Case: DeLeo v. City of Boston

1:03-cv-12538 | U.S. District Court for the District of Massachusetts

Filed Date: Dec. 17, 2003

Closed Date: Sept. 19, 2005

Clearinghouse coding complete

Case Summary

On December 17, 2003 a white applicant to the police force, filed suit against the City of Boston in the District Court for the District of Massachusetts alleging that Boston's method of selecting police officers was unconstitutional. The suit challenged a consent decree the City entered in 1975 which had been designed to produce parity in the racial composition of the city and that of the police department. Applicants must meet a variety of requirements, including passing an entrance exam. …

On December 17, 2003 a white applicant to the police force, filed suit against the City of Boston in the District Court for the District of Massachusetts alleging that Boston's method of selecting police officers was unconstitutional. The suit challenged a consent decree the City entered in 1975 which had been designed to produce parity in the racial composition of the city and that of the police department. Applicants must meet a variety of requirements, including passing an entrance exam. After the exam candidates are separated into two ranked lists, one for Caucasian applicants and one for minority applicants. The lists were then combined by alternating applicants from each list. The consent decree was to remain in effect until the percentage of minorities in the police force was commensurate with that of the city. The complaint also alleged gender discrimination in the selection of officers. The suit sought both compensatory and injunctive relief requiring immediate hiring of plaintiff and ceasing the discriminatory hiring procedures.

Additional white applicants joined the action and an amended complaint was filed on March 5, 2004. On July 15, 2004 plaintiffs filed a motion for a preliminary injunction and summary judgment. At issue was whether the consent decree still applied. The district court (Judge Patti B. Saris) ruled on November 23, 2004 that it did not since rough parity had been achieved and thus plaintiffs were entitled to summary judgment. Summary judgment was denied on the gender discrimination claims. The parties engaged in negotiations regarding the remedy resulting in an order on January 26, 2005 requiring that the plaintiffs be placed at the top of the hiring list in the next hiring cycle and that should they be hired by meeting the additional requirements that they be granted retroactive seniority. The parties then negotiated regarding fees and costs and entered a satisfaction of judgment on September 19, 2005.

Summary Authors

Michael Perry (7/15/2010)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4277035/parties/deleo-v-city-of-boston-massachusetts/


Judge(s)

Saris, Patti B. (Massachusetts)

Attorneys(s) for Plaintiff

Gordon, Alfred (Massachusetts)

Lichten, Harold L. (Massachusetts)

Attorneys(s) for Defendant

Cole, Victoria S. (Massachusetts)

Cox, Stephen G. (Massachusetts)

Facher, Betsy J. (New York)

Hoch, William V. (Massachusetts)

Quinan, Robert L. Jr. (Massachusetts)

Rice, Juliana DeHann (Massachusetts)

Sinkel, Ginny (Massachusetts)

Judge(s)

Saris, Patti B. (Massachusetts)

Attorneys(s) for Plaintiff

Gordon, Alfred (Massachusetts)

Lichten, Harold L. (Massachusetts)

Attorneys(s) for Defendant

Cole, Victoria S. (Massachusetts)

Cox, Stephen G. (Massachusetts)

Facher, Betsy J. (New York)

Hoch, William V. (Massachusetts)

Quinan, Robert L. Jr. (Massachusetts)

Rice, Juliana DeHann (Massachusetts)

Sinkel, Ginny (Massachusetts)

Weise, Susan M (Massachusetts)

Other Attorney(s)

Alperstein, Robin L. (New York)

Cohen, Nadine M. (Massachusetts)

Daniels, Harry T. (Massachusetts)

Noyes, Christopher R. (Massachusetts)

Selwyn, Mark D. (Massachusetts)

Documents in the Clearinghouse

Document

Docket

Jan. 20, 2006 Docket
1

Complaint, Preliminary Injunctive and Compensatory Relief Requested, and Jury Demand

Dec. 17, 2003 Complaint
10

First Amended Complaint, Preliminary Injunctive and Compensatory Relief Requested, and Jury Demand

2004 WL 1566631

March 5, 2004 Complaint
85

Memorandum and Order (Granting in part and denying in part plaintiff's motion for summary judgment)

2004 WL 5740819, 2004 U.S.Dist.LEXIS 24034

Nov. 23, 2004 Order/Opinion
96

INTERIM ORDER REGARDING INSTATEMENT (PROPOSED)

DeLeo v. Chicago

Jan. 26, 2005 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4277035/deleo-v-city-of-boston-massachusetts/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against City of Boston, Massachusetts, Commonwealth of Massachusetts, James Hussey, Thomas Menino, Mitt Romney Filing fee: $ 150, receipt number 52602, filed by Paul Deleo.(Simeone, Maria) (Entered: 12/19/2003)

Dec. 17, 2003 RECAP
2

WAIVER OF SERVICE Returned Executed City of Boston, Massachusetts waiver sent on 1/9/2004, answer due 3/9/2004; James Hussey waiver sent on 1/9/2004, answer due 3/9/2004. (Simeone, Maria) (Entered: 02/18/2004)

Feb. 11, 2004 RECAP
3

SUMMONS Returned Executed Commonwealth of Massachusetts served on 2/6/2004, answer due 2/26/2004. (Simeone, Maria) (Entered: 02/18/2004)

Feb. 11, 2004 RECAP
4

SUMMONS Returned Executed Thomas Menino served on 2/3/2004, answer due 2/23/2004. (Simeone, Maria) (Entered: 02/18/2004)

Feb. 11, 2004 RECAP
5

SUMMONS Returned Executed Mitt Romney served on 2/6/2004, answer due 2/26/2004. (Simeone, Maria) (Entered: 02/18/2004)

Feb. 11, 2004 RECAP
6

NOTICE of Appearance by Ginny Sinkel on behalf of Commonwealth of Massachusetts, Mitt Romney. c/s (Patch, Christine) (Entered: 02/26/2004)

Feb. 24, 2004 RECAP
7

Assented to MOTION for Extension of Time to March 31, 2004 to File Answer or Otherwise Respond to 1 Complaint by Commonwealth of Massachusetts, Mitt Romney. c/s(Patch, Christine) (Entered: 02/26/2004)

Feb. 24, 2004 RECAP
8

NOTICE of Appearance by William V. Hoch on behalf of City of Boston, Massachusetts, James Hussey, Thomas Menino (Hoch, William) (Entered: 03/05/2004)

March 5, 2004 RECAP
9

MOTION for Extension of Time to March 31, 2004 to File Answer re 1 Complaint Assented To By Plaintiff by City of Boston, Massachusetts, James Hussey, Thomas Menino.(Hoch, William) (Entered: 03/05/2004)

March 5, 2004 RECAP
10

First AMENDED COMPLAINT, Preliminary Injunctive and Compensatory Relief Requested, and Jury Demand against all defendants, filed by Brian Dunford, Christopher Carr, Patrick Rogers, Brendan Dever, Matthew Hogardt, Michael Conneely, Thomas Barrett, Paul Deleo.(Patch, Christine) (Entered: 03/09/2004)

March 5, 2004 RECAP
12

NOTICE of Appearance by Stephen G. Cox on behalf of City of Boston, Massachusetts, Thomas Menino, Kathleen M. O'Toole (Patch, Christine) (Entered: 03/15/2004)

March 10, 2004 RECAP
11

NOTICE of Appearance by William V. Hoch on behalf of Kathleen M. O'Toole (Hoch, William) (Entered: 03/11/2004)

March 11, 2004 RECAP
13

NOTICE of Appearance by Robert L. Quinan Jr. on behalf of Commonwealth of Massachusetts, Mitt Romney (Patch, Christine) (Entered: 03/16/2004)

March 12, 2004 RECAP
14

STIPULATION of Dismissal by Thomas Menino, Kathleen M. O'Toole. (Cox, Stephen) (Entered: 03/31/2004)

March 31, 2004 RECAP
15

ANSWER to Amended Complaint by City of Boston, Massachusetts.(Hoch, William) (Entered: 03/31/2004)

March 31, 2004 RECAP
16

NOTICE of Withdrawal of Appearance Attorney William V. Hoch terminated. (Hoch, William) (Entered: 04/14/2004)

April 14, 2004 RECAP
17

ANSWER to Amended Complaint and Jury Demand by Commonwealth of Massachusetts, Mitt Romney.(Patch, Christine) (Entered: 04/30/2004)

April 28, 2004 RECAP
18

MOTION to Intervene by Massachusetts Association of Minority Law Enforcement Officers, NAACP.(Selwyn, Mark) (Entered: 05/05/2004)

May 5, 2004 RECAP
19

MOTION to Stay Proceedings by City of Boston, Massachusetts.(Cox, Stephen) (Entered: 05/12/2004)

May 12, 2004 RECAP
20

NOTICE of Scheduling Conference. Scheduling Conference set for 6/2/2004 at 2:00 PM in Courtroom 13 before Judge Patti B. Saris. (Alba, Robert) (Entered: 05/12/2004)

May 12, 2004 RECAP
21

NOTICE of Scheduling Conference Scheduling Conference set for 6/2/2004 02:00 PM in Courtroom 13 before Judge Patti B. Saris. (Patch, Christine) (Entered: 05/13/2004)

May 12, 2004 RECAP
22

RESPONSE to Motion re 19 MOTION to Stay Proceedings filed by Thomas Barrett, Christopher Carr, Michael Conneely, Paul Deleo, Brendan Dever, Brian Dunford, Matthew Hogardt, Patrick Rogers. (Patch, Christine) (Entered: 05/24/2004)

May 19, 2004 RECAP
23

MEMORANDUM in Response re 19 MOTION to Stay Proceedings filed by Thomas Barrett, Christopher Carr, Michael Conneely, Paul Deleo, Brendan Dever, Brian Dunford, Matthew Hogardt, Patrick Rogers. (Patch, Christine) (Entered: 05/24/2004)

May 19, 2004 RECAP
24

MOTION to Intervene, should the Court Grant Defendant City of Boston's Request to Consider Clarification of Consent Decree by Thomas Barrett, Christopher Carr, Michael Conneely, Paul Deleo, Brendan Dever, Brian Dunford, Matthew Hogardt, Patrick Rogers.(Patch, Christine) (Entered: 05/24/2004)

May 19, 2004 RECAP
25

MEMORANDUM in Support re 24 MOTION to Intervene, should the Court Grant Defendant City of Boston's Request to Consider Clarification of Consent Decree filed by Thomas Barrett, Christopher Carr, Michael Conneely, Paul Deleo, Brendan Dever, Brian Dunford, Matthew Hogardt, Patrick Rogers. (Patch, Christine) (Entered: 05/24/2004)

May 19, 2004 RECAP
26

MOTION for Extension of Time to June 1, 2004 to Respond to Motion to Stay and Motion For Clarification (Unopposed) by Boston Branch of the National Association for the Advancement of Colored People, Massachusetts Association of Minority Law Enforcement Officers.(Selwyn, Mark) (Entered: 05/26/2004)

May 26, 2004 RECAP
27

JOINT STATEMENT re scheduling conference. (Patch, Christine) (Entered: 06/01/2004)

May 27, 2004 RECAP
28

CERTIFICATION pursuant to Local Rule 16.1 by Paul Deleo.(Patch, Christine) (Entered: 06/01/2004)

May 27, 2004 RECAP
29

CERTIFICATION pursuant to Local Rule 16.1 by Thomas Barrett.(Patch, Christine) (Entered: 06/01/2004)

May 27, 2004 RECAP
30

CERTIFICATION pursuant to Local Rule 16.1 by Michael Conneely.(Patch, Christine) (Entered: 06/01/2004)

May 27, 2004 RECAP
31

CERTIFICATION pursuant to Local Rule 16.1 by Matthew Hogardt.(Patch, Christine) (Entered: 06/01/2004)

May 27, 2004 RECAP
32

CERTIFICATION pursuant to Local Rule 16.1 by Brendan Dever.(Patch, Christine) (Entered: 06/01/2004)

May 27, 2004 RECAP
33

CERTIFICATION pursuant to Local Rule 16.1 by Patrick Rogers.(Patch, Christine) (Entered: 06/01/2004)

May 27, 2004 RECAP
34

CERTIFICATION pursuant to Local Rule 16.1 by Christopher Carr.(Patch, Christine) (Entered: 06/01/2004)

May 27, 2004 RECAP
35

CERTIFICATION pursuant to Local Rule 16.1 by Brian Dunford.(Patch, Christine) (Entered: 06/01/2004)

May 27, 2004 RECAP
40

MEMORANDUM in Opposition re 19 MOTION to Stay Proceedings and Motion for Clarification of Consent Decree filed by Boston Branch of the National Association for the Advancement of Colored People, Massachusetts Association of Minority Law Enforcement Officers. (Patch, Christine) (Entered: 06/08/2004)

June 1, 2004 RECAP
36

CERTIFICATE OF CONSULTATION pursuant to Local Rule 16.1 by Stephen G. Cox on behalf of City of Boston, Massachusetts. (Cox, Stephen) (Entered: 06/02/2004)

June 2, 2004 RECAP
41

MOTION for Leave to Appear Pro Hac Vice by Robin L. Alperstein Filing fee $ 50, receipt number 56284. by Boston Branch of the National Association for the Advancement of Colored People, Massachusetts Association of Minority Law Enforcement Officers, NAACP.(Patch, Christine) (Entered: 06/08/2004)

June 2, 2004 RECAP
37

Judge Patti B. Saris : ORDER entered SCHEDULING ORDER: City and State brief on Motion for Clarification due by 7/15/2004. Plaintiffs to file a Motion for Preliminary Junction by 7/15/04; opposition due 8/5/04; reply to opposition due 8/12/04. Hearing on Motions for Preliminary Injunction and Clarification set for 8/20/04 at 2:00 PM.(Patch, Christine) (Entered: 06/07/2004)

June 2, 2004 RECAP
42

DECLARATION of Robin L. Alperstein re 41 MOTION for Leave to Appear Pro Hac Vice by Robin L. Alperstein by Boston Branch of the National Association for the Advancement of Colored People, Massachusetts Association of Minority Law Enforcement Officers. (Patch, Christine) (Entered: 06/08/2004)

June 2, 2004 RECAP
38

CERTIFICATION pursuant to Local Rule 16.1 by City of Boston, Massachusetts, Commonwealth of Massachusetts, James Hussey, Mitt Romney.(Patch, Christine) (Entered: 06/08/2004)

June 2, 2004 RECAP
39

Rule 26 disclosure statement by City of Boston, Massachusetts, Commonwealth of Massachusetts, James Hussey, Mitt Romney.(Patch, Christine) (Entered: 06/08/2004)

June 2, 2004 RECAP
43

NOTICE of Appearance by Betsy J. Facher on behalf of City of Boston, Massachusetts (Facher, Betsy) (Entered: 06/14/2004)

June 14, 2004 RECAP
44

NOTICE by Boston Branch of the National Association for the Advancement of Colored People, Massachusetts Association of Minority Law Enforcement Officers Notice Of Firm Name Change (Selwyn, Mark) (Entered: 06/23/2004)

June 23, 2004 RECAP
45

MOTION for Protective Order to Quash the Intervenors' Noticed Deposition of the Plaintiffs by Thomas Barrett, Christopher Carr, Michael Conneely, Paul Deleo, Brendan Dever, Brian Dunford, Matthew Hogardt, Patrick Rogers.(Patch, Christine) (Entered: 07/13/2004)

July 1, 2004 RECAP
46

MEMORANDUM in Support re 45 MOTION for Protective Order filed by Thomas Barrett, Christopher Carr, Michael Conneely, Paul Deleo, Brendan Dever, Brian Dunford, Matthew Hogardt, Patrick Rogers. (Patch, Christine) (Entered: 07/13/2004)

July 1, 2004 RECAP
47

Second MOTION for Clarification of Consent Decree by City of Boston, Massachusetts.(Cox, Stephen) (Entered: 07/15/2004)

July 15, 2004 RECAP
52

MEMORANDUM in Opposition re 45 MOTION for Protective Order filed by Boston Branch of the National Association for the Advancement of Colored People, Massachusetts Association of Minority Law Enforcement Officers. (Patch, Christine) (Entered: 07/22/2004)

July 15, 2004 RECAP
48

MEMORANDUM in Support re 47 Second MOTION for Clarification of Consent Decree filed by City of Boston, Massachusetts. (Cox, Stephen) (Entered: 07/15/2004)

July 15, 2004 RECAP
53

MOTION for Summary Judgment and/or for Preliminary Injunction, by Thomas Barrett, Christopher Carr, Michael Conneely, Paul Deleo, Brendan Dever, Brian Dunford, Matthew Hogardt, Patrick Rogers.(Patch, Christine) (Entered: 07/22/2004)

July 15, 2004 RECAP
49

RESPONSE to Motion re 47 Second MOTION for Clarification of Consent Decree filed by Commonwealth of Massachusetts. (Attachments: # 1)(Quinan, Robert) (Entered: 07/15/2004)

1 *Restricted*

View on RECAP

July 15, 2004 RECAP
54

MOTION for Leave to File Memorandum of Law in Excess of Twenty Pages by Thomas Barrett, Christopher Carr, Michael Conneely, Paul Deleo, Brendan Dever, Brian Dunford, Matthew Hogardt, Patrick Rogers. (Attachments: # 1 Memorandum of Law in Support of Motion for Summary Judgment and/or for Preliminary Injunction)(Patch, Christine) (Entered: 07/22/2004)

1 Memorandum of Law in Support of Motion for Summary Judgment and/or for Prelimin

View on RECAP

2 Memorandum of Law in Support of Motion for Summary Judgment and/or for Prelimin

View on PACER

July 15, 2004 RECAP
55

STATEMENT of facts not in Material Dispute re 53 MOTION for Summary Judgment and/or for Preliminary Injunction. (Patch, Christine) (Entered: 07/22/2004)

July 15, 2004 RECAP
56

NOTICE of Appearance by Alfred S. Gordon on behalf of Thomas Barrett, Christopher Carr, Michael Conneely, Paul Deleo, Brendan Dever, Brian Dunford, Matthew Hogardt, Patrick Rogers (Patch, Christine) (Entered: 07/22/2004)

July 15, 2004 RECAP
50

Joint MOTION to Substitute the Commonwealth's Chief Human Resources Officer for the State's Governor as a Party Defendant by Thomas Barrett, Boston Branch of the National Association for the Advancement of Colored People, Christopher Carr, City of Boston, Massachusetts, Commonwealth of Massachusetts, Michael Conneely, Paul Deleo, Brendan Dever, Brian Dunford, Matthew Hogardt, James Hussey, Massachusetts Association of Minority Law Enforcement Officers, NAACP, Patrick Rogers, Mitt Romney.(Patch, Christine) (Entered: 07/21/2004)

July 16, 2004 RECAP
51

NOTICE of Appearance by Victoria S. Cole on behalf of City of Boston, Massachusetts, Commonwealth of Massachusetts, Mitt Romney (Patch, Christine) (Entered: 07/21/2004)

July 16, 2004 RECAP
60

Letter to Christopher Noyes from Harold L. Lichten re response to Memorandum of Law in Opposition to Plaintiffs' Motion for Protective Order and Request for Hearing. (Patch, Christine) (Entered: 07/29/2004)

July 21, 2004 RECAP
58

MOTION for Leave to File an Opposition to Defendant City of Boston's Renewed Motion for Clarification of Consent Decree by Thomas Barrett, Christopher Carr, Michael Conneely, Paul Deleo, Brendan Dever, Brian Dunford, Matthew Hogardt, Patrick Rogers.(Patch, Christine) (Entered: 07/28/2004)

July 22, 2004 RECAP
59

MEMORANDUM in Support re 58 MOTION for Leave to File an Opposition to Defendant City of Boston's Renewed Motion for Clarification of Consent Decree filed by Thomas Barrett, Christopher Carr, Michael Conneely, Paul Deleo, Brendan Dever, Brian Dunford, Matthew Hogardt, Patrick Rogers. (Patch, Christine) (Entered: 07/28/2004)

July 22, 2004 RECAP
57

MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion For Summary Judgment by Defendants and by Boston Branch of the National Association for the Advancement of Colored People, Massachusetts Association of Minority Law Enforcement Officers.(Selwyn, Mark) (Entered: 07/27/2004)

July 27, 2004 RECAP
61

Opposition re 57 MOTION for Extension of Time to File Response to Plaintiffs' Motion For Summary Judgment by Defendants and filed by Thomas Barrett, Christopher Carr, Michael Conneely, Paul Deleo, Brendan Dever, Brian Dunford, Matthew Hogardt, Patrick Rogers. (Patch, Christine) (Entered: 08/04/2004)

July 30, 2004 RECAP
62

RESPONSE to Motion re 47 Second MOTION for Clarification of Consent Decree filed by Boston Branch of the National Association for the Advancement of Colored People. (Attachments: # 1 Exhibit A)(Noyes, Christopher) (Entered: 08/05/2004)

1 Exhibit A

View on RECAP

2 Exhibit A

View on PACER

Aug. 5, 2004 RECAP
63

NOTICE OF RESCHEDULINGThe Motion Hearing re: Motion for Summary Judgment and/or Preliminary Injunction previously set for 8/20/04 has been rescheduled to 9/17/2004 02:00 PM in Courtroom 13 before Judge Patti B. Saris. (Patch, Christine) (Entered: 08/12/2004)

Aug. 6, 2004 RECAP
64

MOTION for Leave to File Excess Pages by City of Boston, Massachusetts.(Cox, Stephen) (Entered: 09/02/2004)

Sept. 2, 2004 RECAP
65

MEMORANDUM in Opposition re 53 MOTION for Preliminary Injunction MOTION for Summary Judgment filed by City of Boston, Massachusetts. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L)(Cox, Stephen) (Entered: 09/02/2004)

1 Exhibit A

View on RECAP

2 Exhibit A

View on RECAP

3 Exhibit B

View on RECAP

4 Exhibit C

View on RECAP

5 Exhibit D

View on RECAP

6 Exhibit E

View on RECAP

7 Exhibit F

View on RECAP

8 Exhibit G

View on RECAP

9 Exhibit H

View on RECAP

10 Exhibit I

View on RECAP

11 Exhibit J

View on RECAP

12 Exhibit K

View on RECAP

13 Exhibit L

View on PACER

Sept. 2, 2004 RECAP
66

STATEMENT of facts re 53 MOTION for Preliminary Injunction MOTION for Summary Judgment And City's Memorandum In Opposition. (Cox, Stephen) (Entered: 09/02/2004)

Sept. 2, 2004 RECAP
67

Assented to MOTION for Extension of Time to September 3, 2004 to Respond to Plaintiffs' Motion for Summary Judgment and/or for Preliminary Injunction by Boston Branch of the National Association for the Advancement of Colored People, Commonwealth of Massachusetts, Massachusetts Association of Minority Law Enforcement Officers.(Noyes, Christopher) (Entered: 09/02/2004)

Sept. 2, 2004 RECAP
68

MOTION for Leave to File Excess Pages by Commonwealth of Massachusetts.(Quinan, Robert) (Entered: 09/03/2004)

Sept. 3, 2004 RECAP
74

Rule 56.1 STATEMENT of Disputed Material facts and Statement of Additional Material Facts in response to 53 MOTION for Preliminary Injunction and/or for Summary Judgment. (Patch, Christine) (Entered: 09/13/2004)

Sept. 3, 2004 RECAP
69

MOTION for Leave to File Excess Pages by Boston Branch of the National Association for the Advancement of Colored People, Massachusetts Association of Minority Law Enforcement Officers.(Noyes, Christopher) (Entered: 09/03/2004)

Sept. 3, 2004 RECAP
70

Opposition re 53 MOTION for Preliminary Injunction MOTION for Summary Judgment filed by Boston Branch of the National Association for the Advancement of Colored People, Massachusetts Association of Minority Law Enforcement Officers. (Noyes, Christopher) (Entered: 09/03/2004)

Sept. 3, 2004 RECAP
71

NOTICE by Boston Branch of the National Association for the Advancement of Colored People, Massachusetts Association of Minority Law Enforcement Officers re 70 Opposition to Motion, Notice of Filing with Clerk's Office of Intervenors and Commonwealth Defendants Rule 56.1 Statement of Disputed Material Facts and Statement of Additional Material Facts (Noyes, Christopher) (Entered: 09/03/2004)

Sept. 3, 2004 RECAP
72

Opposition re 53 MOTION for Preliminary Injunction MOTION for Summary Judgment filed by Commonwealth of Massachusetts. (Quinan, Robert) (Entered: 09/03/2004)

Sept. 3, 2004 RECAP
73

REPLY to Response to Motion re 53 MOTION for Preliminary Injunction MOTION for Summary Judgment and/or for Preliminary Injunction filed by Thomas Barrett, Christopher Carr, Michael Conneely, Paul Deleo, Brendan Dever, Brian Dunford, Matthew Hogardt, Patrick Rogers. (Attachments: # 1 Affidavit Attachment A Part 1# 2 Affidavit Attachment A Part 2# 3 Affidavit Attachment A Part 3# 4 Plaintiffs' Rule 56.1 Response to Defendants' and Intervenors' Statements of Disputed Material Facts and Statements of Additional Material Facts)(Gordon, Alfred) (Entered: 09/10/2004)

1 Affidavit Attachment A Part 1

View on RECAP

2 Affidavit Attachment A Part 1

View on RECAP

3 Affidavit Attachment A Part 2

View on RECAP

4 Affidavit Attachment A Part 3

View on RECAP

5 Plaintiffs' Rule 56.1 Response to Defendants' and Intervenors' S

View on PACER

Sept. 10, 2004 RECAP
75

Letter to Robert Alba from Stephen G. Cox indicating that he mistakenly attached exhibits (A through L) to his Opposition to Plaintiffs' Motion for Summary Judgment, when they were supposed to be exhibits to the Statement of Facts. (Patch, Christine) (Entered: 09/23/2004)

Sept. 17, 2004 RECAP
76

TRANSCRIPT of Motion Hearing held on September 17, 2004 before Judge Saris. Court Reporter: Valerie A. O'Hara. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/737-2346 or the Clerk's Office. (Scalfani, Deborah) (Entered: 09/24/2004)

Sept. 22, 2004 PACER
77

Second MEMORANDUM in Opposition re 53 MOTION for Preliminary Injunction MOTION for Summary Judgment filed by City of Boston, Massachusetts. (Attachments: # 1 Exhibit A)(Cox, Stephen) (Entered: 09/24/2004)

1 Exhibit A

View on RECAP

2 Exhibit A

View on PACER

Sept. 24, 2004 RECAP
78

Supplemental MEMORANDUM in Support re 53 MOTION for Preliminary Injunction MOTION for Summary Judgment filed by Thomas Barrett, Christopher Carr, Michael Conneely, Paul Deleo, Brendan Dever, Brian Dunford, Matthew Hogardt, Patrick Rogers. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(Gordon, Alfred) (Entered: 09/24/2004)

1 Exhibit 1

View on RECAP

2 Exhibit 1

View on RECAP

3 Exhibit 2

View on RECAP

4 Exhibit 3

View on RECAP

5 Exhibit 4

View on RECAP

6 Exhibit 5

View on PACER

Sept. 24, 2004 RECAP
79

SUR-REPLY to Motion re 53 MOTION for Preliminary Injunction MOTION for Summary Judgment filed by Boston Branch of the National Association for the Advancement of Colored People, Massachusetts Association of Minority Law Enforcement Officers. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Carpenter, Jennifer) (Entered: 09/24/2004)

1 Exhibit 1

View on RECAP

2 Exhibit 1

View on RECAP

3 Exhibit 2

View on PACER

Sept. 24, 2004 RECAP
80

SUR-REPLY to Motion re 53 MOTION for Preliminary Injunction MOTION for Summary Judgment filed by Commonwealth of Massachusetts. (Attachments: # 1 Exhibit Commonwealth's exhibits to its post-argument memo)(Quinan, Robert) (Entered: 09/24/2004)

1 Exhibit Commonwealth's exhibits to its post-argument memo

View on RECAP

2 Exhibit Commonwealth's exhibits to its post-argument memo

View on PACER

Sept. 24, 2004 RECAP
81

Amended SUR-REPLY to Motion re 53 MOTION for Preliminary Injunction MOTION for Summary Judgment filed by Boston Branch of the National Association for the Advancement of Colored People, Massachusetts Association of Minority Law Enforcement Officers. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Carpenter, Jennifer) (Entered: 09/27/2004)

1 Exhibit 1

View on RECAP

2 Exhibit 1

View on RECAP

3 Exhibit 2

View on PACER

Sept. 27, 2004 RECAP
82

Assented to MOTION to Correct 80 Sur-Reply to Motion filed by plaintiffs for summary judgment by Commonwealth of Massachusetts. (Attachments: # 1 Commonwealth's Corrected Post-Argument Brief# 2 Commonwealth's Corrected Post-Argument Exhibits)(Quinan, Robert) Additional attachment(s) added on 9/28/2004 (Hurley, Virginia). (Entered: 09/27/2004)

1 Commonwealth's Corrected Post-Argument Brief

View on RECAP

2 Commonwealth's Corrected Post-Argument Brief

View on PACER

3 Attachment two, exhibit A

View on RECAP

4 Attachment two, exhibit A

View on RECAP

5 Attachment two, exhibit B

View on RECAP

6 Attachment two, exhibit C

View on RECAP

7 Attachment two, exhibit D

View on RECAP

8 Attachment two, exhibit E

View on PACER

Sept. 27, 2004 RECAP
83

Corrected Brief in Opposition re 53 MOTION for Preliminary Injunction and/or for Summary Judgment, filed by Boston Branch of the National Association for the Advancement of Colored People, Massachusetts Association of Minority Law Enforcement Officers. (Patch, Christine) (Entered: 09/30/2004)

Sept. 27, 2004 RECAP
84

NOTICE of Change of Address by Christopher R. Noyes (Noyes, Christopher) (Entered: 10/04/2004)

Oct. 4, 2004 RECAP
85

Judge Patti B. Saris : ORDER entered denying 53 Motion for Preliminary Injunction, granting 53 Motion for Summary Judgment with respect to the consent decree only. The motion for summary judgment with respect to the July 2002 gender-based hiring is DENIED. (Irwin, Nancy) (Entered: 11/23/2004)

Nov. 23, 2004 RECAP
86

MOTION for Extension of Time to January 28, 2005 to TO PROPOSE EQUITABLE RELIEF by City of Boston, Massachusetts.(Cox, Stephen) (Entered: 12/07/2004)

Dec. 7, 2004 RECAP
87

Response by Thomas Barrett, Christopher Carr, Michael Conneely, Paul Deleo, Brendan Dever, Brian Dunford, Matthew Hogardt, Patrick Rogers regarding Equitable Relief for the named Plaintiffs. (Gordon, Alfred) (Entered: 12/08/2004)

Dec. 8, 2004 RECAP
88

NOTICE of Hearing: Status Conference set for 1/7/2005 04:30 PM in Courtroom 19 before Judge Patti B. Saris. (Patch, Christine) (Entered: 12/14/2004)

Dec. 14, 2004 RECAP
89

Response by Boston Branch of the National Association for the Advancement of Colored People, Massachusetts Association of Minority Law Enforcement Officers To Plaintiffs' Proposal Regarding Equitable Relief For The Named Plaintiffs. (Selwyn, Mark) (Entered: 12/16/2004)

Dec. 16, 2004 RECAP
90

NOTICE of Withdrawal of Appearance Attorney Betsy J. Facher terminated. (Patch, Christine) (Entered: 01/11/2005)

Jan. 4, 2005 RECAP
91

Judge Patti B. Saris : ORDER Compelling Disclosure of Civil Service Examination Scores from Defendant Commonwealth of Massachusetts entered. (Patch, Christine) (Entered: 01/19/2005)

Jan. 7, 2005 RECAP
92

Judge Patti B. Saris : ORDER of the Court entered. (Patch, Christine) (Entered: 01/19/2005)

Jan. 7, 2005 RECAP
96

Judge Patti B. Saris : Interim ORDER Regarding Instatement Period entered. (Patch, Christine) (Entered: 02/04/2005)

Jan. 26, 2005 RECAP
93

MOTION to Amend Caption by Adding Plaintiff Donald Wightman by Paul Deleo, Brian Dunford, Christopher Carr, Patrick Rogers, Brendan Dever, Matthew Hogardt, Michael Conneely, Thomas Barrett. (Attachments: # 1 Affidavit Exhibit A)(Gordon, Alfred) (Entered: 01/27/2005)

1 Affidavit Exhibit A

View on RECAP

2 Affidavit Exhibit A

View on PACER

Jan. 27, 2005 RECAP
94

Joint MOTION for Order to ENTER INTERIM ORDER REGARDING INSTATEMENT by City of Boston, Massachusetts. (Attachments: # 1 Text of Proposed Order INTERIM ORDER REGARDING INSTATEMENT (PROPOSED))(Cox, Stephen) (Entered: 01/27/2005)

1 Text of Proposed Order INTERIM ORDER REGARDING INSTATEMENT (PROPOSED)

View on RECAP

2 Text of Proposed Order INTERIM ORDER REGARDING INSTATEMENT (PROPOSED)

View on PACER

Jan. 27, 2005 RECAP
95

Assented to MOTION for Extension of Time to March 3, 2005 to To FIle Motion for Attorneys' Fees and Costs by Paul Deleo, Brian Dunford, Christopher Carr, Patrick Rogers, Brendan Dever, Matthew Hogardt, Michael Conneely, Thomas Barrett.(Gordon, Alfred) (Entered: 02/03/2005)

Feb. 3, 2005 RECAP
97

MOTION for Attorney Fees and Costs and for Entry of Final Judgment by Paul Deleo, Donald Wightman, Brian Dunford, Christopher Carr, Patrick Rogers, Brendan Dever, Matthew Hogardt, Michael Conneely, Thomas Barrett. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Gordon, Alfred) (Entered: 03/03/2005)

1 Exhibit A

View on RECAP

2 Exhibit A

View on RECAP

3 Exhibit B

View on RECAP

4 Exhibit C

View on RECAP

5 Exhibit D

View on RECAP

6 Exhibit E

View on RECAP

7 Exhibit F

View on PACER

March 3, 2005 RECAP
98

Opposition re 97 MOTION for Attorney Fees and Costs and for Entry of Final Judgment filed by City of Boston, Massachusetts. (Cox, Stephen) (Entered: 03/15/2005)

March 15, 2005 RECAP
99

MEMORANDUM in Opposition re 97 MOTION for Attorney Fees and Costs and for Entry of Final Judgment filed by City of Boston, Massachusetts. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Cox, Stephen) (Entered: 03/15/2005)

1 Exhibit A

View on RECAP

2 Exhibit A

View on RECAP

3 Exhibit B

View on RECAP

4 Exhibit C

View on PACER

March 15, 2005 RECAP
100

MOTION for Leave to File Response to Defendant City of Boston's Opposition to Plaintiff's Motion for Attorney's Fees and Costs by Paul Deleo, Donald Wightman, Brian Dunford, Christopher Carr, Patrick Rogers, Brendan Dever, Matthew Hogardt, Michael Conneely, Thomas Barrett.(Gordon, Alfred) (Entered: 03/17/2005)

March 17, 2005 RECAP

State / Territory: Massachusetts

Case Type(s):

Equal Employment

Key Dates

Filing Date: Dec. 17, 2003

Closing Date: Sept. 19, 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A group of white male applicants to the Boston Police Department

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Boston (Boston, Suffolk), City

Commonwealth of Massachusetts (Boston, Suffolk), State

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

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

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Other requirements regarding hiring, promotion, retention

Preliminary relief denied

Issues

General:

Disparate Treatment

Discrimination-area:

Hiring

Discrimination-basis:

Race discrimination

Sex discrimination

Race:

White

Affected Gender:

Male