Case: Brotherhood of Midwest Guardians v. City of Omaha

8:79-cv-00528 | U.S. District Court for the District of Nebraska

Filed Date: Oct. 17, 1979

Closed Date: 1995

Clearinghouse coding complete

Case Summary

This class action case was originally brought in 1991 by the Brotherhood of Midwest Guardians and others against the City of Omaha in the United district Court of the District of Nebraska. Plaintiffs claimed that the city hadengaged in a pattern of discrimination based on race in all aspects of employment in the city's police department.The Court approved the consent decree in 1979. The details are unknown because the document is not available, but according to the Circuit Court Opinion, the …

This class action case was originally brought in 1991 by the Brotherhood of Midwest Guardians and others against the City of Omaha in the United district Court of the District of Nebraska. Plaintiffs claimed that the city had

engaged in a pattern of discrimination based on race in all aspects of employment in the city's police department.

The Court approved the consent decree in 1979. The details are unknown because the document is not available, but according to the Circuit Court Opinion, the City agreed to eliminate racial discrimination by implementing an

affirmative action plan. The decree provided for "goals," which the city agreed to meet, and provided that it would expire upon a showing of achievement of the goals and maintenance of those goals for over a period of one year.

On December 16, 1991, the Plaintiffs filed a motion to dissolve the Consent Decree and dismiss the case. Their reasoning is unknown as there are so few documents available. The Court (Judge) denied the motion and plaintiffs appealed. In 1993, the Court of Appeals for the Eighth Eircuit reversed the Disctrict Court's judgment and remended for entry of judgment in favor of the plaintiffs, dissolving the decree.

Summary Authors

Andrew Kline (4/6/2008)

People


Judge(s)

Arnold, Morris Sheppard (Arkansas)

Cambridge, William G. (Nebraska)

Attorneys(s) for Plaintiff

Broom, Robert V. (Nebraska)

Veed, Mary C. (Illinois)

Attorneys(s) for Defendant

Dempsey, Robert N. (District of Columbia)

Fellows, James E. (Nebraska)

Greene, Earl G. III (Nebraska)

Hahn, Wendy E. (Nebraska)

Madgett, Paul W. (Nebraska)

Warin, Edward G. (Nebraska)

Judge(s)

Arnold, Morris Sheppard (Arkansas)

Cambridge, William G. (Nebraska)

Attorneys(s) for Plaintiff

Broom, Robert V. (Nebraska)

Veed, Mary C. (Illinois)

Attorneys(s) for Defendant

Dempsey, Robert N. (District of Columbia)

Fellows, James E. (Nebraska)

Greene, Earl G. III (Nebraska)

Hahn, Wendy E. (Nebraska)

Madgett, Paul W. (Nebraska)

Warin, Edward G. (Nebraska)

Documents in the Clearinghouse

Document

Docket

Brotherhood of Midwest Guardians, Inc. v. City of Omaha

Aug. 15, 1995 Docket

Opinion

Brotherhood of Midwest Guardians, Inc. v. City of Omaha

U. S. Court of Appeals for the Eighth Circuit

9 F.3d 677

Oct. 23, 1993 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
117

MOTION by P. USA for order to dissolve the consent decree , and to dismiss , and for oral argu (CJS) Modified on 12/30/1992 (Entered: 02/05/1992)

Dec. 26, 1991
118

MOTION by defendant Omaha, City of to extend ti,e to 1/31/92 to file resp to mtn of USA to dissolve consent decree and dism suit (CJS) (Entered: 02/05/1992)

Jan. 3, 1992
144

MOTION by defendant Omaha, City of, defendant Richard Anderson, defendant Al Veys, defendant Henry Dogin to extend time til 2/12/93 to respond to P−Brotherhood of Midwest Guardians application for attorney's fees, costs and expenses. (PCV) Modified on 01/25/1993 (Entered: 01/13/1993)

Jan. 12, 1992
119

ORDER by Judge William G. Cambridge granting motion to extend time to 1/31/92 to file resp to mtn of USA to dissolve consent decree and dism suit [118−1] − CCAP (CJS) (Entered: 02/06/1992)

Jan. 21, 1992
120

NOTICE by defendant Omaha, City of of intent to apply for termination of the consent decree and dism. (CJS) (Entered: 02/06/1992)

Jan. 31, 1992
121

MOTION by P−Brotherhood to extend time to resp to the resp to C of O, til 2/29/92 (CJS) (Entered: 02/06/1992)

Jan. 31, 1992
122

NOTICE by plaintiff Bro of Midwest Guard of serv Dft Omaha w/interrogs; Req for prod of docs; &serv Dft USA w/Interrogs &Req for prod of docs (ADB) (Entered: 03/02/1992)

Feb. 28, 1992
123

ORDER by Judge William G. Cambridge granting motion to extend time to resp to the resp to C of O, til 2/29/92 [121−1] − CCAP (ADB) (Entered: 03/26/1992)

March 24, 1992
124

NOTICE by USA of serv parties w/ansrs &resp to Brotherhood of Midwest Guardians' interrogs &req for admissions (ADB) (Entered: 04/01/1992)

April 1, 1992
125

NOTICE by defendant Omaha, City of, defendant Richard Anderson, defendant Al Veys, defendant Henry Dogin of serv ans to Ps interrogs and resp to req for prod upon P. (ICMSUSER) (Entered: 04/02/1992)

April 2, 1992
126

MOTION by plaintiff Bro of Midwest Guard, plaintiff James Patterson, plaintiff Isaiah Jackson, plaintiff Markita Smith cnsl Martin A. Cannon Jr. for leave to withdraw attorney (ICMSUSER) (Entered: 04/02/1992)

April 2, 1992
128

AFFIDAVIT of Wendy E. Hahn (with attachments in envelope) (PCV) (Entered: 04/07/1992)

April 6, 1992
129

ORDER by Judge William G. Cambridge granting motion to withdraw attorney (Martin Cannon, Jr.) [126−1] and Robert V. Broom will represent P. − CCAP (ICMSUSER) Modified on 04/17/1992 (Entered: 04/17/1992)

April 17, 1992
130

NOTICE by plaintiff Bro of Midwest Guard of serv parties w/2nd set of interrogs &2nd req for prod of docs (ADB) (Entered: 04/28/1992)

April 27, 1992
131

NOTICE by plaintiff Bro of Midwest Guard of objections to City of Omaha's mtn to dismiss (ADB) (Entered: 04/28/1992)

April 27, 1992
132

MOTION by plaintiff's atty Mary Cannon to withdraw as P's attorney ; Bob Broom entered appearance for Ps (ADB) (Entered: 05/11/1992)

May 11, 1992
133

ORDER by Judge William G. Cambridge granting motion to withdraw as P's attorney [132−1] attorney Mary C. Veed for Markita Smith, attorney Mary C. Veed for Isaiah Jackson, attorney Mary C. Veed for James Patterson, attorney Mary C. Veed for Bro of Midwest Guard − CCAP (PCV) (Entered: 05/12/1992)

May 12, 1992
134

NOTICE by Defendants of serving plaintiffs with answers to plaintiffs' 2nd set of interrogatories &Response to plaintiffs' 2nd request for productions of documents (ADB) (Entered: 06/02/1992)

May 29, 1992
135

MEMORANDUM AND ORDER: by Judge William G. Cambridge granting motion for oral argu [117−3] setting hearing on motion for oral argu [117−3] hearing set for 9:00 12/1/92 − CCAP (PCV) (Entered: 10/15/1992)

Oct. 14, 1992
137

MINUTES before Judge William G. Cambridge re hrg on USA &City of Omaha's Ms to dissolve consent decrees: M of P−Brotherhood of Midwest Guardian is grntd &denied in part; Ms to dissolve consent decrees are denied (KMG) (Entered: 12/08/1992)

Dec. 7, 1992
138

WITNESS LIST for D (KMG) (Entered: 12/08/1992)

Dec. 7, 1992
139

EXHIBIT LIST for P &D (KMG) (Entered: 12/08/1992)

Dec. 7, 1992
136

TRANSCRIPT b/4 WGC, held on 12/7/92 re proceedings of crts ruling. (orig in env in case Cv80−0−631). (ICMSUSER) (Entered: 12/08/1992)

Dec. 8, 1992
140

MOTION by defendants City of Omaha, et al to alter or amend the judgment entered on 12/7/92 (PCV) (Entered: 12/17/1992)

Dec. 17, 1992
141

JUDGMENT: by Judge William G. Cambridge denying motion to alter or amend the judgment entered on 12/7/92 [140−1] − CCAP (PCV) (Entered: 12/22/1992)

Dec. 22, 1992
142

ORDER by Judge William G. Cambridge denying motion to alter or amend the judgment entered on 12/7/92 [140−1] − CCAP (PCV) (Entered: 12/22/1992)

Dec. 22, 1992
143

MOTION by plaintiff Bro of Midwest Guard for attorney fees, costs and expenses (PCV) Modified on 02/03/1993 (Entered: 12/28/1992)

Dec. 24, 1992
145

MOTION by defendant Omaha, City of, defendant Richard Anderson, defendant Al Veys, defendant Henry Dogin to extend time to 2/12/93 to respond to P−Brotherhood of Midwest Guardians application for attorneys' fees, costs and expenses. (PCV) (Entered: 01/13/1993)

Jan. 12, 1993
146

NOTICE OF APPEAL by defendant from Dist. Court decision [142−1], [141−1], [136−1] (NCD) (Entered: 01/14/1993)

Jan. 13, 1993
147

RECEIPT for Appeal fee in the amount of $ 105.00 [146−1] (NCD) (Entered: 01/14/1993)

Jan. 13, 1993
148

NOTICE by defendant/Appellant's Verification of Order of Transcript (NCD) (Entered: 01/14/1993)

Jan. 13, 1993
150

TRANSCRIPT DESIGNATION and Ordering Form for dates: re [146−1] all exhibits. (NCD) (Entered: 01/14/1993)

Jan. 13, 1993
152

ORDER by Judge William G. Cambridge granting motion to extend time to 2/12/93 to respond to P−Brotherhood of Midwest Guardians application for attorneys' fees, costs and expenses. [145−1] motion for attorney fees, costs and expenses [143−1] ready to rule date changed to 2/12/93 − CCAP (PCV) (Entered: 01/14/1993)

Jan. 14, 1993
151

2 CERTIFIED COPIES OF NOTICE OF APPEAL, together with [146−1], [142−1], [141−1] Transcript filed 12/8/92 and clerk's docket entries mailed to Clerk, USCA 8th Circuit; docket entries also mailed to attys of record (NCD) Modified on 01/19/1993 (Entered: 01/14/1993)

Jan. 19, 1993
153

AMENDED NOTICE OF APPEAL by defendant from Dist. Court decision [142−1], [141−1], [136−1] (NCD) Modified on 01/19/1993 (Entered: 01/19/1993)

Jan. 19, 1993
154

SCHEDULING ORDER from USCA; Appellate Docket Number 93−1278NEO ; trans desgn set for 3/15/93 ; appnt desgn ddl set for 2/12/93 ; appe desgn ddl set for 2/22/93 [153−1], [146−1] (NCD) (Entered: 02/08/1993)

Feb. 8, 1993
155

AFFIDAVIT of James E. Fellows (CJS) (Entered: 02/12/1993)

Feb. 11, 1993
156

RECORD on Appeal sent to Circuit Court ; appnt desgn sent 2/12/93 re appeal [153−1], re appeal [146−1] All exhibits sent (NCD) (Entered: 02/12/1993)

Feb. 12, 1993
157

TRANSCRIPT of proceedings for the following date(s): 12/7/92 (Re: [153−1], [146−1] ) (orig. only) (NCD) (Entered: 03/15/1993)

March 15, 1993
158

TRANSCRIPT SENT to USCA 8th Circuit [157−1] 3/15/93 − CCAP (NCD) (Entered: 03/15/1993)

March 15, 1993
159

ORDER by Judge William G. Cambridge granting in part and denying in part motion for attorney fees, costs and expenses [143−1]; Cnsl for the P is awarded $2,664.00 in atty fees. The request for $33,00 in costs is denied. CCAP (ICMSUSER) Modified on 05/14/1993 (Entered: 05/14/1993)

May 13, 1993

LETTER fr. 8th Cir. that they will change the caption of this case so that the government will not appeal as an appellee. (NCD) (Entered: 06/17/1993)

June 14, 1993
160

(COPY) OPINION of USCA, 8th Circuit, (NCD) (Entered: 11/01/1993)

Nov. 1, 1993
161

(COPY) ORDER fr. USCA 8th Cir. that the sugg. for rehearing en banc is denied. The petition for rehearing by the panel is also denied. Judge Beam took no part in the consideration or decision of this case. (NCD) (Entered: 12/28/1993)

Dec. 28, 1993
162

MANDATE from USCA 8th Circuit reversing and remanding the Decision of the District Court [Appeal [153−1] reversing and remanding the Decision of the District Court [Appeal [146−1] (copy of Opinion attached) − CCAP, WGC (NCD) Modified on 01/04/1994 (Entered: 01/04/1994)

Jan. 4, 1994

RECORD on appeal returned from U.S. Court of Appeals (2 folders of exhibits and 2 vols. of transcripts) (NCD) (Entered: 01/04/1994)

Jan. 4, 1994
163

ORDER by Judge William G. Cambridge re remand fr 8th Cir Crt of Appeals [162−1]; jgm is entered in favor of the Ds &against the Ps; the consent decree is hereby dissolved (see also CV80−O−631) − CCAP (PLW) (Entered: 04/05/1994)

April 5, 1994
164

NOTICE by courtroom deputy of intent to destroy exhibits. (ICMSUSER) (Entered: 07/13/1995)

July 13, 1995

REMARK − Gov's &D's exhs destroyed. (KMG) Modified on 08/15/1995 (Entered: 08/15/1995)

Aug. 15, 1995

State / Territory: Nebraska

Case Type(s):

Equal Employment

Key Dates

Filing Date: Oct. 17, 1979

Closing Date: 1995

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Brotherhood of Midwest Guardians, Inc., a Nebraska non-profit corporation, along with three presumably black applicants to or employees of the Omaha City Police Department, two of whom filed on behalf of themselves and all similarly situated individuals.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Unknown

Class Action Outcome: Unknown

Defendants

City of Omaha, City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Pattern or Practice

Discrimination-area:

Accommodation / Leave

Demotion

Discharge / Constructive Discharge / Layoff

Discipline

Harassment / Hostile Work Environment

Hiring

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Pay / Benefits

Promotion

Seniority

Testing

Training

Discrimination-basis:

Race discrimination

Race:

Black