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STOCKWELL v. CITY AND COUNTY OF SAN FRANCISCO

No. 12-15070.

749 F.3d 1107 (2014)

Juanita STOCKWELL; Michael Lewis; Vince Neeson; Guillermo L. Amigo; E.R. Balinton; Nikolaus Borthne; Edward Browne; Peter Busalacchi; Silvia David; Philip Fleck; Severo Flores; George Fogarty; Malcolm Fong; Mary Godfrey; Jason Hui; Jacklyn M. Jehl; Richard Jue; Robert Leung; Paul Lozada; D.H. Bud Massey; Bruce Meadors; Thomas O'Connor; Susan Rolovich; Jessie Washington; Michael Wells; Gary Castel; Bartholomew Johnson; Mike Bolte; Jones James, Plaintiffs-Appellants, v. CITY AND COUNTY OF SAN FRANCISCO, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 24, 2014.

Attorney(s) appearing for the Case

Michael S. Sorgen (argued), Andrea Adam Brott , and Ryan L. Hicks , Law Offices of Michael S. Sorgen, and Richard A. Hoyer , Hoyer and Associates, San Francisco, CA, for Plaintiffs-Appellants.

Christine Van Aken (argued), Deputy City Attorney, Dennis J. Herrera , City Attorney, Elizabeth Salveson , Chief Labor Attorney, and Jonathan C. Rolnick , Deputy City Attorney, City of San Francisco, San Francisco, CA, for Defendant-Appellee.

Before: J. CLIFFORD WALLACE, RAYMOND C. FISHER, and MARSHA S. BERZON, Circuit Judges.

OPINION

BERZON, Circuit Judge:

Several San Francisco police officers ("the plaintiffs" or "the officers") over the age of forty performed well enough on an examination in 1998 to qualify for consideration for promotion to Assistant Inspector. They allege that a new policy of the San Francisco Police Department ("SFPD") abandoning the examination as a basis for certain assignments worked a disparate impact based on age. The plaintiffs sought certification...

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