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

8:79-cv-00528

Docket

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

Aug. 15, 1995

Aug. 15, 1995

Docket

8:79-cv-00528

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

Oct. 23, 1993

Order/Opinion

Resources

Docket

Last updated Aug. 12, 2022, 3:11 a.m.

ECF Number Description Date Link 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

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

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

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

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

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

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

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

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

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

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

April 2, 1992

128

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

April 6, 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

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

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

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

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

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

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

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

Dec. 7, 1992

138

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

Dec. 7, 1992

Dec. 7, 1992

139

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

Dec. 7, 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

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

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

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

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

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

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

Jan. 13, 1993

147

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

Jan. 13, 1993

Jan. 13, 1993

148

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

Jan. 13, 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

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

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

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

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

Feb. 8, 1993

155

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

Feb. 11, 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

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

March 15, 1993

158

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

March 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

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

June 14, 1993

160

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

Nov. 1, 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

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

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

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

April 5, 1994

164

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

July 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

Aug. 15, 1995

Case Details

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