University of Michigan Law School
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Case Name United States v. Nassau County Police Department EE-NY-0203
Docket / Court 9:77-CV-01881 ( E.D.N.Y. )
State/Territory New York
Case Type(s) Equal Employment
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On September 21, 1977, the plaintiff filed a lawsuit under Title VII 42 U.S.C. § 1983 et seq. in the United States District Court of the Eastern District of New York against the Nassau County Police Department. Documents dated prior to April 27, 1982 are unavailable. Two companion lawsuits, White ... read more >
On September 21, 1977, the plaintiff filed a lawsuit under Title VII 42 U.S.C. § 1983 et seq. in the United States District Court of the Eastern District of New York against the Nassau County Police Department. Documents dated prior to April 27, 1982 are unavailable. Two companion lawsuits, White v. Nassau County Police Department and United States v. Nassau County, were filed in 1982. The plaintiffs in the former lawsuit alleged that the Nassau County Police Department discriminated against them because they were women.

The White Decree entered during August of 1982 ordered Nassau County to: (1) refrain from engaging in gender discrimination or retaliation; (2) pay class member stipulated sums; and (3) reinstate one of the plaintiffs who had been denied extended maternity leave. The plaintiffs in the latter case alleged that Nassau County discriminated on the basis of race, nationality, and gender with respect to job opportunities, in violation of Title VII, 42. U.S.C. § 2000E, et seq. and the Fourteenth Amendment of the United States Constitution.

The United States decree entered during April of 1982 ordered Nassau County to: (1) ensure that females were considered for employment on an equal basis with white males and (2) provide relief to all policewoman or police cadet applicants who sat for the March 18, 1972 qualifying exam and scored higher than the lowest general average score of any male who was subsequently appointed to police patrolmen or police cadet. Relief included: (1) back pay; (2) appointment to those persons who desired to be considered for appointment and had successfully completed the required training; and (3) retroactive seniority.

On May 22, 1990, the United States Department of Justice intervened as the plaintiff on behalf of white males who took the 1987 police officer examination. Under the rescoring method proposed in the parties' consent decrees, the men received significantly lower scores. The intervenor plaintiff requested relief in the form of sustaining their original scores or assuring them of appointment. An opinion on the case commented that the prospective intervenors should have been aware that this case implicated their interests since 1987, when Nassau County was unable to hire from the 1987 test. Although the petitioners may be prejudiced by the denial of the intervention, the prejudice to them is far outweighed by the prejudice to the existing parties.

Also on May 22, 1990, the court approved a consent order. The case was reopened and reassigned to Judge Joanna Seybert on July 26, 2002. On the same day, a motion to compel the defendants to comply with the terms of both Consent Decrees was brought before the court on behalf of beneficiaries of both decrees. The claims were barred by New York's six year statute of limitations. Since it had been eighteen or more years ago, a presumption of laches existed and the burden was on the plaintiff to prove why the laches defense should not apply. The court ruled that the plaintiff's delay in seeking benefits required by the White Decree was unreasonable and inexcusable. On December 19, 2003, the court found that the claims of the U.S. plaintiffs were ripe for review and that the claims of all of the plaintiffs were barred by the equitable doctrine of laches.

On August 11, 2004, the court allowed the defendant the ability to use the current list of eligible officers for promotion to the rank of sergeant in the Nassau County Police Department to ensure officers for promotion if need be before a new examination is administered. On October 25, 2005, the list for promotion of the rank of sergeant generated by the January 31, 1999 examination was ordered by the court to be expired on the basis that Nassau County had established an eligible list of officers for the promotion to the rank of sergeant based on the results of the April 2005 examination.

On March 30, 2006, the court held that the plaintiffs' arguments were without merit on the grounds of laches.

On February 12, 2008, the court granted an extension on the use of a list of eligible officers which was set to expire before a new test could be approved to generate a new list.

The case was later closed for reasons not apparent.

Joshua Arocho - 07/17/2012


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Hire
Other requirements regarding hiring, promotion, retention
Reinstatement
Retroactive Senority
Defendant-type
Law-enforcement
Discrimination-area
Accommodation / Leave
Hiring
Testing
Discrimination-basis
Pregnancy discrimination
Sex discrimination
General
Pattern or Practice
National Origin/Ethnicity
Hispanic
Plaintiff Type
Private Plaintiff
U.S. Dept of Justice plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
42 U.S.C. § 1983
Defendant(s) Nassau County Police Department
Plaintiff Description Male and Female Police officers with the Nassau County Police Department
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought Yes
Class action status granted Yes
Prevailing Party Mixed
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 2008
Case Ongoing No
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
9:77-CV-01881 (E.D.N.Y.) 02/12/2008
EE-NY-0203-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Request of Plaintiff United States for the Admission of Matters by the Nassau County Defendants
EE-NY-0203-0024.pdf | Detail
Document Source: Papers of Melissa Marshall
[Proposed] Consent Order
EE-NY-0203-0029.pdf | Detail
Document Source: Papers of Melissa Marshall
Notice of Motion [Concerning the Defendant's Response to Interrogatories and Production of Documents]
EE-NY-0203-0036.pdf | Detail
Document Source: Papers of Melissa Marshall
Complaint
EE-NY-0203-0015.pdf | Detail
Document Source: Papers of Melissa Marshall
Civil Service Examination Announcement 12/13/1971
EE-NY-0203-0018.pdf | Detail
Document Source: Papers of Melissa Marshall
Affidavit of Melissa P. Marshall 08/16/1983
EE-NY-0203-0016.pdf | Detail
Document Source: Papers of Melissa Marshall
Memorandum of Plaintiff United States in Opposition the Motion of Virginia O'Halpin, et al., to Intervene as Plaintiff 08/16/1983
EE-NY-0203-0020.pdf | Detail
Document Source: Papers of Melissa Marshall
Memorandum of Decision and Order [Denying Motion to Intervene] 09/19/1983 (E.D.N.Y.)
EE-NY-0203-0019.pdf | Detail
Document Source: Papers of Melissa Marshall
Memorandum of Plaintiff United States in Opposition the Motion of Virginia O'Halpin, et al., for Reargument 10/21/1983
EE-NY-0203-0021.pdf | Detail
Document Source: Papers of Melissa Marshall
Interrogatories of Plaintiff United States to the Nassau County Defendants [With Request for Production of Documents Attached] 06/21/1984
EE-NY-0203-0028.pdf | Detail
Document Source: Papers of Melissa Marshall
Second Set of Interrogatories of Plaintiff United States to the Nassau County Defendants 10/02/1984
EE-NY-0203-0027.pdf | Detail
Document Source: Papers of Melissa Marshall
Response of Plaintiff United States to the Nassau County Defendants' First Request for Admission by Plaintiff [With Attached Affidavit] 05/22/1985
EE-NY-0203-0026.pdf | Detail
Document Source: Papers of Melissa Marshall
Answers of Plaintiff United States to the Nassau County Defendants' Set of Interrogatories Accompanying First Request for Admission 05/22/1985
EE-NY-0203-0030.pdf | Detail
Document Source: Papers of Melissa Marshall
Supplemental Answers of Plaintiff's United States to Defendants' First Set of Interrogatories [With Attached Affidavit] 05/23/1985
EE-NY-0203-0025.pdf | Detail
Document Source: Papers of Melissa Marshall
Complaint in Intervention 05/31/1985
EE-NY-0203-0017.pdf | Detail
Document Source: Papers of Melissa Marshall
[Correspondence with Memorandum in Support of Motion for Leave to Intervene and for Class Certification] 05/31/1985
EE-NY-0203-0022.pdf | Detail
Document Source: Papers of Melissa Marshall
Notice of Motion with Supporting Declarations 05/31/1985
EE-NY-0203-0023.pdf | Detail
Document Source: Papers of Melissa Marshall
Opinion 05/22/1990 (1990 WL 145596) (E.D.N.Y.)
EE-NY-0203-0014.pdf | WESTLAW | Detail
Document Source: Westlaw
Order 07/20/2004 (E.D.N.Y.)
EE-NY-0203-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Notice of Appeal 08/02/2004
EE-NY-0203-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order to Show Cause 08/11/2004 (E.D.N.Y.)
EE-NY-0203-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 08/13/2004 (E.D.N.Y.)
EE-NY-0203-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 08/17/2004 (E.D.N.Y.)
EE-NY-0203-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Notice of Appeal 09/07/2004
EE-NY-0203-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Request to Amend Order 11/08/2004
EE-NY-0203-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[Motion] 12/20/2004
EE-NY-0203-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Correspondence Order 08/11/2005 (E.D.N.Y.)
EE-NY-0203-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[Pleading] 10/25/2005
EE-NY-0203-0010.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 10/25/2005 (E.D.N.Y.)
EE-NY-0203-0011.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Mandate 03/30/2006 (175 Fed.Appx. 405)
EE-NY-0203-0012.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 02/12/2008 (E.D.N.Y.)
EE-NY-0203-0013.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Boyle, E. Thomas (E.D.N.Y.) [Magistrate]
EE-NY-0203-0002 | EE-NY-0203-0003 | EE-NY-0203-0004 | EE-NY-0203-0005 | EE-NY-0203-0006 | EE-NY-0203-0007 | EE-NY-0203-0008 | EE-NY-0203-0009 | EE-NY-0203-0010 | EE-NY-0203-0011 | EE-NY-0203-0012 | EE-NY-0203-0014 | EE-NY-0203-9000
Mishler, Jacob (E.D.N.Y.)
EE-NY-0203-0019
Seybert, Joanna (E.D.N.Y.)
EE-NY-0203-0001 | EE-NY-0203-0002 | EE-NY-0203-0003 | EE-NY-0203-0004 | EE-NY-0203-0005 | EE-NY-0203-0006 | EE-NY-0203-0007 | EE-NY-0203-0008 | EE-NY-0203-0009 | EE-NY-0203-0010 | EE-NY-0203-0011 | EE-NY-0203-0012 | EE-NY-0203-0013 | EE-NY-0203-0014 | EE-NY-0203-9000
Monitors/Masters None on record
Plaintiff's Lawyers Colaizzi, Roger A. (District of Columbia)
EE-NY-0203-0024 | EE-NY-0203-0025 | EE-NY-0203-0026 | EE-NY-0203-0027 | EE-NY-0203-0028 | EE-NY-0203-0030 | EE-NY-0203-0036
Gadzichowski, John M. (District of Columbia)
EE-NY-0203-0015 | EE-NY-0203-0020 | EE-NY-0203-0021 | EE-NY-0203-0024 | EE-NY-0203-0025 | EE-NY-0203-0026 | EE-NY-0203-0027 | EE-NY-0203-0028 | EE-NY-0203-0029 | EE-NY-0203-0030 | EE-NY-0203-0036
Geller, Clare F (District of Columbia)
EE-NY-0203-0002 | EE-NY-0203-0003 | EE-NY-0203-0004 | EE-NY-0203-0005 | EE-NY-0203-0006 | EE-NY-0203-0007 | EE-NY-0203-0008 | EE-NY-0203-0009 | EE-NY-0203-0010 | EE-NY-0203-0011 | EE-NY-0203-0012 | EE-NY-0203-0013 | EE-NY-0203-0014 | EE-NY-0203-9000
Lee, Victoria (District of Columbia)
EE-NY-0203-0029
Levi, Edward H. (District of Columbia)
EE-NY-0203-0015
Marshall, Melissa (District of Columbia)
EE-NY-0203-0016 | EE-NY-0203-0020 | EE-NY-0203-0021 | EE-NY-0203-0024 | EE-NY-0203-0025 | EE-NY-0203-0026 | EE-NY-0203-0027 | EE-NY-0203-0028 | EE-NY-0203-0030 | EE-NY-0203-0036
Pottinger, J. Stanley (District of Columbia)
EE-NY-0203-0015
Robinson, William L. (District of Columbia)
EE-NY-0203-0017 | EE-NY-0203-0023
Rose, David L. (District of Columbia)
EE-NY-0203-0015 | EE-NY-0203-0025 | EE-NY-0203-0026 | EE-NY-0203-0030
Seymour, Richard Talbot (District of Columbia)
EE-NY-0203-0017 | EE-NY-0203-0023
Shulman, Max R. (New York)
EE-NY-0203-0017 | EE-NY-0203-0022 | EE-NY-0203-0023
Slavin, L. Susan Scelzo (New York)
EE-NY-0203-0001 | EE-NY-0203-0002 | EE-NY-0203-0003 | EE-NY-0203-0004 | EE-NY-0203-0005 | EE-NY-0203-0006 | EE-NY-0203-0007 | EE-NY-0203-0008 | EE-NY-0203-0009 | EE-NY-0203-0010 | EE-NY-0203-0011 | EE-NY-0203-0012 | EE-NY-0203-0014 | EE-NY-0203-9000
Trager, David G. (New York)
EE-NY-0203-0015
Ward, Larry G. (District of Columbia)
EE-NY-0203-0015
Defendant's Lawyers Axelrod, Michael Charles (New York)
EE-NY-0203-0013
Fox, Tatum J. (New York)
EE-NY-0203-0002 | EE-NY-0203-0003 | EE-NY-0203-0004 | EE-NY-0203-0005 | EE-NY-0203-0006 | EE-NY-0203-0007 | EE-NY-0203-0008 | EE-NY-0203-0009 | EE-NY-0203-0010 | EE-NY-0203-0011 | EE-NY-0203-0012 | EE-NY-0203-0014 | EE-NY-0203-9000
Greenberg, Harry (New York)
EE-NY-0203-0013
Other Lawyers None on record

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