: JOHN M. WALKER, JR., CABRANES, and WESLEY, Circuit Judges.

WESLEY, Circuit Judge:

Mark Maraschiello, a white male employed as a captain in the City of Buffalo Police Department (the "Department"), sued the Department and its police chief, H. McCarthy Gipson (collectively "defendants"), claiming that their failure to promote him was impermissibly motivated by race. Maraschiello's scores on a 2006 civil service examination rendered him eligible for promotion to the position of inspector. After Buffalo adopted the results of...

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