Case: United States v. City of Miami

1:75-cv-03096 | U.S. District Court for the Southern District of Florida

Filed Date: Dec. 29, 1975

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On December 29, 1975, the United States filed a lawsuit under Title VII of the Civil Rights Act of 1964, the Fourteenth Amendment, and 42 U.S.C. §§ 1981 and 1983 against the City of Miami, various city officials, and several police unions. The lawsuit was filed in the United States District Court for the Southern District of Florida on behalf of African American, Hispanic, and female applicants and employees of the Miami Police Department. The complaint sought injunctive relief, and alleged t…

On December 29, 1975, the United States filed a lawsuit under Title VII of the Civil Rights Act of 1964, the Fourteenth Amendment, and 42 U.S.C. §§ 1981 and 1983 against the City of Miami, various city officials, and several police unions. The lawsuit was filed in the United States District Court for the Southern District of Florida on behalf of African American, Hispanic, and female applicants and employees of the Miami Police Department. The complaint sought injunctive relief, and alleged that defendants discriminated in their hiring and promotion decisions.

In 1977, the District Court (Judge Joe Eaton) approved a consent decree over the objection of the Fraternal Order of the Police ("FOP"). The consent decree required the City to establish promotional goals for protected minority groups and prohibited discrimination on the basis of race, national origin, or gender.

In 1980, the FOP appealed the district court's approval of the consent decree. The Fifth Circuit (now the Eleventh Circuit) approved the consent decree and remanded it to the district court to exercise supervisory jurisdiction over compliance. United States v. City of Miami, 614 F.2d 1322 (5th Cir. 1980) (Judges Homer Thornberry, Iriving Loeb Goldberg, and Thomas Gibbs Gee). Upon further appeal by the FOP, the Fifth Circuit granted a rehearing en banc. The Eleventh Circuit (en banc) approved the decree's provisions, but held those provisions applying to the FOP to be invalid since the FOP had not consented to the decree. United States v. City of Miami, 664 F.2d 435 (11th Cir. 1981).

On remand, the district court (Judge Eaton) entered a consent order on April 14, 1983, to which the FOP consented. This consent decree maintained in full force and effect the provisions of the earlier consent decree.

In 1979, the City of Miami enacted Ordinance 8977 in response to the consent decree. Ordinance 8977 expanded the list of eligible candidates from which selecting officials may consider for promotion, increasing the number of qualified black, Latino, female, as well as white, Anglo, and male candidates considered for promotion. Within four years of the City enacting this ordinance, the Miami Fire Department promoted seven Anglo men, six Latin males, and three black males. Without the ordinance, Anglo males would have received sixteen of the seventeen promotions, just one Latin male would have received a promotion, and no black males would have received a promotion.

The Miami Fire Department filed an action in state court seeking to enjoin the City from enacting the Ordinance. The state court action was dismissed and the U.S. District Court took jurisdiction of the claim since it involved the interpretation and enforcement of the 1977 consent decree. The court (Judge James W. Kehoe) held that the Miami Fire Department was bound by the consent entered into by the City and that the consent decree did not violate any laws. United States v. City of Miami, No. 75-3096, 1983 WL 532 (S.D. Fla. June 1, 1983).

The Fire Department again challenged Ordinance 8977 stating that it conflicted with its rights to collectively bargain with their Union concerning wages and working conditions. The Fire Department alternatively argued that the ordinance required it to promote unqualified, minority candidates. The district court (Judge Kehoe) held that the ordinance pertained to hiring and promotion, not wages and conditions. The court further held that the ordinance only required the Fire Department to look at a larger number of qualified candidates and increase the Fire Departments flexibility to consider all qualified candidates. The court further noted that the Fire Department still hired and promoted a disproportionate number of Anglo males. United States v. City of Miami, Florida, No. 75-3096, 1990 WL 130005 (S.D. Fla. Jan. 9, 1990).

In 1993, the FOP filed two civil contempt motions against the City for consent decree violations stemming from the promotion of minority police officers to the rank of lieutenant even though, the FOP stated, these officers did not have the necessary minimum exam score to be considered for the promotion. The FOP argued the city was basing its promotion decisions solely on race in violation of the consent decree.

On March 13, 1998, the district court (Judge Kehoe) granted the FOP's motions and awarded broad, make-whole monetary relief to all adversely affected police officers as if each would have actually received a promotion.

On May 4, 1999, the district court issued an order superseding the 1977 consent decree with respect to certain positions within the Police Department. Under the order, the City was obligated to file reports every four months until the expiration of the order, describing its progress.

On November 17, 1999, the Eleventh Circuit (Judge Anderson, Chief Judge Stanley Marcus, and Senior District Judge Richard Mills) vacated and remanded the district court's decision holding that the remedial award should have been divided in a pro rata amount among the adversely affected officers. United States v. City of Miami, 195 F.3d 1292 (11th Cir. 1999), reh'g en banc denied, 209 F.3d 726 (2000), cert. denied, 531 U.S. 815 (2000).

The case is still ongoing, as the City continues to file reports on its compliance with the 1999 order. As of this writing, the City had filed 44 reports, describing its progress.

On August 20th, 2018, the court granted the unopposed motion to terminate the consent decree after continuous compliance by the City of Miami.

Summary Authors

Emilee Baker (8/29/2007)

Zhandos Kuderin (7/16/2014)

Claire Lally (3/22/2015)

Raul Noguera-McElroy (4/5/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6983361/parties/united-states-v-city-of-miami/


Judge(s)

Ainsworth, Robert Andrew Jr. (Louisiana)

Anderson, Terence J (Florida)

Brown, John Robert (Louisiana)

Clark, Thomas Alonzo (Georgia)

Fay, Peter Thorp (Florida)

Garza, Reynaldo Guerra (Texas)

Gee, Thomas Gibbs (Louisiana)

Godbold, John Cooper (Louisiana)

Goldberg, Irving Loeb (Louisiana)

Hatchett, Joseph Woodrow (Florida)

Judge(s)

Ainsworth, Robert Andrew Jr. (Louisiana)

Anderson, Terence J (Florida)

Brown, John Robert (Louisiana)

Clark, Thomas Alonzo (Georgia)

Fay, Peter Thorp (Florida)

Garza, Reynaldo Guerra (Texas)

Gee, Thomas Gibbs (Louisiana)

Godbold, John Cooper (Louisiana)

Goldberg, Irving Loeb (Louisiana)

Hatchett, Joseph Woodrow (Florida)

Henderson, Albert John (Georgia)

Highsmith, Shelby (Florida)

Hill, James Clinkscales (Florida)

Johnson, Frank Minis Jr. (Alabama)

Kehoe, James W. (Florida)

King, Carolyn Dineen (Texas)

Kravitch, Phyllis A. (Georgia)

Lander, Esther G. (District of Columbia)

Marcus, Stanley (Florida)

Mills, Richard Henry (Illinois)

Politz, Henry Anthony (Louisiana)

Reavley, Thomas Morrow (Texas)

Roney, Paul Hitch (Florida)

Rubin, Alvin Benjamin (Louisiana)

Seitz, Patricia A. (Florida)

Tate, Albert Jr. (Louisiana)

Thornberry, William Homer (Texas)

Tjoflat, Gerald Bard (Florida)

Vance, Robert Smith (Alabama)

Williams, Jerre Stockton (Texas)

Attorneys(s) for Plaintiff

Bachman, Eric (District of Columbia)

Bell, Griffin Boyette (Georgia)

Bluestein, Richard M. (Massachusetts)

Bricker, Myrna D. (District of Columbia)

Days, Drew S. III (District of Columbia)

Dimsey, Dennis J. (District of Columbia)

Erickson−Pogorzelski, Anthony (District of Columbia)

Keefer, William A. (Florida)

Landsberg, Brian K. (District of Columbia)

Matesich, Mildred M. (District of Columbia)

McElderry, Marie K. (District of Columbia)

Padgett, Squire (District of Columbia)

Rios-Gandara, Maria H (District of Columbia)

Rose, David L. (District of Columbia)

Weiss, Carolyn P. (District of Columbia)

Attorneys(s) for Defendant

Jones, Kevin Renard (Florida)

Klausner, Robert David (Florida)

Knox, George (Florida)

Sharp, Christopher Charles (Florida)

Smith, Albertine B. (Florida)

Turin, Mimi Vivien (Florida)

Valdes, Teri Guttman (Florida)

Vizcaino, Diana (Florida)

Weinsoff, Irving (Florida)

Other Attorney(s)

Behren, Scott M. (Florida)

Crawford, Sarah (District of Columbia)

Cypen, Stephen H. (Florida)

Losak-Jimenez, Joyce (Florida)

Wiggins, Audrey (District of Columbia)

Expert/Monitor/Master

Cohen, Ronald Jay (Florida)

Kaufman, Stuart Andrew (Florida)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 20, 2018 Docket

Opinion

United States v. City of Miami, Florida

U. S. Court of Appeals for the Eleventh Circuit

614 F.2d 1322

April 10, 1980 Order/Opinion

Opinion

United States v. City of Miami, Florida

U. S. Court of Appeals for the Eleventh Circuit

664 F.2d 435

Dec. 3, 1981 Order/Opinion

Order

1983 WL 532, 1983 U.S.Dist.LEXIS 16544

June 1, 1983 Order/Opinion

Order

United States v. City of Miami, Florida

1990 WL 130005, 1990 U.S.Dist.LEXIS 3881

Jan. 9, 1990 Order/Opinion

Opinion

U. S. Court of Appeals for the Eleventh Circuit

195 F.3d 1292

Nov. 17, 1999 Order/Opinion

Opinion

U. S. Court of Appeals for the Eleventh Circuit

209 F.3d 726

Feb. 11, 2000 Order/Opinion

Opinion

Fraternal Order of Police v. United States

Supreme Court of the United States

531 U.S. 815, 121 S.Ct. 52, 148 L.Ed.2d 20

Oct. 2, 2000 Order/Opinion
774

Notice of Compliance and 24th Report to the Department of Justice

U.S. v. City of Miami

May 11, 2007 Pleading / Motion / Brief
839

Order Terminating May 1999 Order

United States of America v. City of Miami

Aug. 21, 2018 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6983361/united-states-v-city-of-miami/

Last updated May 20, 2022, 1:30 a.m.

ECF Number Description Date Link
1

COMPLAINT filed; FILING FEE $150.00 (Former Deputy Clerk) (Entered: 08/06/1997)

Dec. 29, 1975
837

Order on Motion for Miscellaneous Relief

May 31, 2018 PACER
838

Miscellaneous Relief

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

July 19, 2018 PACER

Case closed (Former Deputy Clerk) (Entered: 08/06/1997)

June 1, 1983

Case reopened (Former Deputy Clerk) (Entered: 08/06/1997)

Jan. 16, 1985
839

Order on Motion for Miscellaneous Relief

Aug. 21, 2018 PACER

Case closed (Former Deputy Clerk) (Entered: 08/06/1997)

Jan. 31, 1995
577

ORDER granting motion for extension of time for filing of stipulated facts and proposed orders, up to and including 3/14/97. ( signed by Judge James W. Kehoe on 2/19/97) CCAP (Former Deputy Clerk) (Entered: 08/06/1997)

Feb. 19, 1997
578

Statement of: undisputed facts by City of Miami, Fraternal Order (Former Deputy Clerk) (Entered: 08/06/1997)

March 14, 1997
579

Seventh Report of development of new hiring procedures: by City of Miami (Former Deputy Clerk) (Entered: 08/06/1997)

June 2, 1997
580

MEMORANDUM of law by City of Miami regarding the effect, if any, of U.S. v. City of Miami, FLA., 11 FLA.L.Weekly Fed. C 56 (6/20/97) on the instant case. (Former Deputy Clerk) (Entered: 08/06/1997)

July 30, 1997
581

MEMORANDUM of law by Fraternal Order concerning the impact of USA v. City of Miami and IAFF 587. (Former Deputy Clerk) (Entered: 08/06/1997)

July 30, 1997
582

Eight Report of: development of new hiring procedures by City of Miami (Former Deputy Clerk) (Entered: 10/03/1997)

Sept. 30, 1997
583

STIPULATION by Fraternal Order for substitution of counsel (Former Deputy Clerk) (Entered: 10/14/1997)

Oct. 9, 1997
583

ORDER granting [583−1] stipulation of counsel. Robert D. Klausner, P.A. is substituted for Klausner & Cohen, P.A. as counsel for Fraternal Order of Police. ( signed by Judge James W. Kehoe on 10/9/97) CCAP (Former Deputy Clerk) (Entered: 10/14/1997)

Oct. 9, 1997
584

STIPULATION by Prof. Firefighters for substitution of counsel (Former Deputy Clerk) (Entered: 10/14/1997)

Oct. 9, 1997
584

ORDER granting [584−1] stipulation of counsel. Robert D. Klausner, P.A. is substituted for Klausner & Cohen, P.A. ( signed by Judge James W. Kehoe on 10/9/97) CCAP (Former Deputy Clerk) (Entered: 10/14/1997)

Oct. 9, 1997
585

STIPULATION by Fraternal Order In Re: substitution of counsel. Robert D. Klausner, P.A. is substituted as counsel and Klausner & Cohen, P.A. is relieved of all further responsibility in this cause. (Former Deputy Clerk) (Entered: 11/07/1997)

Nov. 4, 1997
586

Ninth Report of: Development of New Hiring Procedures by City of Miami (Former Deputy Clerk) (Entered: 02/04/1998)

Feb. 2, 1998
587

MANDATE OF USCA (certified copy) Reversing and remanding cause to District Court with instructions to grant Local 587's motion to dissolve the 1977 consent decree provisions relating to promotions as to Appeal; Mandate Issued Date: 2/3/98; USCA Appeal #95−4255; Copy to Judge. (cp, Deputy Clerk) (Entered: 02/10/1998)

Feb. 6, 1998

Record on appeal returned from U.S. Court of Appeals: Volumes 10, 11 and 25 of the record and volumes 1&2 of the supplemental record will be returned at a later date. USCA 95−4255 (cp, Deputy Clerk) (Entered: 02/10/1998)

Feb. 6, 1998
588

NOTICE of supplemental authority that the decision of the US Court of Appeals in USA v. City of Miami and IAFF 587 has become final by Fraternal Order (Former Deputy Clerk) (Entered: 02/11/1998)

Feb. 9, 1998

Record on appeal returned from U.S. Court of Appeals: original record on appeal, consisting of three volumes of record (10, 11, 25) and two volumes of supplemental record; USCA #: 95−4255 (cp, Deputy Clerk) (Entered: 02/17/1998)

Feb. 12, 1998
589

ORDER granting motions for rule to show cause relating to promotional practices in the City of Miami ( signed by Judge James W. Kehoe on 3/13/98) CCAP (Former Deputy Clerk) (Entered: 03/16/1998)

March 13, 1998
590

NOTICE of attorney appearance for United States by Benjamin J. Bluestein, Civil Rights Division, U.S. Department of Justice, P. O. Box 65968, Washington, D.C. 20035−5968 (202)514−3842 (Former Deputy Clerk) (Entered: 04/02/1998)

April 1, 1998
591

NOTICE OF APPEAL by City of Miami of [589−1] order . EOD Date: 3/13/98; Filing Fee: $ 105.00; Receipt #: 690487; Copies to USCA and Counsel of Record. (nc, Deputy Clerk) (Entered: 04/13/1998)

April 8, 1998

ACKNOWLEDGMENT of receipt by U.S.C.A. of: certified copy of notice of appeal, order appealed from. U.S.C.A. # 98−4626 (Former Deputy Clerk) (Entered: 05/07/1998)

April 30, 1998
592

NOTICE OF APPEAL by United States of [589−1] order granting motions for rule to show cause. EOD Date: 3/16/98; ;; Appeal record due on 5/18/98 Copies to USCA and Counsel of Record. (Former Deputy Clerk) (Entered: 05/12/1998)

May 8, 1998
593

MOTION with memorandum in support by Fraternal Order to show cause why City of Miami should not be held in contempt for failure to abide by orders of the Court (Former Deputy Clerk) (Entered: 05/15/1998)

May 12, 1998
594

MOTION by City of Miami to amend paragraph III(E) of the Court's 1/31/95 order superseding the 1977 consent decree to include the following sentence: "Workers in City Departments shall be included in the recruiting program (Former Deputy Clerk) (Entered: 05/20/1998)

May 19, 1998
595

NOTICE OF FILING EXHIBIT A to: [593−1] motion to show cause why City of Miami should not be held in contempt for failure to abide by orders of the Court by Fraternal Order, inadvertently omitted. (Former Deputy Clerk) (Entered: 05/26/1998)

May 20, 1998
596

MOTION by City of Miami to extend time to respond to the motion for rule to show cause, up to and including 6/5/98 (Former Deputy Clerk) (Entered: 06/01/1998)

May 29, 1998
597

TENTH STATUS REPORT on development of new hiring procedures by City of Miami (Former Deputy Clerk) (Entered: 06/01/1998)

May 29, 1998
598

MOTION by United States to extend time to file a response to a motion for rule to show cause, up to and including 6/15/98 (Former Deputy Clerk) (Entered: 06/02/1998)

June 1, 1998
599

RESPONSE by City of Miami in opposition to [593−1] motion to show cause why City of Miami should not be held in contempt for failure to abide by orders of the Court (Former Deputy Clerk) (Entered: 06/09/1998)

June 8, 1998
600

RESPONSE by United States in opposition to [593−1] motion to show cause why City of Miami should not be held in contempt for failure to abide by orders of the Court (Former Deputy Clerk) (Entered: 06/15/1998)

June 12, 1998
601

ORDER granting [596−1] motion to extend time to respond to the motion for rule to show cause, up to and including 6/5/98. Response is accepted as timely filed. ( signed by Judge James W. Kehoe on 6/12/98) CCAP (Former Deputy Clerk) (Entered: 06/16/1998)

June 12, 1998
602

ORDER granting [598−1] motion to extend time to file a response to a motion for rule to show cause, up to and including 6/15/98 Response to motion reset to 6/15/98 for [593−1] motion to show cause why City of Miami should not be held in contempt for failure to abide by orders of the Court ( signed by Judge James W. Kehoe on 6/12/98) CCAP (Former Deputy Clerk) (Entered: 06/16/1998)

June 12, 1998
603

NOTICE of absence from the district from 7/22/98 through 8/6/98 by attorney for Fraternal Order (Former Deputy Clerk) (Entered: 06/16/1998)

June 16, 1998
604

MOTION by Fraternal Order to extend time to reply to the response to the motion for rule to show cause, up to and including 6/30/98. (Former Deputy Clerk) (Entered: 06/23/1998)

June 18, 1998
606

ORDER granting [604−1] motion to extend time to reply to the response to the motion for rule to show cause, up to and including 6/30/98. Response to motion reset to 6/30/98 for [593−1] motion to show cause why City of Miami should not be held in contempt for failure to abide by orders of the Court ( signed by Judge James W. Kehoe on 6/26/98) CCAP (Former Deputy Clerk) (Entered: 06/29/1998)

June 26, 1998
607

REPLY and memorandum in support by Fraternal Order to response to [593−1] motion to show cause why City of Miami should not be held in contempt for failure to abide by orders of the Court (Former Deputy Clerk) (Entered: 07/01/1998)

June 29, 1998
608

COPY of paper docket sheet. (vp, Deputy Clerk) (Entered: 07/06/1998)

July 6, 1998
609

MOTION by United States for leave to file a sur−reply in response to FOP's reply memorandum relating to the FOP's 5/12/98 motion for rule to show cause. (Former Deputy Clerk) (Entered: 07/17/1998)

July 15, 1998
610

RESPONSE by Fraternal Order in opposition to [609−1] motion for leave to file a sur−reply in response to FOP's reply memorandum relating to the FOP's 5/12/98 motion for rule to show cause. (Former Deputy Clerk) (Entered: 07/20/1998)

July 17, 1998
611

ELEVENTH STATUS REPORT on development of new hiring procedures by City of Miami (Former Deputy Clerk) (Entered: 10/30/1998)

Oct. 29, 1998

ACKNOWLEDGMENT of receipt by U.S.C.A. of: C.O.R on 11/12/98 U.S.C.A. # 98−4626 (nc, Deputy Clerk) (Entered: 12/07/1998)

Nov. 24, 1998
612

MOTION by City of Miami to supplement record on appeal to include motion for rule to show cause (attached). (Former Deputy Clerk) (Entered: 01/04/1999)

Dec. 31, 1998
613

MOTION by Fraternal Order to show cause why the City of Miami should not be held in contempt for failure to abide by the orders of this Court , for an evidentiary hearing on the motion to show cause , for attorney fees , for bill of costs (Former Deputy Clerk) Modified on 01/22/1999 (Entered: 01/22/1999)

Jan. 20, 1999
614

MOTION by Fraternal Order for an order to show cause why the City of Miami should not be held in contempt for violation of the Court's Order , for an evidentiary hearing on the motion to show cause , for attorney fees , for bill of costs (Former Deputy Clerk) (Entered: 01/22/1999)

Jan. 20, 1999
615

MOTION by Fraternal Order for an order to show cause why the City of Miami should not be held in in contempt for violation of the the Court's Order , for an evidentiary hearing on the motion to show cause , for attorney fees , for bill of costs (Former Deputy Clerk) (Entered: 01/22/1999)

Jan. 20, 1999
617

TWELFTH STATUS REPORT on development of new hiring procedures by City of Miami (Former Deputy Clerk) (Entered: 02/02/1999)

Jan. 29, 1999
618

RESPONSE by City of Miami in opposition to [613−1] motion to show cause why the City of Miami should not be held in contempt for failure to abide by the orders of this Court, [613−3] motion for attorney fees, [613−4] motion for bill of costs (Former Deputy Clerk) (Entered: 02/03/1999)

Feb. 2, 1999
619

RESPONSE by City of Miami in opposition to [615−1] motion for an order to show cause why the City of Miami should not be held in in contempt for violation of the the Court's Order, [615−3] motion for attorney fees, [615−4] motion for bill of costs (Former Deputy Clerk) (Entered: 02/03/1999)

Feb. 2, 1999
620

RESPONSE by City of Miami in opposition to [614−1] motion for an order to show cause why the City of Miami should not be held in contempt for violation of the Court's Order, [614−3] motion for attorney fees, [614−4] motion for bill of costs (Former Deputy Clerk) (Entered: 02/03/1999)

Feb. 2, 1999
621

MOTION by Fraternal Order to extend time to reply to the responses to the motions for rule to show cause, up to and including 2/23/99. (Former Deputy Clerk) (Entered: 02/04/1999)

Feb. 3, 1999
622

NOTICE of correction in response to motion for rule to show cause pertaining to the police sargeant eligible register established 4/4/94 by City of Miami (Former Deputy Clerk) (Entered: 02/09/1999)

Feb. 4, 1999
623

NOTICE of correction to the response to to the motion for rule to show cause pertaining to the police captain's eligible register established 7/29/98 by City of Miami (Former Deputy Clerk) (Entered: 02/09/1999)

Feb. 4, 1999
624

NOTICE of correction to the response to the motion for rule to show cause pertaining to the police sargeant eligible register established 9/1/98 by City of Miami (Former Deputy Clerk) (Entered: 02/09/1999)

Feb. 4, 1999
625

CLERK'S NOTICE OF REASSIGNMENT OF CLOSED CASE. Case reassigned to Judge Shelby Highsmith for all further proceedings. (Former Deputy Clerk) (Entered: 02/09/1999)

Feb. 5, 1999
630

ORDER granting [621−1] motion to extend time to reply to the responses to the motions for rule to show cause, up to and including 2/23/99. ( signed by Judge Shelby Highsmith on 2/10/99) CCAP (cj, Deputy Clerk) (Entered: 02/17/1999)

Feb. 10, 1999
629

ORDER granting [616−1] motion to extend time to respond to the motions for rule to show cause, up to and including 2/16/99. ( signed by Judge Shelby Highsmith on 2/10/99) CCAP (cj, Deputy Clerk) (Entered: 02/17/1999)

Feb. 10, 1999
626

RESPONSE by United States in opposition to [614−1] motion for an order to show cause why the City of Miami should not be held in contempt for violation of the Court's Order relating to police sargeant promotions in 1994 and 1995. (Former Deputy Clerk) (Entered: 02/12/1999)

Feb. 11, 1999
627

RESPONSE by United States in opposition to [614−1] motion for an order to show cause why the City of Miami should not be held in contempt for violation of the Court's Order relating to police captain promotions in 9/98. (Former Deputy Clerk) (Entered: 02/12/1999)

Feb. 11, 1999
628

RESPONSE by United States in opposition to [615−1] motion for an order to show cause why the City of Miami should not be held in in contempt for violation of the the Court's Order relating to police sargeant promotions in 9/98. (Former Deputy Clerk) (Entered: 02/12/1999)

Feb. 11, 1999
631

REPLY by Fraternal Order to response to [614−1] motion for an order to show cause why the City of Miami should not be held in contempt for violation of the Court's Order (cj, Deputy Clerk) (Entered: 02/18/1999)

Feb. 12, 1999
633

REPLY by Fraternal Order to response to [613−1] motion to show cause why the City of Miami should not be held in contempt for failure to abide by the orders of this Court, [613−2] motion for an evidentiary hearing on the motion to show cause, [613−3] motion for attorney fees, [613−4] motion for bill of costs (gz, Deputy Clerk) (Entered: 02/26/1999)

Feb. 23, 1999
634

REPLY by Fraternal Order to response to [614−1] motion for an order to show cause why the City of Miami should not be held in contempt for violation of the Court's Order, [614−2] motion for an evidentiary hearing on the motion to show cause, [614−3] motion for attorney fees, [614−4] motion for bill of costs (gz, Deputy Clerk) (Entered: 02/26/1999)

Feb. 23, 1999
635

REPLY by Fraternal Order to response to [615−1] motion for an order to show cause why the City of Miami should not be held in in contempt for violation of the the Court's Order, [615−2] motion for an evidentiary hearing on the motion to show cause, [615−3] motion for attorney fees, [615−4] motion for bill of costs (gz, Deputy Clerk) (Entered: 02/26/1999)

Feb. 23, 1999
636

ORDER denying [614−1] motion for an order to show cause why the City of Miami should not be held in contempt for violation of the Court's Order ( signed by Judge Shelby Highsmith on 3/1/99) CCAP (cj, Deputy Clerk) (Entered: 03/08/1999)

March 2, 1999
637

ORDER granting [593−1] motion to show cause why City of Miami should not be held in contempt for failure to abide by orders of the Court, 3/2/99 order is amended to reflect that there were four motions for rule to show cause pending in this action, and that three out of the four were filed in January of this year ( signed by Judge Shelby Highsmith on 3/8/99) CCAP (cj, Deputy Clerk) (Entered: 03/12/1999)

March 8, 1999
638

ORDER denying [609−1] motion for leave to file a sur−reply in response to FOP's reply memorandum relating to the FOP's 5/12/98 motion for rule to show cause. ( signed by Judge Shelby Highsmith on 3/11/99) CCAP (cj, Deputy Clerk) (Entered: 03/17/1999)

March 11, 1999
639

MOTION by Fraternal Order for rule to show cause (cj, Deputy Clerk) (Entered: 03/17/1999)

March 11, 1999
640

RESPONSE by City of Miami to [639−1] motion for rule to show cause (cj, Deputy Clerk) (Entered: 03/23/1999)

March 22, 1999
641

MOTION by United States for entry of order superseding the 1977 consent decree with respect to the public service aide and sworn classified positions in the police department (cj, Deputy Clerk) (Entered: 03/24/1999)

March 23, 1999
642

MOTION by United States for leave to file exceeding 20 pages in length (cj, Deputy Clerk) (Entered: 03/24/1999)

March 23, 1999
643

MEMORANDUM by United States in support of [642−1] motion for leave to file exceeding 20 pages in length (cj, Deputy Clerk) (Entered: 03/24/1999)

March 23, 1999
644

MEMORANDUM by United States in support of [641−1] motion for entry of order superseding the 1977 consent decree with respect to the public service aide and sworn classified positions in the police department (cj, Deputy Clerk) (Entered: 03/25/1999)

March 23, 1999
645

RESPONSE by United States to [615−1] motion for an order to show cause why the City of Miami should not be held in in contempt for violation of the the Court's Order (cj, Deputy Clerk) (Entered: 03/26/1999)

March 25, 1999
646

MOTION by Fraternal Order to extend time to respond to the motion for entry of order superseding the 1977 consent decree (cj, Deputy Clerk) (Entered: 04/05/1999)

March 31, 1999
647

Notice of compliance: by City of Miami with Court Order of 1/31/95 regarding development of new firefighter employment examination (Former Deputy Clerk) (Entered: 04/06/1999)

April 1, 1999
649

REPLY by Fraternal Order to response to [639−1] motion for rule to show cause (Former Deputy Clerk) (Entered: 04/07/1999)

April 2, 1999
650

NOTICE of Hearing on Motions for Rule to Show Cause: Motion hearing before Judge Shelby Highsmith set for 9:30 5/11/99 for [639−1] motion for rule to show cause, set for 9:30 5/11/99 for [615−1] motion for an order to show cause why the City of Miami should not be held in in contempt for violation of the the Court's Order, set for 9:30 5/11/99 for [615−2] motion for an evidentiary hearing on the motion to show cause, set for 9:30 5/11/99 for [615−3] motion for attorney fees, set for 9:30 5/11/99 for [615−4] motion for bill of costs, set for 9:30 5/11/99 for [614−2] motion for an evidentiary hearing on the motion to show cause, set for 9:30 5/11/99 for [614−3] motion for attorney fees, set for 9:30 5/11/99 for [614−4] motion for bill of costs, set for 9:30 5/11/99 for [613−1] motion to show cause why the City of Miami should not be held in contempt for failure to abide by the orders of this Court, set for 9:30 5/11/99 for [613−2] motion for an evidentiary hearing on the motion to show cause, set for 9:30 5/11/99 for [613−3] motion for attorney fees, set for 9:30 5/11/99 for [613−4] motion for bill of costs (nt, Deputy Clerk) (Entered: 04/08/1999)

April 6, 1999
651

ORDER granting [642−1] motion for leave to file exceeding 20 pages in length ( signed by Judge Shelby Highsmith on 4/8/99) CCAP (cj, Deputy Clerk) (Entered: 04/13/1999)

April 9, 1999
652

ORDER granting [646−1] motion to extend time to respond to the motion for entry of order superseding the 1977 consent decree ( signed by Judge Shelby Highsmith on 4/8/99) CCAP (cj, Deputy Clerk) (Entered: 04/13/1999)

April 9, 1999
653

ORDER granting [612−1] motion to supplement record on appeal to include motion for rule to show cause (attached). ( signed by Judge Shelby Highsmith on 4/8/99) CCAP (cj, Deputy Clerk) (Entered: 04/13/1999)

April 9, 1999
654

RESPONSE by Fraternal Order to [646−1] motion to extend time to respond to the motion for entry of order superseding the 1977 consent decree (cj, Deputy Clerk) (Entered: 04/16/1999)

April 13, 1999
659

MOTION by Fraternal Order for rule to show cause (Former Deputy Clerk) (Entered: 04/27/1999)

April 13, 1999
655

Statement of: regarding its objection to paragraph 14 of proposed superseding order submitted by City of Miami (cj, Deputy Clerk) (Entered: 04/16/1999)

April 14, 1999
656

MOTION by United States to extend time respond to the notice of compliance with court order (cj, Deputy Clerk) (Entered: 04/21/1999)

April 16, 1999
657

MOTION by City of Miami for change in time for hearing (cj, Deputy Clerk) (Entered: 04/26/1999)

April 21, 1999
658

ORDER granting [656−1] motion to extend time respond to the notice of compliance with court order ( signed by Judge Shelby Highsmith on 4/21/99) CCAP (cj, Deputy Clerk) (Entered: 04/26/1999)

April 21, 1999
660

RESPONSE by United States in opposition to [655−1] Statement of (cj, Deputy Clerk) (Entered: 04/28/1999)

April 26, 1999
661

REPLY by United States to response to [641−1] motion for entry of order superseding the 1977 consent decree with respect to the public service aide and sworn classified positions in the police department (cj, Deputy Clerk) (Entered: 04/28/1999)

April 26, 1999

1st Supplemental Certificate of readiness as to City of Miami, United States transmitted to USCA Re: [592−1] appeal by United States, [591−1] appeal by City of Miami USCA NUMBER: 98−4626 (Former Deputy Clerk) (Entered: 04/27/1999)

April 27, 1999

Transmitted 1st Supplemental record on appeal as to City of Miami, United States to U.S. Court of Appeals consisting of 1 Volume of Pleadings: [592−1] appeal by United States, [591−1] appeal by City of Miami (Former Deputy Clerk) (Entered: 04/27/1999)

April 27, 1999
662

RESPONSE by United States in opposition to [647−1] notice (cj, Deputy Clerk) (Entered: 05/05/1999)

May 3, 1999
663

ORDER superseding the 1977 consent decree with respect to public service aide and sworn classified positions in the police department, and terminating the 1977 consent degree with respect to all other city departments and positions under the decree's purview (signed by Judge Shelby Highsmith on 5/4/99) CCAP (cj, Deputy Clerk) (rrs). (Entered: 05/07/1999)

May 4, 1999

ACKNOWLEDGMENT of receipt by U.S.C.A. of: 1st Supplemental on 4/29/99 U.S.C.A. # 98−4626 (nc, Deputy Clerk) (Entered: 05/06/1999)

May 6, 1999
664

Notice of compliance: by City of Miami with [663−1] order (cj, Deputy Clerk) (Entered: 05/12/1999)

May 10, 1999

State / Territory: Florida

Case Type(s):

Equal Employment

Key Dates

Filing Date: Dec. 29, 1975

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

African American, Hispanic, and female applicants and employees of the Miami Police Department

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: Yes

Class Action Outcome: Granted

Defendants

City of Miami (Miami), City

Fraternal Order of the Police (Miami), None

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1981

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

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1977 - 2018

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Goals (e.g., for hiring, admissions)

Hire

Other requirements regarding hiring, promotion, retention

Recordkeeping

Reporting

Retroactive Seniority

Issues

General:

Disparate Treatment

Pattern or Practice

Discrimination-area:

Hiring

Promotion

Discrimination-basis:

National origin discrimination

Race discrimination

Sex discrimination

Race:

Black

White

Affected Gender:

Female