Case: United States v. City of Virginia Beach

2:06-cv-00189 | U.S. District Court for the Eastern District of Virginia

Filed Date: April 3, 2006

Closed Date: Aug. 29, 2010

Clearinghouse coding complete

Case Summary

On April 3rd, 2006, the United States Department of Justice ("D.O.J.") filed a lawsuit under Title VII, 42 U.S.C. § 2000e, et seq., against the City of Virginia Beach, Virginia in the United States District Court for the Eastern District of Virginia. The defendant City of Virginia Beach employs police officers and is responsible for establishing the terms, conditions, and other practices which bear upon the employment of the city's police officers. The DOJ sought injunctive relief, alleging th…

On April 3rd, 2006, the United States Department of Justice ("D.O.J.") filed a lawsuit under Title VII, 42 U.S.C. § 2000e, et seq., against the City of Virginia Beach, Virginia in the United States District Court for the Eastern District of Virginia. The defendant City of Virginia Beach employs police officers and is responsible for establishing the terms, conditions, and other practices which bear upon the employment of the city's police officers. The DOJ sought injunctive relief, alleging that the defendant violated Title VII by discriminating against African-American and Hispanics on the basis of race and national origin.

Specifically, the DOJ alleges that the defendant's use of a mathematics test as a pass/fail screening device in the selection process for the entry-level position of police officer has had a statistically significant disparate impact against African-American and Hispanic applicants. The DOJ further alleges that the City's use of the mathematics test has not been shown to be job related for the position in question and consistent with business necessity.

On July 24th, 2006, the court (Judge Raymond A. Jackson) entered a consent decree between the United States and the defendant. The decree enjoined the defendant from using the mathematics test as a pass/fail screening device as part of its entry-level police officer selection process, unless used in the following manner: the defendant will consider all applicants who score at least 70% on the reading component of the National Police Officer Screening Test ("POST"), score at least 70% on the grammar component of the POST and obtain an overall POST score of at least 60%. If the defendant wishes to use the test in any other manner, or use a different test, it must notify the United States, and provide a description of the test and the manner in which the defendant intends to use it, the known or likely disparate impact (if any), and all evidence of job relatedness and business necessity. The decree further stipulates that the defendant shall designate an individual responsible for enforcing the consent decree.

The decree also orders the city to deposit money into two settlement funds, the first to be distributed to African-American claimants entitled to monetary relief under the decree, and the second among Hispanic claimants. Individuals eligible for relief under the decree include African-Americans and Hispanics who took the POST during or after 2002, received a score below 70% on the mathematics component, received a score of at least 70% on each of other components, received an overall POST score of at least 60%, and were considered by the defendant to have failed the test.

The defendant may, during the 120 days following the date on which the United States provides to it the list required by the eligibility requirements, require any claimant to appear for and cooperate in any selection procedure designed to allow the defendant to evaluate the claimant's qualifications for the position, using lawful and objective selection procedures.

The decree also contains a section titled "Priority Hiring with Retroactive Hire Date," which stipulates that the defendant shall hire at least 6 African American claimants and 3 Hispanic claimants whom the Court has approved as eligible.

The Court retained jurisdiction until the defendant fulfilled all the obligations regarding individual relief, including crediting of retroactive hire date to claimants hired as priority hires.

The docket shows that there were multiple objections to the consent decree filed after its entry. There was also an order granting a motion to modify the terms of the decree on June 1, 2007. On August 29th, 2007, there was a memorandum order overruling objections to entry of the consent decree, and entering the decree as a final resolution of all claims asserted by the DOJ against the defendant.

In 2009, after the completion of the consent decree, the parties filed a joint motion to dismiss, which was granted. The case is now closed.

Summary Authors

Jennifer Hau (11/11/2007)

Raul Noguera-McElroy (3/3/2019)

People


Judge(s)

Jackson, Raymond Alvin (Virginia)

Stillman, F. Bradford (Virginia)

Attorneys(s) for Plaintiff

Gadzichowski, John M. (District of Columbia)

Palmer, David J. (District of Columbia)

Rosenberg, Chuck (Virginia)

Ruiz, Hector F. (District of Columbia)

Seeley, Sharon (District of Columbia)

Watt, Susan Lynn (Virginia)

Woodard, Karen D. (District of Columbia)

Attorneys(s) for Defendant

Lilley, Leslie Louis (Virginia)

Judge(s)

Jackson, Raymond Alvin (Virginia)

Stillman, F. Bradford (Virginia)

Attorneys(s) for Plaintiff

Gadzichowski, John M. (District of Columbia)

Palmer, David J. (District of Columbia)

Rosenberg, Chuck (Virginia)

Ruiz, Hector F. (District of Columbia)

Seeley, Sharon (District of Columbia)

Watt, Susan Lynn (Virginia)

Woodard, Karen D. (District of Columbia)

Attorneys(s) for Defendant

Lilley, Leslie Louis (Virginia)

Stiles, Mark Douglas (Virginia)

Expert/Monitor/Master

Kim, Wan J. (District of Columbia)

Documents in the Clearinghouse

Document

2:06-cv-00189

Docket

Aug. 2, 2007

Aug. 2, 2007

Docket
1

2:06-cv-00189

Complaint

April 3, 2006

April 3, 2006

Complaint
2

2:06-cv-00189

Consent Decree

April 3, 2006

April 3, 2006

Settlement Agreement

Resources

Docket

Last updated July 24, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against City of Virginia Beach, Virginia, filed by United States of America.(mwin, ) (Entered: 04/04/2006)

April 3, 2006

April 3, 2006

Clearinghouse
2

JOINT MOTION by United States of America and City of Virginia Beach, Virginia for provisional entry of consent decree and scheduling of fairness hearing. (mwin, ) (Entered: 04/04/2006)

April 3, 2006

April 3, 2006

Clearinghouse
3

Memorandum in Support of [2] MOTION for Settlement, by United States of America, City of Virginia Beach, Virginia, received. (mwin, ) (Entered: 04/04/2006)

April 3, 2006

April 3, 2006

4

MOTION for Karen Donnella Woodard to appear Pro hac vice on behalf of the United States of America. (mwin, ) (Entered: 04/05/2006)

April 3, 2006

April 3, 2006

5

MOTION for Hector Federico Ruiz, Jr. to appear Pro hac vice on behalf of United States of America. (mwin, ) (Entered: 04/05/2006)

April 3, 2006

April 3, 2006

6

MOTION for Sharon Ann Seeley to appear Pro hac vice on behalf of United States of America. (mwin, ) (Entered: 04/05/2006)

April 3, 2006

April 3, 2006

7

JOINT MOTION for leave to substitute corrected appendix to consent decree by United States of America, City of Virginia Beach, Virginia. (mwin, ) (Entered: 04/18/2006)

April 17, 2006

April 17, 2006

ORDER granting [7] joint Motion to substitute corrected Appendix B to proposed consent decree, by stamped endorsement upon the face of [7] motion. Signed by Judge Raymond A. Jackson on 4/18/06; filed 4/19/06. Copies mailed to counsel 4/18/06. (mwin, ) (Entered: 04/20/2006)

April 19, 2006

April 19, 2006

8

ORDER provisionally approving proposed consent decree; setting fairness hearing for 7/24/06, 10:00 a.m., Courtroom #4. Signed by Judge Raymond A. Jackson on 4/18/06; filed 4/19/06. Copies mailed to counsel 4/19/06.(mwin, ) (Entered: 04/20/2006)

April 19, 2006

April 19, 2006

ORDER granting and endorsed upon [5] Motion for Hector Federico Ruiz, Jr. to appear Pro hac vice for United States of America. Signed by Judge Raymond A. Jackson on 4/5/06; filed 4/19/06. Copies mailed 4/20/06. (mwin, ) (Entered: 04/20/2006)

April 19, 2006

April 19, 2006

ORDER granting and endorsed upon [6] Motion for Sharon Ann Seeley to appear Pro hac vice for United States of America . Signed by Judge Raymond A. Jackson on 4/5/06; filed 4/19/06. Copies mailed 4/20/06. (mwin, ) (Entered: 04/20/2006)

April 19, 2006

April 19, 2006

Set Deadlines/Hearings: Fairness hearing re proposed consent decree set by [8] order for 7/24/2006 at 10:00 AM in Courtroom 4 before District Judge Raymond A. Jackson. (mwin, ) (Entered: 04/20/2006)

April 19, 2006

April 19, 2006

9

Objection to the entry of the consent decree, filed by Jose B. Lopez. (mwin, ) (Entered: 06/09/2006)

June 8, 2006

June 8, 2006

10

Objection to entry of consent decree, filed by Ebony Payne (mwin, ) (Entered: 06/21/2006)

June 16, 2006

June 16, 2006

11

Objection to the entry of the consent decree, filed by Victor M. Rivas. (mwin, ) (Entered: 06/23/2006)

June 22, 2006

June 22, 2006

12

Memorandum in response to [9] Objection, [11] Objection, [10] Objection, by United States of America, City of Virginia Beach, Virginia, received (mwin, ) (Entered: 07/18/2006)

July 14, 2006

July 14, 2006

13

Minute Entry for proceedings held before District Judge Raymond A. Jackson : Plaintiff appeared through H. Ruiz, Jr.; K. Woodard; S. Seeley; and S. Watt. Defendant appeared through M. Stiles. Fairness hearing held on 7/24/06. Comments of court. Argued. Court approves consent decree. Consent decree entered & filed in open court held on 7/24/2006. (Court Reporter Sharon Borden, OCR) (glen) (Entered: 07/24/2006)

July 24, 2006

July 24, 2006

14

CONSENT DECREE ORDER ent & filed in open court by District Judge Raymond A. Jackson on 07/24/2006. (glen) (Entered: 07/24/2006)

July 24, 2006

July 24, 2006

15

TRANSCRIPT of Proceedings held on 7/24/06 (Fairness Hearing) before Judge Raymond A. Jackson. Court Reporter: Sharon B. Borden, official court reporter. (mwin, ) (Entered: 10/19/2006)

Oct. 18, 2006

Oct. 18, 2006

17

Memorandum in Support of [16] MOTION to modify [14] Order by United States of America, received. (mwin, ) (Entered: 04/23/2007)

April 20, 2007

April 20, 2007

18

MOTION and memorandum for leave to substitute corrected relief awards list for the original list attached to [16] motion to modify terms of decree, by United States of America. (mwin, ) (Entered: 05/04/2007)

May 2, 2007

May 2, 2007

19

Letter RESPONSE to [18] MOTION for leave to substitute corrected relief awards list and to [16] MOTION to modify terms of decree, filed by City of Virginia Beach, Virginia. (mwin, ) (Entered: 05/10/2007)

May 10, 2007

May 10, 2007

[18] MOTION for leave to substitute corrected relief awards list and [16] MOTION to modify terms of decree REFERRED to Judge Jackson. (mwin, ) (Entered: 05/10/2007)

May 10, 2007

May 10, 2007

Set Deadlines/Hearings: Fairness Hearing set for 7/31/2007 10:00 AM in N Courtroom 4 before District Judge Raymond A. Jackson. (glen) (Entered: 05/31/2007)

May 31, 2007

May 31, 2007

20

ORDER granting [16] Motion to modify terms of decree; modifying Paragraph 35 of Consent Decree as outlined; scheduling fairness hearing on individual relief 7/31/07, 10:00 a.m. Signed by Judge Raymond A. Jackson and filed on 6/1/07. Copies to counsel (and to three pro se parties) 6/1/07. (mwin, ) (Entered: 06/05/2007)

June 1, 2007

June 1, 2007

21

ORDER granting [18] Motion for leave to substitute corrected awards list nunc pro tunc 6/1/07. Signed by Judge Raymond A. Jackson and filed on 6/6/07. (mwin, ) (Entered: 06/07/2007)

June 6, 2007

June 6, 2007

22

Objection to United States' determination regarding individual relief to be awarded under consent decree, filed by Kevin O. Frater. (mwin, ) (Entered: 07/05/2007)

July 3, 2007

July 3, 2007

23

Objection to United States' determination regarding individual relief to be awarded under consent decree, filed by Merlin Burchett, postmarked 7/2/07. (mwin, ) (Entered: 07/06/2007)

July 5, 2007

July 5, 2007

24

Objection to United States' determination regarding individual relief to be awarded under consent decree, filed by James M. Scott, postmarked June 30, 2007. (mwin, ) (Entered: 07/11/2007)

July 9, 2007

July 9, 2007

25

Response to claimants' [24] Objection, [22] Objection, [23] Objection filed by City of Virginia Beach, Virginia. (mwin, ) (Entered: 07/26/2007)

July 26, 2007

July 26, 2007

AFFIDAVIT of David G. Squires, attached to and in support of [25] Response to Claimants' objections, filed by City of Virginia Beach, Virginia. (mwin, ) (Entered: 07/26/2007)

July 26, 2007

July 26, 2007

26

SEALED Response to [22] Objection, [23] Objection, [24] Objection, by United States of America; filed UNDER SEAL pursuant to E-Government Act. (mwin, ) (Entered: 07/27/2007)

July 26, 2007

July 26, 2007

27

REDACTED version of Response to [22] Objection, [23] Objection, [24] Objection, filed by United States of America, with attached DECLARATION of Hector Ruiz and DECLARATION of Danielle Pruden(mwin, ) Modified on 7/27/2007 to add Pruden declaration (mwin, ). (Entered: 07/27/2007)

July 26, 2007

July 26, 2007

28

Minute Entry for proceedings held before District Judge Raymond A. Jackson : Plaintiff appeared through Hector F. Ruiz, Jr., Karen D. Woodard and Susan Watt, AUSA. Defendants appeared through Mark D. Stiles. Came on for a Fairness Hearing on 7/31/07. Argued. Court took matter under advisement, and will prepare an order. (Court Reporter Sharon Borden, OCR) (glen) (Entered: 07/31/2007)

July 31, 2007

July 31, 2007

29

MEMORANDUM ORDER overruling objections to entry of Consent Decree; entering [14] Consent Decree as a final resolution of all claims asserted by the United States against the City of Virginia Beach, Virginia. Signed by Judge Raymond A. Jackson and filed on 8/2/07. Copies to counsel of record and pro se interested parties/objectors 8/2/07. ob(mwin, ) (Entered: 08/02/2007)

Aug. 2, 2007

Aug. 2, 2007

Case Details

State / Territory: Virginia

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 3, 2006

Closing Date: Aug. 29, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States, on behalf of African-American and Hispanic applicants

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Virginia Beach (Virginia Beach, Norfolk), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2007 - 2009

Issues

General:

Pattern or Practice

Discrimination-area:

Hiring

Testing

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

Black

National Origin/Ethnicity:

Other