Case: United States v. City of Hialeah

1:94-cv-01140 | U.S. District Court for the Southern District of Florida

Filed Date: June 7, 1994

Closed Date: March 18, 2004

Clearinghouse coding complete

Case Summary

On June 7, 1994 the United States Department of Justice ("D.O.J.") filed a lawsuit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e, et seq., in the United States District Court for the Southern District of Florida against the City of Hialeah, Florida. The D.O.J. asked the court for injunctive and compensatory relief, alleging that the defendant had violated Title VII through its discriminatory hiring practices in the police and fire departments, which excluded potential emplo…

On June 7, 1994 the United States Department of Justice ("D.O.J.") filed a lawsuit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e, et seq., in the United States District Court for the Southern District of Florida against the City of Hialeah, Florida. The D.O.J. asked the court for injunctive and compensatory relief, alleging that the defendant had violated Title VII through its discriminatory hiring practices in the police and fire departments, which excluded potential employees based on their race, black.

The D.O.J. alleged that the defendant utilized written examinations in the selection of candidates for appointment to entry-level police officer and firefighter positions that had an adverse impact upon blacks. Furthermore, the examinations had been shown to not be job related and consistent with business necessity. On June 7, 1994 the parties entered into a tentative settlement agreement over the matter. The settlement agreement held that: (1) the city shall not engage in any act or practice that has either the purpose or effect of discrimination unlawfully against any black employee, applicant for black employment with the city's Police or Fire departments because of an individual's race. The city further agrees not to retaliate against or adversely affect any person because of that person's race, or because that person has opposed discriminatory policies or practices, or because that person's participation in or cooperation with the initiation, investigation, litigation, or administration; (2) The city shall implement a recruitment program to designed increase the number of black officers in its Police and Fire departments to reflect the availability and interest in the relevant labor market; (3) That the city shall immediately begin development of a written police officer and firefighter examinations that meet criterion validity. Development and validation of examinations shall be conducted by an outside consultant. The newly developed written examination shall: (a) have no adverse impact on test takers on the basis of race, national origin, or sex; (b) be demonstrably job related for the positions in questions and consistent with necessity; (4) The city shall provide priority employment to 15 former black firefighter applicants and 15 former black police applicants identified pursuant to terms of the agreement, 18 of the 30 would be offered employment within 6 months of the consent decree; (5) The individuals who accept priority employment shall be entitled to immediate retroactive seniority from within 6 months that the individual originally applied for employment and seniority shall be credited for all purposes with which seniority it used (including promotions, job bidding, pay reductions in force, shift assignments, vacations, and accrual of annual leave) as well as entitlement to full pension benefits; (6) The city shall also provide monetary relief in the form of $450,000 to be disbursed among all applicants that are deemed eligible.

On June 29, 1994, upon motion by the United States, the Dade County Police Benevolent Association ("P.B.A.") and Hialeah Association of Firefighters Local 112 ("Union") were added as defendants to ensure that provisions of the settlement agreement could be fully implemented. Both filed objections with the court and argued the city failed to bargain with the Union or P.B.A. over the terms of the agreement and had therefore violated law and had infringed upon the rights bargained for by incumbent employees under the collective bargaining agreement. On August 11, 1994, a fairness hearing occurred in which the court allowed a defendant-intervener and 200 other police officers to intervene and were allowed to present evidence against the retroactive seniority part of the settlement agreement. The disagreement was over competitive seniority in which the officers would be put at a disadvantage compared to their newly hired counterparts. On August 16, 1994 Judge Shelby Highsmith held: (1) proposed settlement agreement would not approved against objections of the non-consenting parties; (2) proposed agreement would not be approved because it was not "fair" due to the anticipated effect of agreement's remedial retroactive seniority provision upon incumbent city employees. The judge did agree that the plaintiff had established a prima facie case of discrimination. On December 9, 1994, the District Court approved a partial settlement agreement and consent decree which was nearly identical to the original except that it leaves open for litigation the question of whether retroactive competitive seniority should be imposed.

The D.O.J. appealed the decision to the U.S. Court of Appeals for the Eleventh Circuit. Individual police officers filed cross-appeals as objectors. Circuit Judge Edward Earl Carnes affirmed the District Court's decision and held that: (1) all orders refusing to enter consent decrees in Title VII cases are automatically appealable under statue allowing review of interlocutory district court orders refusing injunctions; (2) objecting party is entitled to adjudication of its rights at trial on merits before those rights are infringed or modified by consent decree; (3) proposed consent decree's retroactive competitive seniority provisions would adversely affect legal rights conferred on incumbent police and firefighters employees by their respective collective bargaining agreements, thus barring approval of those provisions over union's objections. The cross-appeal was found to be moot. Senior Circuit Judge Phyllis A. Kravitch filed a dissenting opinion in the case. Provisions of the Settlement Agreement were extended over the course of the next 6 years.

The case was closed on March 18, 2004.

Summary Authors

James Floyd (11/5/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6079944/parties/united-states-v-city-of-hialeah/

Judge(s)

Highsmith, Shelby (Florida)

Kravitch, Phyllis A. (Georgia)

Attorney for Plaintiff

Harrell-James, Veronica Vanessa (Florida)

Attorney for Defendant

Axelrad, Andrew Marc (Florida)

Klausner, Robert David (Florida)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

1:94-cv-01140

Docket

United States v. City of Hialeah, et al

March 18, 2004

March 18, 2004

Docket

1:94-cv-01140

Memorandum in Support of Motion to Intervene and Objections to the Stipulation and Settlement Agreements

United States v. City of Hialeah, et al

Jan. 1, 1994

Jan. 1, 1994

Pleading / Motion / Brief
23

1:94-cv-01140

Opinion

United States v. City of Hialeah, et al

Aug. 16, 1994

Aug. 16, 1994

Order/Opinion

899 F.Supp. 603

94-05083

Brief

United States v. City of Hialeah, et al

U.S. Court of Appeals for the Eleventh Circuit

Feb. 10, 1997

Feb. 10, 1997

Pleading / Motion / Brief

1:94-cv-01140

Reply Brief

United States v. City of Hialeah, et al

U.S. Court of Appeals for the Eleventh Circuit

May 1, 1997

May 1, 1997

Pleading / Motion / Brief

94-05083

Opinion

United States v. City of Hialeah, et al

U.S. Court of Appeals for the Eleventh Circuit

May 7, 1998

May 7, 1998

Order/Opinion

140 F.3d 968

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6079944/united-states-v-city-of-hialeah/

Last updated July 20, 2026, 5:07 a.m.

Docket for: United States v. City of Hialeah
ECF Number Date Description Link
1 June 7, 1994

COMPLAINT filed; A-7 LRJ (mg, Deputy Clerk) (Entered: 06/16/1994)

RECAP
2 June 7, 1994

JOINT MOTION by United States, City of Hialeah, Raul L Martinez, Hialeah Personnel, Dan Greenfield for entry of stipulation and settlement agreement (mg, Deputy Clerk) (Entered: 06/16/1994)

RECAP
3 June 7, 1994

MEMORANDUM by United States, City of Hialeah, Raul L Martinez, Hialeah Personnel, Dan Greenfield in support of [2-1] joint motion for entry of stipulation and settlement agreement (mg, Deputy Clerk) (Entered: 06/16/1994)

RECAP
4 June 7, 1994

Civil Action Certification, by United States Attorney. (mg, Deputy Clerk) (Entered: 06/16/1994)

RECAP
5 June 8, 1994

ORDER granting [2-1] joint motion for entry of stipulation and settlement agreement hearing on joint motion set for 8/11/94 at 4:00 before Judge Shelby Highsmith ( signed by Judge Shelby Highsmith on 6/8/94) CCAP (mg, Deputy Clerk) (Entered: 06/16/1994)

RECAP
6 June 24, 1994

MOTION by United States to join and add defendant (mg, Deputy Clerk) (Entered: 06/30/1994)

RECAP
7 June 24, 1994

MEMORANDUM by United States in support of [6-1] motion to join and add defendant (mg, Deputy Clerk) (Entered: 06/30/1994)

RECAP
8 June 29, 1994

ORDER granting [6-1] motion to join and add defendant Dade County Police Benevolent Association, Inc. and Hialeah Association of firefighters ( signed by Judge Shelby Highsmith on 6/28/94) CCAP (mg, Deputy Clerk) (Entered: 06/30/1994)

RECAP
9 July 11, 1994

OBJECTIONS by Dade County Police to proposed stipulation and settlement agreement and motion to stay entry of court decree (not filed) (mg, Deputy Clerk) (Entered: 07/12/1994)

RECAP
10 July 11, 1994

RESPONSE by Hialeah Association in opposition to settlement agreement (not filed) (mg, Deputy Clerk) (Entered: 07/12/1994)

RECAP
11 July 11, 1994

RESPONSE by Rafael Suau in opposition to proposed stipulation and settlement agreement (not filed) (mg, Deputy Clerk) (Entered: 07/12/1994)

RECAP
12 July 11, 1994

MEMORANDUM by Rafael Suau in support of [11-1] motion to intervene (mg, Deputy Clerk) (Entered: 07/12/1994)

RECAP
13 July 12, 1994

OBJECTION by Hialeah Association to settlement agreement (not filed) (mg, Deputy Clerk) (Entered: 07/13/1994)

RECAP
14 July 12, 1994

ANSWER to Complaint by Hialeah Association (Attorney Robert A. Sugarman),; jury demand (mg, Deputy Clerk) (Entered: 07/13/1994)

RECAP
15 July 13, 1994

NOTICE of filing exhibit A (attached) by Hialeah Association (mg, Deputy Clerk) (Entered: 07/14/1994)

RECAP
16 July 25, 1994

REQUEST by United States for Hearing on Rafael Suau motion to intervene (mg, Deputy Clerk) (Entered: 07/26/1994)

RECAP
17 July 25, 1994

RESPONSE by United States in opposition to [11-1] motion to intervene (mg, Deputy Clerk) (Entered: 07/26/1994)

RECAP
18 July 29, 1994

RESPONSE by United States to objections to [2-1] for entry of stipulation and settlement agreement (mg, Deputy Clerk) (Entered: 08/01/1994)

RECAP
19 Aug. 1, 1994

RESPONSE by City of Hialeah in opposition to [18-1] objections to final entry of stipulation and settlement agreement (mg, Deputy Clerk) (Entered: 08/02/1994)

RECAP
20 Aug. 2, 1994

REPLY by Rafael Suau to response to [11-1] motion to intervene (mg, Deputy Clerk) (Entered: 08/03/1994)

RECAP
21 Aug. 9, 1994

REPLY by Hialeah Association to response to [2-1] joint motion for entry of stipulation and settlement agreement (mg, Deputy Clerk) (Entered: 08/10/1994)

RECAP
22 Aug. 12, 1994

Minute entry for proceeding held before Judge Shelby Highsmith on 8/11/94: FAIRNESS HEARING granting [16-1] motion for Hearing on Rafael Suau motion to intervene, granting [11-1] motion to intervene - order on settlement to be issue (mg, Deputy Clerk) (Entered: 08/15/1994)

RECAP
23 Aug. 16, 1994

ORDER DENYING approval of settlement ( signed by Judge Shelby Highsmith on 8/16/94) CCAP (mg, Deputy Clerk) (Entered: 08/17/1994)

RECAP
24 Aug. 16, 1994

NOTICE of filing (attached) documents (stipulation and settlement agreement, letters of objections of 7/13/94, 7/14/94,7/1/94,7/8/94, 6/29/94 by Law Clerk (mg, Deputy Clerk) (Entered: 08/17/1994)

RECAP
25 Aug. 19, 1994

RESPONSE by City of Hialeah to request for production of documents as to Hialeah Association (mg, Deputy Clerk) (Entered: 08/23/1994)

RECAP
26 Aug. 23, 1994

Transcript filed re: hearing on motion to intervene Date: 8/11/94 Before Judge: Shelby Highsmith Volume No.: 1 Number of pages: 1-73 (mg, Deputy Clerk) (Entered: 08/24/1994)

RECAP
27 Oct. 3, 1994

REQUEST by United States, City of Hialeah, Raul L Martinez, Hialeah Personnel, Dan Greenfield, Dade County Police, Hialeah Association, Local 1102, Rafael Suau for Hearing on motion by all parties of stipulation and settlement agrement (mg, Deputy Clerk) (Entered: 10/04/1994)

RECAP
28 Oct. 3, 1994

MOTION by United States, City of Hialeah, Raul L Martinez, Hialeah Personnel, Dan Greenfield, Dade County Police, Hialeah Association, Local 1102, Rafael Suau for entry of settlement agreement pursuant to court order of 8/16/94 (mg, Deputy Clerk) (Entered: 10/04/1994)

RECAP
29 Oct. 11, 1994

ORDER granting [27-1] motion for Hearing on motion by all parties of stipulation and settlement agrement, Motion hearing before Judge Shelby Highsmith set for 9:00 12/9/94 for [28-1] motion for entry of settlement agreement pursuant to court order of 8/16/94 ( signed by Judge Shelby Highsmith on 10/11/94) CCAP (mg, Deputy Clerk) (Entered: 10/13/1994)

RECAP
30 Oct. 13, 1994

NOTICE OF INTERLOCUTORY APPEAL by United States of [23-1] order, EOD Date: 8/17/94; Filing Fee: FEE NOT REQUIRED; Copies to USCA and Counsel of Record. (Former Deputy Clerk) Modified on 04/21/1995 (Entered: 10/14/1994)

RECAP
31 Oct. 24, 1994

NOTICE OF INTERLOCUTORY APPEAL by Rafael Suau of [23-1] order, EOD Date: 8/17/94; Filing Fee: $ 105.00; Receipt #: 642289; Copies to USCA and Counsel of Record. (Former Deputy Clerk) Modified on 04/21/1995 (Entered: 10/26/1994)

RECAP
32 Oct. 28, 1994

NOTICE of corrected certificate of service by United States (mg, Deputy Clerk) (Entered: 10/31/1994)

RECAP
33 Nov. 4, 1994

NOTICE of Hearing: set settlement conference for 9:30 12/9/94 before Judge Shelby Highsmith (mg, Deputy Clerk) (Entered: 11/07/1994)

RECAP
34 Nov. 8, 1994

CERTIFICATE OF SERVICE of docket sheet by Rafael Suau (mg, Deputy Clerk) (Entered: 11/09/1994)

RECAP
35 Nov. 10, 1994

DESIGNATION by United States of record on appeal (Former Deputy Clerk) (Entered: 11/10/1994)

RECAP
36 Dec. 9, 1994

Minute entry for proceeding held before Judge Shelby Highsmith on 12/9/94: fairness hearing on proposed race discrimination settlement - court finds new proposal meets "fairness" requiremen - court will approve settlement as written and adopts as order of the court (mg, Deputy Clerk) (Entered: 12/12/1994)

RECAP
37 Dec. 9, 1994

ORDER approving [37-1] settlement agreement ( signed by Judge Shelby Highsmith on 12/9/94) CCAP (mg, Deputy Clerk) (Entered: 12/12/1994)

RECAP
38 Jan. 26, 1995

Notice to the court of partial compliance: by City of Hialeah with [37-1] order approving settlement (mg, Deputy Clerk) (Entered: 01/27/1995)

RECAP
39 Feb. 16, 1995

NOTICE to the Court of proposed partial compliance with article V individual relief of the stipulation settlement agreement by City of Hialeah (mg, Deputy Clerk) (Entered: 02/21/1995)

RECAP
40 Feb. 17, 1995

MEMORANDUM by City of Hialeah in support of [39-1] proposed partial compliance with article V (mg, Deputy Clerk) (Entered: 02/21/1995)

RECAP
41 May 31, 1995

MOTION by Hialeah Association for an expedited hearing and order enforcing the settlement agreement (Former Deputy Clerk) (Entered: 06/06/1995)

RECAP
42 May 31, 1995

MEMORANDUM by Hialeah Association in support of [41-1] motion for an order enforcing the settlement agreement (Former Deputy Clerk) (Entered: 06/06/1995)

RECAP
43 June 6, 1995

OPPOSITION by United States to [41-1] motion for an expedited hearing and order enforcing the settlement agreement (cp, Deputy Clerk) (Entered: 06/12/1995)

RECAP
44 June 7, 1995

RESPONSE by City of Hialeah in opposition to [41-1] motion for an expedited hearing and order enforcing the settlement agreement (Former Deputy Clerk) (Entered: 06/13/1995)

RECAP
45 July 10, 1995

MOTION by Hialeah Personnel, Iaff Local 1102 for Hearing on its motion for order enforcing the settlement agreement (mg, Deputy Clerk) (Entered: 07/14/1995)

RECAP
46 July 17, 1995

OPPOSITION by United States to [45-1] motion for Hearing on its motion for order enforcing the settlement agreement (mg, Deputy Clerk) (Entered: 07/19/1995)

RECAP
47 Aug. 16, 1995

MEMORANDUM by United States in opposition to [45-1] motion for Hearing on its motion for order enforcing the settlement agreement (Former Deputy Clerk) (Entered: 08/18/1995)

RECAP
48 Aug. 22, 1995

ORDER denying [45-1] motion without prejudice for Hearing on its motion for order enforcing the settlement agreement, denying [41-1] motion for hearing as moot. settlement agreement (signed by Judge Shelby Highsmith on 8/22/95) CCAP (Former Deputy Clerk) (Entered: 08/24/1995)

RECAP
49 Nov. 6, 1995

REQUEST by United States, City of Hialeah for Hearing Pursuant to Paragraph 40 of the Court's Order of 12/9/94 (Former Deputy Clerk) (Entered: 11/09/1995)

RECAP
50 Nov. 6, 1995

MEMORANDUM by United States, City of Hialeah in support of [49-1] motion for Hearing Pursuant to Paragraph 40 of the Court's Order of 12/9/94 (Former Deputy Clerk) (Entered: 11/09/1995)

RECAP
51 Nov. 30, 1995

STIPULATION AND Settlement agreement Pursuant to Court's Order of 8/16/95 by Members of P.U.L.S.E (Former Deputy Clerk) (Entered: 12/06/1995)

RECAP
52 Dec. 1, 1995

ORDER GRANTED [49-1] motion for Hearing Pursuant to Paragraph 40 of the Court's Order of 12/9/94. The hearing shall be held before this Court in the Federal Justice Building, 99 NE 4 St, 10 FL, Courtroom 5, on 2/16/95 at 3pm. (signed by Judge Shelby Highsmith on 11/30/95) CCAP (Former Deputy Clerk) (Entered: 12/07/1995)

RECAP
53 Dec. 15, 1995

OBJECTION to notice of determination by Kevin Leandrew Humes (vp, Deputy Clerk) (Entered: 12/28/1995)

RECAP
54 Dec. 19, 1995

NOTICE of request for appeal of decision of Employment Litigation Section by Harrison Crenshaw. (vp, Deputy Clerk) (Entered: 12/28/1995)

RECAP
78 Dec. 26, 1995

OBJECTIONS to [51-1] settlement determination by Cedric Philpot (vp, Deputy Clerk) Modified on 03/15/1996 (Entered: 03/15/1996)

RECAP
55 Dec. 27, 1995

OBJECTION in opposition to the Notice of Determination (Former Deputy Clerk) Modified on 01/02/1996 (Entered: 01/02/1996)

RECAP
56 Dec. 28, 1995

RESPONSE by Gloria Norman-Dollar in opposition to notice of determination (vp, Deputy Clerk) (Entered: 01/03/1996)

RECAP
57 Jan. 2, 1996

RESPONSE by Ishman Davis in opposition to notice of determination (vp, Deputy Clerk) (Entered: 01/10/1996)

RECAP
79 Jan. 5, 1996

OBJECTIONS to [51-1] settlement determination by Yolene Charles-Levasseur (vp, Deputy Clerk) (Entered: 03/15/1996)

RECAP
58 Jan. 8, 1996

RESPONSE by Renand Monestime in opposition to notice of determination (vp, Deputy Clerk) (Entered: 01/18/1996)

RECAP
80 Jan. 11, 1996

OBJECTIONS to [51-1] settlement determination by Charles A. Harrington (vp, Deputy Clerk) (Entered: 03/15/1996)

RECAP
63 Jan. 12, 1996

RESPONSE in opposition to notice of determination (vp, Deputy Clerk) (Entered: 02/01/1996)

RECAP
59 Jan. 16, 1996

RESPONSE by U. Marshall in opposition to notice of determination (vp, Deputy Clerk) (Entered: 01/24/1996)

RECAP
60 Jan. 16, 1996

RESPONSE by livingston Joseph Rolle in opposition to notice of determination (vp, Deputy Clerk) (Entered: 01/24/1996)

RECAP
64 Jan. 17, 1996

RESPONSE by Cormilus W. Lattimore in opposition to notice of determination (vp, Deputy Clerk) (Entered: 02/01/1996)

RECAP
65 Jan. 18, 1996

RESPONSE by Christopher Lee Freeman in opposition to notice of determination (vp, Deputy Clerk) (Entered: 02/01/1996)

RECAP
66 Jan. 18, 1996

MOTION by Colin P. Duncombe to address the court at Objections hearing presently set for 2/16/96 (vp, Deputy Clerk) (Entered: 02/01/1996)

RECAP
67 Jan. 18, 1996

RESPONSE by Livingston Joseph Rolle in opposition to notice of determination (vp, Deputy Clerk) (Entered: 02/01/1996)

RECAP
68 Jan. 18, 1996

NOTICE to clerk of court of dissatisfaction with settlement amount by Gabriel P. Davis, Sr. (vp, Deputy Clerk) (Entered: 02/01/1996)

RECAP
61 Jan. 19, 1996

NOTICE of filing attached letter dated 1/14/96, from Andre V. Snell (Clerk 1/19/96). (cp, Deputy Clerk) (Entered: 01/30/1996)

RECAP
62 Jan. 19, 1996

Letter from Serge Mondelus re: written exam records (cp, Deputy Clerk) (Entered: 01/30/1996)

RECAP
69 Jan. 22, 1996

RESPONSE by Kevin Owen Sherrod in opposition to notice of determination (vp, Deputy Clerk) (Entered: 02/01/1996)

RECAP
70 Jan. 22, 1996

REQUEST by Kenneth Wilcox to address the court at objections hearing (vp, Deputy Clerk) (Entered: 02/01/1996)

RECAP
71 Jan. 22, 1996

RESPONSE by Therese Homer in opposition to notice of determination (vp, Deputy Clerk) (Entered: 02/01/1996)

RECAP
72 Jan. 22, 1996

RESPONSE by Robert Burke in opposition to notice of determination (vp, Deputy Clerk) (Entered: 02/01/1996)

RECAP
73 Feb. 6, 1996

MEMORANDUM by United States in response to claimant objections to the relief determinations of the United States and City of Hialeah (vp, Deputy Clerk) (Entered: 02/14/1996)

RECAP
74 Feb. 13, 1996

MEMORANDUM by City of Hialeah in response to [73-1] objections to relief determinations (vp, Deputy Clerk) (Entered: 02/23/1996)

RECAP
75 Feb. 16, 1996

Minutes of settlement agreement held before Judge Shelby Highsmith on 2/16/96; Court Reporter Name: Watford (lk, Deputy Clerk) (Entered: 02/24/1996)

RECAP
76 Feb. 26, 1996

NOTICE of filing a proposed order by United States (vp, Deputy Clerk) (Entered: 03/07/1996)

RECAP
77 March 6, 1996

NOTICE of filing letter from Aldean Brown by court (vp, Deputy Clerk) (Entered: 03/14/1996)

RECAP
81 March 6, 1996

ORDER ON OBJECTIONS TO RELIEF DETERMINATIONS striking [77-1] notice of filing letter of Aldean Brown as untimely and not incompliance with court order, denying the objections of Emma Jean Frederick and Alex Emmanuel, denying [72-1] objections of Robert Burke, denying [71-1] objections of Therese Homer, denying objections of Kenneth Wilcox and motion to address the court at objections hearing, sustaining [69-1] objections of Kevin Sherrod and approving amended relief determination, overruling [62-1] objections of Serge Mondelus, overruling [61-1] objections of Andre Snell, denying [68-1] objections of Gabriel Davis, denying [67-1] objections of Livingston J. Rolle, denying [66-1] objections of Colin Duncombe and motion to address the court at hearing, denying [65-1] objections of Christopher Freeman, denying [64-1] objections of Cormilus Lattimore, denying [60-1] objections of Livingston Rolle, denying [59-1] objections of Udina Hardnett-Marshall, denying [63-1] objections of Marcus Starks, denying [80-1] objections of Charles Harrington, denying [58-1] objections of Renand Monestine, overruling as moot [79-1] objections of Yolene Charles-Levasseur, denying [57-1] objections of Ishman Davis, denying [56-1] objections of Gloria Norman-Dollar, denying [55-1] objections by Melvin Roomes, sustaining [78-1] objections by Cedric Philpot and approving the amended relief determination,denying [54-1] objections by Harrison Crenshaw, sustaining the [53-1] objections of Kevin Humes and approving the amended relief determination, sustaining objections of Aly Justime and approving the amended relief determination. All parties are directed to comply with all provisions of the 12/9/94 order ( signed by Judge Shelby Highsmith on 3/6/96) CCAP (vp, Deputy Clerk) (Entered: 03/15/1996)

RECAP
82 April 16, 1996

REQUEST by Draeshawn Thomas Butler for reconsideration (Former Deputy Clerk) (Entered: 04/24/1996)

RECAP
83 April 23, 1996

MEMORANDUM by United States in resonse to Claminat Draeschawn Thomas Butler's [82-1] objection to determination, and, [82-1] request for reconsideration (Former Deputy Clerk) (Entered: 05/02/1996)

RECAP
84 May 3, 1996

MEMORANDUM IN RESPONSE by City of Hialeah to [82-1] request for reconsideration and notice of concurrence with brief of United States dated 4/24/96 [82-1] Draeshawn Thomas Butler's Objection to Determination. (Former Deputy Clerk) (Entered: 05/09/1996)

RECAP
85 May 8, 1996

ORDER OBJECTION OF DRAESHAWN THOMS BUTLER The Court finds that the claimant's objection is untimely. Therefore, the Court OVERRULES the objection of Claimant Draeshawn Thomas Butler. (signed by Judge Shelby Highsmith on 5/8/96) CCAP (Former Deputy Clerk) (Entered: 05/14/1996)

RECAP
86 Sept. 29, 1997

ORDER granting [86-1] stipulation (signed by Judge Shelby Highsmith on 9/29/97) CCAP (gz, Deputy Clerk) (Entered: 10/01/1997)

RECAP
87 June 5, 1998

Transcript filed re: Hearing on proposed settlement Date: 12/9/94 Before Judge: Shelby Highsmith Volume No.: 1 Number of pages: 1-8 (cj, Deputy Clerk) (Entered: 06/09/1998)

RECAP
88 July 10, 1998

MANDATE OF USCA (certified copy) dismissing [31-1] appeal as moot, affirming judgment of District Court re: [30-1] appeal; Mandate Issued Date: 7/1/98; USCA Appeal #: 94-5083; Copy to Judge. (cp, Deputy Clerk) (Entered: 07/14/1998)

RECAP
89 July 16, 1998

ORDER set status conference for 9:00 8/17/98 before Judge Shelby Highsmith ( signed by Judge Shelby Highsmith on 7/16/98) CCAP (cj, Deputy Clerk) (Entered: 07/27/1998)

RECAP
90 July 31, 1998

MOTION by City of Hialeah to vacate [89-2] order and suggestion of mootness (Former Deputy Clerk) (Entered: 08/05/1998)

RECAP
91 Aug. 3, 1998

NOTICE of attorney appearance for United States by Allen W. Levy - Department of Justice (cp, Deputy Clerk) (Entered: 08/06/1998)

RECAP
92 Aug. 7, 1998

NOTICE of concurrence by Dade County Police (cj, Deputy Clerk) (Entered: 08/10/1998)

RECAP
93 Aug. 7, 1998

JOINT STATUS REPORT by Draeshawn Thomas Butler, Rafael Suau, Local 1102, Hialeah Association, Dade County Police, Dan Greenfield, Hialeah Personnel, Raul L Martinez, City of Hialeah, United States (cj, Deputy Clerk) (Entered: 08/11/1998)

RECAP
94 Aug. 7, 1998

RESPONSE by United States in opposition to [90-1] motion to vacate [89-2] order (cj, Deputy Clerk) (Entered: 08/11/1998)

RECAP
95 Aug. 10, 1998

NOTICE of concurrence by Rafael Suau (cj, Deputy Clerk) (Entered: 08/12/1998)

RECAP
96 Aug. 10, 1998

MOTION by Hialeah Association to vacate [89-2] order (cj, Deputy Clerk) (Entered: 08/12/1998)

RECAP
97 Aug. 11, 1998

ORDER canceling status conference ( signed by Judge Shelby Highsmith on 8/11/98) CCAP (cj, Deputy Clerk) (Entered: 08/13/1998)

RECAP
98 Aug. 11, 1998

NOTICE of attorney appearance for United States by Allen W. Levy (cj, Deputy Clerk) (Entered: 08/13/1998)

RECAP
99 Aug. 17, 1998

RESPONSE by City of Hialeah in opposition to [96-1] motion to vacate [89-2] order (cj, Deputy Clerk) (Entered: 08/19/1998)

RECAP
100 Aug. 18, 1998

MOTION by United States for Hearing on oral argument (cj, Deputy Clerk) (Entered: 08/20/1998)

RECAP

Case Details

State / Territory:

Florida

Case Type(s):

Equal Employment

Key Dates

Filing Date: June 7, 1994

Closing Date: March 18, 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States on behalf prospective black employees of the fire and police departments

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

City of Hialeah

Defendant Type(s):

Fire

Law-enforcement

Case Details

Causes of Action:

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

Other Dockets:

Southern District of Florida 1:94-cv-01140

U.S. Court of Appeals for the Eleventh Circuit 94-05083

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1994 - 2003

Issues

Discrimination Area:

Hiring

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

Recommended Citation