University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Carter v. Gallagher EE-MN-0089
Docket / Court 4:70-cv-00399 ( D. Minn. )
State/Territory Minnesota
Case Type(s) Equal Employment
Special Collection Civil Rights Division Archival Collection
Private Employment Class Actions
Attorney Organization Legal Services/Legal Aid
NDRN/Protection & Advocacy Organizations
Case Summary
In September 1970 a group of black applicants to the Minneapolis Fire Department filed suit against the Civil Service Commission and Minneapolis Fire Department in the Federal District Court for the District of Minnesota. The suit was brought under 42 U.S.C. §§ 1981 and 1983 as well as the ... read more >
In September 1970 a group of black applicants to the Minneapolis Fire Department filed suit against the Civil Service Commission and Minneapolis Fire Department in the Federal District Court for the District of Minnesota. The suit was brought under 42 U.S.C. §§ 1981 and 1983 as well as the Fourteenth Amendment. Plaintiffs brought suit on behalf of all minority applicants and alleged that the Civil Service Commission employed a hiring procedure that exhibited a pattern or practice of discrimination and had a disparate impact on minorities. In 1970 the Minneapolis Fire Department contained 535 members, all of whom were white. Specifically plaintiffs alleged that the format of the test, the recruitment policies, and the additional requirements for employment resulted in unlawful discrimination.

On March 9, 1971 the district court (Judge Larson) entered a finding of fact for the plaintiffs and issued a decree that required, among other things, that the fire department adopt a quota of twenty minority candidates being hired in every hiring cycle. Defendants appealed to the Eighth Circuit Court of Appeals. On September 9, 1971 the court (Judge Matthes, Judge Van Oosterhout, and Judge Eisele) upheld the decree except the quota of 20 minority hires, which it found unconstitutionally discriminated against white applicants. On rehearing en banc on January 7, 1972 the court modified the decision. Rather than strike the quota the court modified it such that the fire department would be required to hire one minority candidate for every two white candidates until 20 minority candidates were hired in each hiring cycle. This order was to be in force until there was racial parity between the city and the fire department.

On April 6, 1972 the district court (Judge Larson) entered the modified decree. Its principle components were the revised hiring scheme, a requirement that the Civil Service Commission devise an affirmative action program for recruiting minority candidates, abandonment of hiring requirements that disproportionally affected minorities, and revision of the candidate examination under EEOC guidelines so that it would be non-discriminatory.

The court retained jurisdiction and monitored compliance with the terms regarding hiring practices until November 15, 2000. On that date the court (Judge Magnuson) entered an order terminating jurisdiction over all aspects of the decree effective January 2, 2001. The court also entered an agreement between the parties on a number of provisions to ensure that hiring practices did not have a disparate impact on minority candidates.

Michael Perry - 07/24/2010


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Issues and Causes of Action
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Issues
Content of Injunction
Other requirements regarding hiring, promotion, retention
Utilize objective hiring/promotion criteria
Defendant-type
Fire
Discrimination-area
Hiring
Discrimination-basis
National origin discrimination
Race discrimination
General
Disparate Impact
Pattern or Practice
National Origin/Ethnicity
Hispanic
Plaintiff Type
Private Plaintiff
Race
American Indian/Alaskan Native
Black
Causes of Action 42 U.S.C. § 1983
42 U.S.C. § 1981
Defendant(s) City of Minneapolis
City of Minneapolis
Plaintiff Description A group of black applicants to the Minneapolis Fire Department
Indexed Lawyer Organizations Legal Services/Legal Aid
NDRN/Protection & Advocacy Organizations
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 1971 - 2001
Case Closing Year 2001
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)
4:70−cv−00399 (D. Minn.) 04/23/2003
EE-MN-0089-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Brief for Plaintiffs-Appellees
EE-MN-0089-0006 PDF | Detail
Document Source: Papers of Chad Quaintance
Opinion (Finding that Defendant has engaged in a pattern or practice of discrimination and imposing a decree) 03/09/1971 (1971 WL 132 / 1971 U.S.Dist.LEXIS 14278) (D. Minn.)
EE-MN-0089-0004 PDF | WESTLAW| LEXIS | Detail
Document Source: LexisNexis
Brief of Appellee Minneapolis Commission of Human Relations 06/07/1971
EE-MN-0089-0007 PDF | Detail
Document Source: Papers of Chad Quaintance
Opinion (Finding a five year residency requirement to claim a veterens preference unconstitutional) 08/06/1971 (337 F.Supp. 626) (D. Minn.)
EE-MN-0089-0003 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion (Revising the decree of the district court) 09/09/1971 (452 F.2d 315)
EE-MN-0089-0001 PDF | WESTLAW| LEXIS | External Link | Detail
Opinion (Instituting new decree) 04/06/1972 (1972 U.S.Dist.LEXIS 14309) (D. Minn.)
EE-MN-0089-0005 PDF | LEXIS | Detail
Document Source: LexisNexis
STIPULATION AND ORDER TERMINATING JURISDICTION 11/15/2000 (D. Minn.)
EE-MN-0089-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Bright, Myron H. (Eighth Circuit)
EE-MN-0089-0001
Eisele, Garnett Thomas (E.D. Ark.)
EE-MN-0089-0001
Gibson, John R. (W.D. Mo., Eighth Circuit)
EE-MN-0089-0001
Heaney, Gerald William (Eighth Circuit)
EE-MN-0089-0001
Larson, Earl Richard (D. Minn.)
EE-MN-0089-0003 | EE-MN-0089-0004 | EE-MN-0089-0005
Lay, Donald Pomery (Eighth Circuit)
EE-MN-0089-0001
Lebedoff, Jonathan G. (D. Minn.) [Magistrate]
EE-MN-0089-9000
Magnuson, Paul Arthur (D. Minn.)
EE-MN-0089-0002 | EE-MN-0089-9000
Matthes, Marion Charles (Eighth Circuit)
EE-MN-0089-0001
Mehaffy, Pat (Eighth Circuit)
EE-MN-0089-0001
Ross, Donald Roe (Eighth Circuit)
EE-MN-0089-0001
Stephenson, Roy Laverne (Eighth Circuit, S.D. Iowa)
EE-MN-0089-0001
Van Oosterhout, Martin Donald (Eighth Circuit)
EE-MN-0089-0001
Monitors/Masters None on record
Plaintiff's Lawyers Becker, Bernard (Minnesota)
EE-MN-0089-0006
Granquist, Luther A. (Minnesota)
EE-MN-0089-0006
Macpherson, Roderick J. III (Minnesota)
EE-MN-0089-9000
Defendant's Lawyers Edelman, Hyman (Minnesota)
EE-MN-0089-0007
Moore, James Anthony (Minnesota)
EE-MN-0089-9000
Osborne, Burt T. (Minnesota)
EE-MN-0089-9000
Quaintance, Charles W. Jr. (Minnesota)
EE-MN-0089-0007
Other Lawyers None on record

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