University of Michigan Law School
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Case Name Brotherhood of Midwest Guardians v. City of Omaha EE-NE-0018
Docket / Court 8:79-cv-00528 ( D. Neb. )
State/Territory Nebraska
Case Type(s) Equal Employment
Case Summary
This class action case was originally brought in 1991 by the Brotherhood of Midwest Guardians and others against the City of Omaha in the United district Court of the District of Nebraska. Plaintiffs claimed that the city had
engaged in a pattern of discrimination based on race in all ... read more >
This class action case was originally brought in 1991 by the Brotherhood of Midwest Guardians and others against the City of Omaha in the United district Court of the District of Nebraska. Plaintiffs claimed that the city had
engaged in a pattern of discrimination based on race in all aspects of employment in the city's police department.

The Court approved the consent decree in 1979. The details are unknown because the document is not available, but according to the Circuit Court Opinion, the City agreed to eliminate racial discrimination by implementing an
affirmative action plan. The decree provided for "goals," which the city agreed to meet, and provided that it would expire upon a showing of achievement of the goals and maintenance of those goals for over a period of one year.

On December 16, 1991, the Plaintiffs filed a motion to dissolve the Consent Decree and dismiss the case. Their reasoning is unknown as there are so few documents available. The Court (Judge) denied the motion and plaintiffs appealed. In 1993, the Court of Appeals for the Eighth Eircuit reversed the Disctrict Court's judgment and remended for entry of judgment in favor of the plaintiffs, dissolving the decree.

Andrew Kline - 04/06/2008


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Issues and Causes of Action
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Issues
Defendant-type
Law-enforcement
Discrimination-area
Accommodation / Leave
Demotion
Discharge / Constructive Discharge / Layoff
Discipline
Harassment / Hostile Work Environment
Hiring
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Promotion
Seniority
Testing
Training
Discrimination-basis
Race discrimination
General
Pattern or Practice
Plaintiff Type
Private Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) City of Omaha
Plaintiff Description Brotherhood of Midwest Guardians, Inc., a Nebraska non-profit corporation, along with three presumably black applicants to or employees of the Omaha City Police Department, two of whom filed on behalf of themselves and all similarly situated individuals.
Indexed Lawyer Organizations None on record
Class action status sought Unknown
Class action status granted Unknown
Prevailing Party Plaintiff
Public Int. Lawyer No
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 1995
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)
8:79−cv−00528 (D. Neb.) 08/15/1995
EE-NE-0018-9000.pdf | Detail
General Documents
Opinion 10/23/1993 (9 F.3d 677)
EE-NE-0018-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Arnold, Morris Sheppard (Eighth Circuit, W.D. Ark.)
EE-NE-0018-0001
Cambridge, William G. (D. Neb.)
EE-NE-0018-9000
Monitors/Masters None on record
Plaintiff's Lawyers Broom, Robert V. (Nebraska)
EE-NE-0018-9000
Veed, Mary C. (Illinois)
EE-NE-0018-9000
Defendant's Lawyers Dempsey, Robert N. (District of Columbia)
EE-NE-0018-9000
Fellows, James E. (Nebraska)
EE-NE-0018-9000
Greene, Earl G. III (Nebraska)
EE-NE-0018-9000
Hahn, Wendy E. (Nebraska)
EE-NE-0018-9000
Madgett, Paul W. (Nebraska)
EE-NE-0018-9000
Warin, Edward G. (Nebraska)
EE-NE-0018-9000
Other Lawyers None on record

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