JONES v. CITY OF BOSTON

No. 15-2015.

845 F.3d 28 (2016)

Ronnie JONES; Richard Beckers; Walter R. Washington; William E. Bridgeforth; Shawn N. Harris; Eugene Wade; George C. Downing, Jr.; Clararise Bristow; Massachusetts Association of Minority Law Enforcement Officers; Rachelle Couch; Keri Hogan, Plaintiffs, Appellants, v. CITY OF BOSTON; Boston Police Department; William B. Evans, Commissioner of the Boston Police Department, Defendants, Appellees.

United States Court of Appeals, First Circuit.

December 28, 2016.


Attorney(s) appearing for the Case

Lisa J. Pirozzolo , Boston, MA, with whom Jared B. Cohen , Livonia, MI, Jeffrey S. Olshan , Wilmer Cutler Pickering Hale and Dorr LLP, Boston, MA, Iván Espinoza-Madrigal , Oren M. Sellstrom , San Francisco, CA, Laura Maslow-Armand , and Lawyers' Committee for Civil Rights and Economic Justice, Boston, MA, were on brief, for appellants.

Stephen S. Churchill and Fair Work, P.C., Boston, MA, on brief for Fair Employment Project, National Workrights Institute, Jewish Alliance for Law and Social Justice, Massachusetts Law Reform Institute, Boston Society of Vulcans of Massachusetts, Union of Minority Neighborhoods, Massachusetts Employment Lawyers Association, Brazilian Worker Center, Massachusetts Black Lawyers Association, Fair Housing Center of Greater Boston, and Community Change, Inc., amici curiae.

Michael L. Foreman , Sarasota, FL, and Pennsylvania State University, Dickinson School of Law, Civil Rights Appellate Clinic on brief for National Employment Lawyers Association, Equal Justice Society, Justice at Work, and American Civil Liberties Union of Massachusetts, amici curiae.

Helen G. Litsas , Boston, MA, with whom Law Office of Helen G. Litsas was on brief, for appellees.

Before Howard, Chief Judge, Selya and Kayatta, Circuit Judges.


Making their second appearance before this court are eight police officers, a police cadet, and a provisionally hired 911 operator (collectively, the "Officers"), who claim that they suffered adverse employment actions by the Boston Police Department ("Department") as a result of a racially discriminatory hair drug test....

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