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Case Name Biondo v. City of Chicago (Chicago Firefighters vs. City of Chicago) EE-IL-0317
Docket / Court 88-cv-3773 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Equal Employment
Special Collection Private Employment Class Actions
Case Summary
On April 29th, 1988 a group of white firefighters filed suit against Chicago in the District Court for the Eastern District of Illinois alleging that the Chicago Fire Department (CFD) had discriminated against them by denying or delaying promotions. The group was certified as a class in May 1990 ... read more >
On April 29th, 1988 a group of white firefighters filed suit against Chicago in the District Court for the Eastern District of Illinois alleging that the Chicago Fire Department (CFD) had discriminated against them by denying or delaying promotions. The group was certified as a class in May 1990. The complaint stemmed from the CFD's 1986 test for promotion. The test had been developed to be non-discriminatory but had disparate impact and thus the CFD elected to use segregated lists for promotion.

The district court (Judge James F. Holderman) separated the liability and damages phase of the case. On October 4th, 2000 a jury determined that the CFD had discriminated against the class. Class members who would not have been promoted were dismissed from the case on September 7th, 2001. On February 28th and May 17th, 2002 two jury trials concerning class members whose promotions were delayed or denied resulted in monetary damages for 19 class members totaling roughly $5.1 million. Chicago appealed to the Seventh Circuit Court of Appeals and on August 27th, 2004 the court (Judge Easterbrook, Judge Manion, and Judge Williams) vacated the awards holding that they were excessive. Plaintiffs were denied en banc review on September 21st, 2004 and their petition for writ of certiorari was denied by the Supreme Court on February 28th, 2005.

A trial concerning injunctive relief resulted in the promotion of a number of these plaintiffs on December 16th, 2005. Settlement negotiations ensued regarding all damages, resulting in final judgments awarding various promotions and reduced monetary damages of roughly $2 million to these plaintiffs in December 2006 and January 2007. The remaining plaintiffs, those whose promotions would have been denied had the CFD not ceased using the lists early, and Chicago engaged in settlement negotiations and on February 20th, 2009 the district court approved a damage allocation process distributing $6 million. Final judgment was entered on October 9th, 2009.

Michael Perry - 06/30/2010


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Issues and Causes of Action
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Issues
Content of Injunction
Promotion
Defendant-type
Fire
Discrimination-area
Promotion
Discrimination-basis
Race discrimination
General
Disparate Treatment
Plaintiff Type
Private Plaintiff
Race
White
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
42 U.S.C. § 1983
Defendant(s) City of Chicago
Plaintiff Description White firefighters whose promotions were delayed or denied.
Class action status sought Yes
Class action status granted Yes
Filed Pro Se 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
Filing Year 1988
Case Closing Year 2009
Case Ongoing No
Additional Resources
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Docket(s)
02-2707 (U.S. Court of Appeals)
EE-IL-0317-9001.pdf | Detail
Date: 02/28/2005
Source: PACER [Public Access to Court Electronic Records]
1:88−cv−03773 (N.D. Ill.)
EE-IL-0317-9000.pdf | Detail
Date: 03/31/2010
Source: PACER [Public Access to Court Electronic Records]
General Documents
(Denying motion to dismiss as to some plaintiffs and granting as to others) [ECF# 454] (N.D. Ill.)
EE-IL-0317-0003.pdf | Detail
Date: 09/07/2001
Source: PACER [Public Access to Court Electronic Records]
Memorandum Order and Opinion Directing Entry of Judgments (2002 WL 335317 / 2002 U.S.Dist.LEXIS 3463) (N.D. Ill.)
EE-IL-0317-0006.pdf | WESTLAW| LEXIS | Detail
Date: 03/01/2002
Source: LexisNexis
MEMORANDUM OPINION DIRECTING ENTRY OF JUDGMENTS [ECF# 708] (2002 WL 1160930) (N.D. Ill.)
EE-IL-0317-0001.pdf | WESTLAW | Detail
Date: 05/30/2002
Source: PACER [Public Access to Court Electronic Records]
MEMORANDUM OPINION EXPLAINING THE EXCLUSION OF THE TESTIMONY OF THE CITY'S PROFFERED EXPERT WITNESS DANIEL GARCIA DURING DAMAGES TRIALS NOS. 1 and 2 (2002 WL 1160948 / 2002 U.S.Dist.LEXIS 9816) (N.D. Ill.)
EE-IL-0317-0007.pdf | WESTLAW| LEXIS | Detail
Date: 05/31/2002
Source: Westlaw
Opinion (Vacating Damages Award) (382 F.3d 608)
EE-IL-0317-0002.pdf | WESTLAW| LEXIS | External Link | Detail
Date: 08/27/2004
Source: U.S. Court of Appeals website
MEMORANDUM OPINION AND ORDER REGARDING CITY OF CHICAGO’S MOTION FOR SUMMARY JUDGMENT [ECF# 1303] (2007 WL 2126088) (N.D. Ill.)
EE-IL-0317-0004.pdf | WESTLAW | Detail
Date: 07/23/2007
Source: PACER [Public Access to Court Electronic Records]
ORDER GRANTING FINAL APPROVAL OF THE GROUP B PLAINTIFFS-INTERVENORS DAMAGE ALLOCATION PROCESS [ECF# 1360] (N.D. Ill.)
EE-IL-0317-0005.pdf | Detail
Date: 02/20/2009
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Easterbrook, Frank Hoover (Seventh Circuit) show/hide docs
EE-IL-0317-0002
Holderman, James F. (N.D. Ill.) show/hide docs
EE-IL-0317-0001 | EE-IL-0317-0003 | EE-IL-0317-0004 | EE-IL-0317-0005 | EE-IL-0317-0006 | EE-IL-0317-0007 | EE-IL-0317-9000
Manion, Daniel Anthony (Seventh Circuit) show/hide docs
EE-IL-0317-0002
Williams, Ann Claire (Seventh Circuit, N.D. Ill.) show/hide docs
EE-IL-0317-0002
Plaintiff's Lawyers Bish, Suzanne Elaine (Illinois) show/hide docs
EE-IL-0317-9000
Fischer, Max (Illinois) show/hide docs
EE-IL-0317-9000
Friedman, Linda (Illinois) show/hide docs
EE-IL-0317-9000 | EE-IL-0317-9001
Gilbert, Jennifer Schoen (Illinois) show/hide docs
EE-IL-0317-9000
Hilliard, Terrance (Illinois) show/hide docs
EE-IL-0317-9000
Leinenweber, Thomas More (Illinois) show/hide docs
EE-IL-0317-9000
Murray, James (Illinois) show/hide docs
EE-IL-0317-9000
Pedersen, Erika E. (Illinois) show/hide docs
EE-IL-0317-9000
Russell, Richard (Illinois) show/hide docs
EE-IL-0317-9000
Stowell, Mary (Illinois) show/hide docs
EE-IL-0317-9000 | EE-IL-0317-9001
Weinstein, Jill (Illinois) show/hide docs
EE-IL-0317-9000
Wood, James Bryan (Illinois) show/hide docs
EE-IL-0317-9000
Zelizer, Ethan G. (Illinois) show/hide docs
EE-IL-0317-9000
Defendant's Lawyers Abrahams, Nadine C. (Illinois) show/hide docs
EE-IL-0317-9000
Avendano, Naomi Ann (Illinois) show/hide docs
EE-IL-0317-9000
Burke, Edward J. (Illinois) show/hide docs
EE-IL-0317-9000
Cohen, Diane S. (Illinois) show/hide docs
EE-IL-0317-9000
Gagliardo, Joseph (Illinois) show/hide docs
EE-IL-0317-9000
Hall, Robert Raymond (Illinois) show/hide docs
EE-IL-0317-9000
Johlie, Christopher (Illinois) show/hide docs
EE-IL-0317-9000
Kertez, Jay Michael (Illinois) show/hide docs
EE-IL-0317-9000
Libby, Eileen (Illinois) show/hide docs
EE-IL-0317-9000
Naber, Jennifer (Illinois) show/hide docs
EE-IL-0317-9000
Pinelli, Vincent Dominick (Illinois) show/hide docs
EE-IL-0317-9000
Rocks, Patrick J. Jr. (Illinois) show/hide docs
EE-IL-0317-9000
Scott, Curtrice (Illinois) show/hide docs
EE-IL-0317-9000
Seery, David (Illinois) show/hide docs
EE-IL-0317-9000
Soloman, Benna Ruth (Illinois) show/hide docs
EE-IL-0317-9001
Vanderwicken, Sarah (Illinois) show/hide docs
EE-IL-0317-9000
Ward, Torrick (Illinois) show/hide docs
EE-IL-0317-9000
Other Lawyers Bredemann, Ronald (Illinois) show/hide docs
EE-IL-0317-9000

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