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 attrorneys, see: https://www.courtlistener.com/docket/6079944/parties/united-states-v-city-of-hialeah/


Judge(s)

Highsmith, Shelby (Florida)

Kravitch, Phyllis A. (Georgia)

Attorneys(s) for Plaintiff

Harrell-James, Veronica Vanessa (Florida)

Levy, Allen W. (District of Columbia)

Simon, Leslie A. (District of Columbia)

Attorneys(s) for Defendant

Axelrad, Andrew Marc (Florida)

Klausner, Robert David (Florida)

Sugarman, Robert A (Florida)

Vilarello, Alejandro (Florida)

Expert/Monitor/Master

Slesnick, Donald D. (Florida)

Judge(s)

Highsmith, Shelby (Florida)

Kravitch, Phyllis A. (Georgia)

Attorneys(s) for Plaintiff

Harrell-James, Veronica Vanessa (Florida)

Levy, Allen W. (District of Columbia)

Simon, Leslie A. (District of Columbia)

Attorneys(s) for Defendant

Axelrad, Andrew Marc (Florida)

Klausner, Robert David (Florida)

Sugarman, Robert A (Florida)

Vilarello, Alejandro (Florida)

Expert/Monitor/Master

Slesnick, Donald D. (Florida)

Documents in the Clearinghouse

Document

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

899 F.Supp. 603

Aug. 16, 1994

Aug. 16, 1994

Order/Opinion

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

140 F.3d 968

May 7, 1998

May 7, 1998

Order/Opinion

Resources

Docket

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

Last updated Aug. 13, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

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

June 7, 1994

June 7, 1994

PACER
2

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)

June 7, 1994

June 7, 1994

PACER
3

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)

June 7, 1994

June 7, 1994

PACER
4

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

June 7, 1994

June 7, 1994

PACER
5

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)

June 8, 1994

June 8, 1994

PACER
6

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

June 24, 1994

June 24, 1994

PACER
7

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

June 24, 1994

June 24, 1994

PACER
8

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)

June 29, 1994

June 29, 1994

PACER
9

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)

July 11, 1994

July 11, 1994

PACER
10

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

July 11, 1994

July 11, 1994

PACER
11

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

July 11, 1994

July 11, 1994

PACER
12

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

July 11, 1994

July 11, 1994

PACER
13

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

July 12, 1994

July 12, 1994

PACER
14

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

July 12, 1994

July 12, 1994

PACER
15

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

July 13, 1994

July 13, 1994

PACER
16

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

July 25, 1994

July 25, 1994

PACER
17

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

July 25, 1994

July 25, 1994

PACER
18

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

July 29, 1994

July 29, 1994

PACER
19

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)

Aug. 1, 1994

Aug. 1, 1994

PACER
20

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

Aug. 2, 1994

Aug. 2, 1994

PACER
21

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)

Aug. 9, 1994

Aug. 9, 1994

PACER
22

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)

Aug. 12, 1994

Aug. 12, 1994

PACER
23

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

Aug. 16, 1994

Aug. 16, 1994

PACER
24

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)

Aug. 16, 1994

Aug. 16, 1994

PACER
25

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

Aug. 19, 1994

Aug. 19, 1994

PACER
26

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)

Aug. 23, 1994

Aug. 23, 1994

PACER
27

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)

Oct. 3, 1994

Oct. 3, 1994

PACER
28

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)

Oct. 3, 1994

Oct. 3, 1994

PACER
29

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)

Oct. 11, 1994

Oct. 11, 1994

PACER
30

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)

Oct. 13, 1994

Oct. 13, 1994

PACER
31

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)

Oct. 24, 1994

Oct. 24, 1994

PACER
32

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

Oct. 28, 1994

Oct. 28, 1994

PACER
33

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

Nov. 4, 1994

Nov. 4, 1994

PACER
34

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

Nov. 8, 1994

Nov. 8, 1994

PACER
35

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

Nov. 10, 1994

Nov. 10, 1994

PACER
36

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)

Dec. 9, 1994

Dec. 9, 1994

PACER
37

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

Dec. 9, 1994

Dec. 9, 1994

PACER
38

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

Jan. 26, 1995

Jan. 26, 1995

PACER
39

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)

Feb. 16, 1995

Feb. 16, 1995

PACER
40

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

Feb. 17, 1995

Feb. 17, 1995

PACER
41

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

May 31, 1995

May 31, 1995

PACER
42

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

May 31, 1995

May 31, 1995

PACER
43

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)

June 6, 1995

June 6, 1995

PACER
44

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)

June 7, 1995

June 7, 1995

PACER
45

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)

July 10, 1995

July 10, 1995

PACER
46

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)

July 17, 1995

July 17, 1995

PACER
47

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)

Aug. 16, 1995

Aug. 16, 1995

PACER
48

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)

Aug. 22, 1995

Aug. 22, 1995

PACER
49

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)

Nov. 6, 1995

Nov. 6, 1995

PACER
50

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)

Nov. 6, 1995

Nov. 6, 1995

PACER
51

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)

Nov. 30, 1995

Nov. 30, 1995

PACER
52

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)

Dec. 1, 1995

Dec. 1, 1995

PACER
53

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

Dec. 15, 1995

Dec. 15, 1995

PACER
54

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

Dec. 19, 1995

Dec. 19, 1995

PACER
78

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

Dec. 26, 1995

Dec. 26, 1995

PACER
55

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

Dec. 27, 1995

Dec. 27, 1995

PACER
56

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

Dec. 28, 1995

Dec. 28, 1995

PACER
57

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

Jan. 2, 1996

Jan. 2, 1996

PACER
79

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

Jan. 5, 1996

Jan. 5, 1996

PACER
58

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

Jan. 8, 1996

Jan. 8, 1996

PACER
80

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

Jan. 11, 1996

Jan. 11, 1996

PACER
63

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

Jan. 12, 1996

Jan. 12, 1996

PACER
59

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

Jan. 16, 1996

Jan. 16, 1996

PACER
60

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

Jan. 16, 1996

Jan. 16, 1996

PACER
64

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

Jan. 17, 1996

Jan. 17, 1996

PACER
65

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

Jan. 18, 1996

Jan. 18, 1996

PACER
66

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)

Jan. 18, 1996

Jan. 18, 1996

PACER
67

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

Jan. 18, 1996

Jan. 18, 1996

PACER
68

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

Jan. 18, 1996

Jan. 18, 1996

PACER
61

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

Jan. 19, 1996

Jan. 19, 1996

PACER
62

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

Jan. 19, 1996

Jan. 19, 1996

PACER
69

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

Jan. 22, 1996

Jan. 22, 1996

PACER
70

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

Jan. 22, 1996

Jan. 22, 1996

PACER
71

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

Jan. 22, 1996

Jan. 22, 1996

PACER
72

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

Jan. 22, 1996

Jan. 22, 1996

PACER
73

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)

Feb. 6, 1996

Feb. 6, 1996

PACER
74

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

Feb. 13, 1996

Feb. 13, 1996

PACER
75

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

Feb. 16, 1996

Feb. 16, 1996

PACER
76

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

Feb. 26, 1996

Feb. 26, 1996

PACER
77

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

March 6, 1996

March 6, 1996

PACER
81

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)

March 6, 1996

March 6, 1996

PACER
82

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

April 16, 1996

April 16, 1996

PACER
83

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)

April 23, 1996

April 23, 1996

PACER
84

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)

May 3, 1996

May 3, 1996

PACER
85

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)

May 8, 1996

May 8, 1996

PACER
86

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

Sept. 29, 1997

Sept. 29, 1997

PACER
87

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)

June 5, 1998

June 5, 1998

PACER
88

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)

July 10, 1998

July 10, 1998

PACER
89

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)

July 16, 1998

July 16, 1998

PACER
90

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

July 31, 1998

July 31, 1998

PACER
91

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

Aug. 3, 1998

Aug. 3, 1998

PACER
92

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

Aug. 7, 1998

Aug. 7, 1998

PACER
93

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)

Aug. 7, 1998

Aug. 7, 1998

PACER
94

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

Aug. 7, 1998

Aug. 7, 1998

PACER
95

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

Aug. 10, 1998

Aug. 10, 1998

PACER
96

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

Aug. 10, 1998

Aug. 10, 1998

PACER
97

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

Aug. 11, 1998

Aug. 11, 1998

PACER
98

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

Aug. 11, 1998

Aug. 11, 1998

PACER
99

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

Aug. 17, 1998

Aug. 17, 1998

PACER
100

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

Aug. 18, 1998

Aug. 18, 1998

PACER

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 of Hialeah, City

Defendant Type(s):

Fire

Law-enforcement

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

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

Race:

Black