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

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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…

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)

Attorney for Plaintiff

Bachman, Eric (District of Columbia)

Bell, Griffin Boyette (Georgia)

Attorney for Defendant

Expert/Monitor/Master/Other

Behren, Scott M. (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)

Attorney 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)

Attorney 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

Behren, Scott M. (Florida)

Cohen, Ronald Jay (Florida)

Crawford, Sarah (District of Columbia)

Cypen, Stephen H. (Florida)

Kaufman, Stuart Andrew (Florida)

Losak-Jimenez, Joyce (Florida)

Wiggins, Audrey (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:75-cv-03096 98-04626 99-12938	Docket [PACER]	Aug. 20, 2018	Aug. 20, 2018 Docket
1:75-cv-03096	Opinion United States v. City of Miami, Florida U.S. Court of Appeals for the Eleventh Circuit	April 10, 1980	April 10, 1980 Order/Opinion 614 F.2d 1322
1:75-cv-03096	Opinion United States v. City of Miami, Florida U.S. Court of Appeals for the Eleventh Circuit	Dec. 3, 1981	Dec. 3, 1981 Order/Opinion 664 F.2d 435
1:75-cv-03096	Order	June 1, 1983	June 1, 1983 Order/Opinion 1983 WL 532
1:75-cv-03096	Order United States v. City of Miami, Florida	Jan. 9, 1990	Jan. 9, 1990 Order/Opinion 1990 WL 130005
1:75-cv-03096	Opinion U.S. Court of Appeals for the Eleventh Circuit	Nov. 17, 1999	Nov. 17, 1999 Order/Opinion 195 F.3d 1292
1:75-cv-03096	Opinion U.S. Court of Appeals for the Eleventh Circuit	Feb. 11, 2000	Feb. 11, 2000 Order/Opinion 209 F.3d 726
1:75-cv-03096	Opinion Fraternal Order of Police v. United States Supreme Court of the United States	Oct. 2, 2000	Oct. 2, 2000 Order/Opinion 531 U.S. 815
774 1:75-cv-03096	Notice of Compliance and 24th Report to the Department of Justice U.S. v. City of Miami	May 11, 2007	May 11, 2007 Pleading / Motion / Brief
839 1:75-cv-03096	Order Terminating May 1999 Order United States of America v. City of Miami	Aug. 21, 2018	Aug. 21, 2018 Order/Opinion

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Docket

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

Last updated Oct. 29, 2026, 5:40 p.m.

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Docket for: United States v. City of Miami

ECF Number	Date	Description	Link
1	Dec. 29, 1975	COMPLAINT filed; FILING FEE $150.00 (Former Deputy Clerk) (Entered: 08/06/1997)	RECAP
	June 1, 1983	Case closed (Former Deputy Clerk)
	Jan. 16, 1985	Case reopened (Former Deputy Clerk)
	Jan. 31, 1995	Case closed (Former Deputy Clerk)
577	Feb. 19, 1997	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)	RECAP
578	March 14, 1997	Statement of: undisputed facts by City of Miami, Fraternal Order (Former Deputy Clerk) (Entered: 08/06/1997)	RECAP
579	June 2, 1997	Seventh Report of development of new hiring procedures: by City of Miami (Former Deputy Clerk) (Entered: 08/06/1997)	RECAP
580	July 30, 1997	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)	RECAP
581	July 30, 1997	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)	RECAP
582	Sept. 30, 1997	Eight Report of: development of new hiring procedures by City of Miami (Former Deputy Clerk) (Entered: 10/03/1997)	RECAP
583	Oct. 9, 1997	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)	RECAP
584	Oct. 9, 1997	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)	RECAP
585	Nov. 4, 1997	ORDER granting [585-1] stipulation for substitution of counsel. ( signed by Judge James W. Kehoe on 11/4/97) CCAP (Former Deputy Clerk) (Entered: 11/07/1997)	RECAP
586	Feb. 2, 1998	Ninth Report of: Development of New Hiring Procedures by City of Miami (Former Deputy Clerk) (Entered: 02/04/1998)	RECAP
587	Feb. 6, 1998	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)	RECAP
	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)
588	Feb. 9, 1998	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)	RECAP
	Feb. 12, 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)
589	March 13, 1998	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)	RECAP
590	April 1, 1998	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)	RECAP
591	April 8, 1998	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)	RECAP
	April 30, 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)
592	May 8, 1998	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)	RECAP
593	May 12, 1998	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)	RECAP
594	May 19, 1998	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)	RECAP
595	May 20, 1998	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)	RECAP
596	May 29, 1998	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)	RECAP
597	May 29, 1998	TENTH STATUS REPORT on development of new hiring procedures by City of Miami (Former Deputy Clerk) (Entered: 06/01/1998)	RECAP
598	June 1, 1998	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)	RECAP
599	June 8, 1998	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)	RECAP
605	June 8, 1998	TRANSCRIPT of show cause hearing filed [592-1] appeal by United States, [591-1] appeal by City of Miami for dates of 1/15/97 Pages 1-20 (vp, Deputy Clerk) (Entered: 06/27/1998)	RECAP
600	June 12, 1998	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)	RECAP
601	June 12, 1998	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)	RECAP
602	June 12, 1998	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)	RECAP
603	June 16, 1998	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)	RECAP
604	June 18, 1998	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)	RECAP
606	June 26, 1998	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)	RECAP
607	June 29, 1998	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)	RECAP
608	July 6, 1998	COPY of paper docket sheet. (vp, Deputy Clerk) (Entered: 07/06/1998)	RECAP
609	July 15, 1998	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)	RECAP
610	July 17, 1998	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)	RECAP
611	Oct. 29, 1998	ELEVENTH STATUS REPORT on development of new hiring procedures by City of Miami (Former Deputy Clerk) (Entered: 10/30/1998)	RECAP
	Nov. 24, 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)
612	Dec. 31, 1998	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)	RECAP
613	Jan. 20, 1999	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)	RECAP
614	Jan. 20, 1999	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)	RECAP
615	Jan. 20, 1999	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)	RECAP
616	Jan. 28, 1999	MOTION by United States to extend time to respond to the motions for rule to show cause, up to and including 2/16/99. (Former Deputy Clerk) (Entered: 01/29/1999)	RECAP
617	Jan. 29, 1999	TWELFTH STATUS REPORT on development of new hiring procedures by City of Miami (Former Deputy Clerk) (Entered: 02/02/1999)	RECAP
618	Feb. 2, 1999	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)	RECAP
619	Feb. 2, 1999	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)	RECAP
620	Feb. 2, 1999	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)	RECAP
621	Feb. 3, 1999	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)	RECAP
622	Feb. 4, 1999	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)	RECAP
623	Feb. 4, 1999	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)	RECAP
624	Feb. 4, 1999	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)	RECAP
625	Feb. 5, 1999	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)	RECAP
629	Feb. 10, 1999	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)	RECAP
630	Feb. 10, 1999	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)	RECAP
626	Feb. 11, 1999	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)	RECAP
627	Feb. 11, 1999	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)	RECAP
628	Feb. 11, 1999	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)	RECAP
631	Feb. 12, 1999	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)	RECAP
632	Feb. 22, 1999	NOTICE of attorney appearance for Fraternal Order by Teri Guttman Valdes (gz, Deputy Clerk) (Entered: 02/26/1999)	RECAP
633	Feb. 23, 1999	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)	RECAP
634	Feb. 23, 1999	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)	RECAP
635	Feb. 23, 1999	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)	RECAP
636	March 2, 1999	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)	RECAP
637	March 8, 1999	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)	RECAP
638	March 11, 1999	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)	RECAP
639	March 11, 1999	MOTION by Fraternal Order for rule to show cause (cj, Deputy Clerk) (Entered: 03/17/1999)	RECAP
640	March 22, 1999	RESPONSE by City of Miami to [639-1] motion for rule to show cause (cj, Deputy Clerk) (Entered: 03/23/1999)	RECAP
641	March 23, 1999	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)	RECAP
642	March 23, 1999	MOTION by United States for leave to file exceeding 20 pages in length (cj, Deputy Clerk) (Entered: 03/24/1999)	RECAP
643	March 23, 1999	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)	RECAP
644	March 23, 1999	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)	RECAP
645	March 25, 1999	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)	RECAP
646	March 31, 1999	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)	RECAP
647	April 1, 1999	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)	RECAP
649	April 2, 1999	REPLY by Fraternal Order to response to [639-1] motion for rule to show cause (Former Deputy Clerk) (Entered: 04/07/1999)	RECAP
648	April 5, 1999	REPLY by Fraternal Order to response to [639-1] motion for rule to show cause (Former Deputy Clerk) (Entered: 04/07/1999)	RECAP
650	April 6, 1999	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)	RECAP
651	April 9, 1999	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)	RECAP
652	April 9, 1999	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)	RECAP
653	April 9, 1999	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)	RECAP
654	April 13, 1999	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)	RECAP
659	April 13, 1999	MOTION by Fraternal Order for rule to show cause (Former Deputy Clerk) (Entered: 04/27/1999)	RECAP
655	April 14, 1999	Statement of: regarding its objection to paragraph 14 of proposed superseding order submitted by City of Miami (cj, Deputy Clerk) (Entered: 04/16/1999)	RECAP
656	April 16, 1999	MOTION by United States to extend time respond to the notice of compliance with court order (cj, Deputy Clerk) (Entered: 04/21/1999)	RECAP
657	April 21, 1999	MOTION by City of Miami for change in time for hearing (cj, Deputy Clerk) (Entered: 04/26/1999)	RECAP
658	April 21, 1999	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)	RECAP
660	April 26, 1999	RESPONSE by United States in opposition to [655-1] Statement of (cj, Deputy Clerk) (Entered: 04/28/1999)	RECAP
661	April 26, 1999	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)	RECAP
	April 27, 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)
	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)
662	May 3, 1999	RESPONSE by United States in opposition to [647-1] notice (cj, Deputy Clerk) (Entered: 05/05/1999)	RECAP
663	May 4, 1999	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)	RECAP
	May 6, 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)
664	May 10, 1999	Notice of compliance: by City of Miami with [663-1] order (cj, Deputy Clerk) (Entered: 05/12/1999)	RECAP
665	May 11, 1999	ORDER notifying parties of expiration of 1/31/95 order ( signed by Judge Shelby Highsmith on 5/10/99) CCAP (cj, Deputy Clerk) (Entered: 05/13/1999)	RECAP

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Case Details

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

City of Miami

Other

Fraternal Order of the Police

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1981

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Equal Protection

Other Dockets:

Southern District of Florida 1:75-cv-03096

U.S. Court of Appeals for the Eleventh Circuit 98-04626

U.S. Court of Appeals for the Eleventh Circuit 99-12938

U.S. Court of Appeals for the Eleventh Circuit 77-01856

U.S. Court of Appeals for the Eleventh Circuit 83-05586

U.S. Court of Appeals for the Eleventh Circuit 83-05608

U.S. Court of Appeals for the Eleventh Circuit 87-05338

U.S. Court of Appeals for the Eleventh Circuit 87-05447

U.S. Court of Appeals for the Eleventh Circuit 90-05107

U.S. Court of Appeals for the Eleventh Circuit 95-04255

U.S. Court of Appeals for the Eleventh Circuit 98-05025

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

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

Order Duration: 1977 - 2018

Issues

General/Misc.:

Pattern or Practice

Discrimination Area:

Disparate Treatment

Hiring

Promotion

Discrimination Basis:

National origin discrimination

Race discrimination

Sex discrimination

Affected Race(s):

Black

White

Affected Sex/Gender(s):

Female

Recommended Citation

Case Summary of United States v. City of Miami, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/10397/ (last updated 4/5/2019).