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Case Name DeLeo v. City of Boston EE-MA-0020
Docket / Court 03-12538 ( D. Mass. )
State/Territory Massachusetts
Case Type(s) Equal Employment
Case Summary
On December 17, 2003 a white applicant to the police force, filed suit against the City of Boston in the District Court for the District of Massachusetts alleging that Boston's method of selecting police officers was unconstitutional. The suit challenged a consent decree the City entered in 1975 ... read more >
On December 17, 2003 a white applicant to the police force, filed suit against the City of Boston in the District Court for the District of Massachusetts alleging that Boston's method of selecting police officers was unconstitutional. The suit challenged a consent decree the City entered in 1975 which had been designed to produce parity in the racial composition of the city and that of the police department. Applicants must meet a variety of requirements, including passing an entrance exam. After the exam candidates are separated into two ranked lists, one for Caucasian applicants and one for minority applicants. The lists were then combined by alternating applicants from each list. The consent decree was to remain in effect until the percentage of minorities in the police force was commensurate with that of the city. The complaint also alleged gender discrimination in the selection of officers. The suit sought both compensatory and injunctive relief requiring immediate hiring of plaintiff and ceasing the discriminatory hiring procedures.

Additional white applicants joined the action and an amended complaint was filed on March 5, 2004. On July 15, 2004 plaintiffs filed a motion for a preliminary injunction and summary judgment. At issue was whether the consent decree still applied. The district court (Judge Patti B. Saris) ruled on November 23, 2004 that it did not since rough parity had been achieved and thus plaintiffs were entitled to summary judgment. Summary judgment was denied on the gender discrimination claims. The parties engaged in negotiations regarding the remedy resulting in an order on January 26, 2005 requiring that the plaintiffs be placed at the top of the hiring list in the next hiring cycle and that should they be hired by meeting the additional requirements that they be granted retroactive seniority. The parties then negotiated regarding fees and costs and entered a satisfaction of judgment on September 19, 2005.

Michael Perry - 07/15/2010


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Issues and Causes of Action
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Issues
Affected Gender
Male
Content of Injunction
Other requirements regarding hiring, promotion, retention
Defendant-type
Law-enforcement
Discrimination-area
Hiring
Discrimination-basis
Race discrimination
Sex discrimination
General
Disparate Treatment
Plaintiff Type
Private Plaintiff
Race
White
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
State law
42 U.S.C. § 1983
Defendant(s) City of Boston
Commonwealth of Massachusetts
Plaintiff Description A group of white male applicants to the Boston Police Department
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Settlement
Form of Settlement Private Settlement Agreement
Order Duration not on record
Case Closing Year 2006
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)
1:03-cv-12538 (D. Mass.) 01/20/2006
EE-MA-0020-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint, Preliminary Injunctive and Compensatory Relief Requested, and Jury Demand 12/17/2003
EE-MA-0020-0001.pdf | Detail
Document Source: Westlaw
First Amended Complaint, Preliminary Injunctive and Compensatory Relief Requested, and Jury Demand 03/05/2004
EE-MA-0020-0002.pdf | Detail
Document Source: Westlaw
Memorandum and Order (Granting in part and denying in part plaintiff's motion for summary judgment) 11/23/2004 (2004 WL 5740819 / 2004 U.S.Dist.LEXIS 24034) (D. Mass.)
EE-MA-0020-0003.pdf | WESTLAW| LEXIS | External Link | Detail
INTERIM ORDER REGARDING INSTATEMENT (PROPOSED) 01/26/2005 (D. Mass.)
EE-MA-0020-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Saris, Patti B. (D. Mass.) [Magistrate]
EE-MA-0020-0003 | EE-MA-0020-0004 | EE-MA-0020-9000
Monitors/Masters None on record
Plaintiff's Lawyers Alperstein, Robin L. (New York)
EE-MA-0020-9000
Cohen, Nadine M. (Massachusetts)
EE-MA-0020-9000
Daniels, Harry T. (Massachusetts)
EE-MA-0020-9000
Gordon, Alfred (Massachusetts)
EE-MA-0020-9000
Lichten, Harold L. (Massachusetts)
EE-MA-0020-0001 | EE-MA-0020-0002 | EE-MA-0020-9000
Noyes, Christopher R. (Massachusetts)
EE-MA-0020-9000
Selwyn, Mark D. (Massachusetts)
EE-MA-0020-9000
Defendant's Lawyers Cole, Victoria S. (Massachusetts)
EE-MA-0020-9000
Cox, Stephen G. (Massachusetts)
EE-MA-0020-9000
Facher, Betsy J. (New York)
EE-MA-0020-9000
Hoch, William V. (Massachusetts)
EE-MA-0020-9000
Quinan, Robert L. Jr. (Massachusetts)
EE-MA-0020-9000
Rice, Juliana DeHann (Massachusetts)
EE-MA-0020-9000
Sinkel, Ginny (Massachusetts)
EE-MA-0020-9000
Weise, Susan M (Massachusetts)
EE-MA-0020-9000
Other Lawyers None on record

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