Case: United States v. City of Dayton, Ohio

3:08-cv-00348 | U.S. District Court for the Southern District of Ohio

Filed Date: Sept. 26, 2008

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On September 26, 2008, the United States filed this lawsuit in the United States District Court of the Southern District of Ohio under Title VII of the Civil Rights Act of 1964, against the City of Dayton. The U.S. Department of Justice Civil Rights Division and the United States Attorney's Office sought an injunction preventing the Dayton Police and Fire Departments from using discriminatory hiring practices and ordering relief to those affected in the past by the discriminatory practices.The …

On September 26, 2008, the United States filed this lawsuit in the United States District Court of the Southern District of Ohio under Title VII of the Civil Rights Act of 1964, against the City of Dayton. The U.S. Department of Justice Civil Rights Division and the United States Attorney's Office sought an injunction preventing the Dayton Police and Fire Departments from using discriminatory hiring practices and ordering relief to those affected in the past by the discriminatory practices.

The claim was based on the disparate impact caused by two challenged practices: The first, operative beginning 2006, was that the City of Dayton Police Department used a written examination for hiring firefighters, with applicants who passed placed on an eligibility list in descending-rank order. The second, beginning in 2004, was that the Fire Department increased firefighter prerequisites to include various certifications not previously required. Both practices had a statistically significant discriminatory impact, decreasing the number of African-American candidates.

The matter quickly settled, and on February 26, 2009, the parties jointly moved for the entry of a consent decree. On April 14, 2009 the Court (Judge Thomas M. Rose) granted the Fraternal Order of Police, Captain John C. Post Lodge 44, and the International Association of Firefighters Local 136 permission to intervene as defendants, who then objected to the consent decree. 2009 WL 996383. Their objections were overruled and the consent decree was approved by the Court on November 30, 2009. The consent decree ordered the city to cease using the stated discriminatory hiring practices and develop, with oversight by the United States, new, non-discriminatory hiring practices. The decree also required that the city identify, by fairness hearings, those applicants affected by the discriminatory hiring practices who were eligible to receive: monetary relief, from a fund of $450,000 from the city; placement on a priority hiring list; and the potential for retroactive seniority if hired.

Multiple fairness hearings were held regarding the consent decree and individual relief, and on August 5, 2010, the Court approved an individual relief list submitted by the United States. On May 13, 2013, the Court granted a motion to extend the portions of the consent decree related to developing new hiring procedures for police officers and terminated the rest of the consent decree. On November 26, 2013 the consent decree was terminated and the action dismissed.

Summary Authors

Claire Lally (10/22/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4888807/parties/united-states-v-dayton-city-of/


Judge(s)

Rose, Thomas M. (Ohio)

Attorneys(s) for Plaintiff

Banaszak, Elizabeth Belle (District of Columbia)

Becker, Grace Chung (District of Columbia)

Burrell, Meredith (District of Columbia)

Embrey, Diana L. (District of Columbia)

Gadzichowski, John M. (District of Columbia)

Goldberg, Dale Ann (Ohio)

Kennebrew, Delora L. (District of Columbia)

Lander, Esther G. (District of Columbia)

Lockhart, Gregory G. (Ohio)

Judge(s)

Rose, Thomas M. (Ohio)

Attorneys(s) for Plaintiff

Banaszak, Elizabeth Belle (District of Columbia)

Becker, Grace Chung (District of Columbia)

Burrell, Meredith (District of Columbia)

Embrey, Diana L. (District of Columbia)

Gadzichowski, John M. (District of Columbia)

Goldberg, Dale Ann (Ohio)

Kennebrew, Delora L. (District of Columbia)

Lander, Esther G. (District of Columbia)

Lockhart, Gregory G. (Ohio)

Mukasey, Michael B. (New York)

Perez, Thomas E. (District of Columbia)

Thawley, Barbara E (District of Columbia)

Attorneys(s) for Defendant

Bonfield, Patrick Joseph (Ohio)

Danish, John J. (Ohio)

King, Loretta (District of Columbia)

Musto, John C. (Ohio)

Other Attorney(s)

Doll, John Robert (Ohio)

Jansen, Susan D. (Ohio)

Documents in the Clearinghouse

Document

Docket [PACER]

Nov. 26, 2013 Docket
1

Complaint

2008 WL 5374339

Sept. 26, 2008 Complaint
16

Joint Motion for Provisional Entry of Consent Decree and Scheduling of Fairness Hearing

Feb. 26, 2009 Pleading / Motion / Brief
24

Entry and Order Granting in Part Motion of Fraternal Order of Police, Captain John C. Post Lodge 44 and International Association of Firefighters Local 136 to Intervene as Defendants

2009 WL 996383

April 14, 2009 Order/Opinion
32

Entry and Order Overruling Objections of Fraternal Order of Police, Captain John C. Post Lodge 44 and International Association of Firefighters Local 13, and Individual Intervenors, and Approving Consent Decree

Nov. 30, 2009 Order/Opinion
41

Joint Motion for Partial Extension of the Consent Decree

May 10, 2013 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4888807/united-states-v-dayton-city-of/

Last updated May 20, 2022, 3:44 a.m.

ECF Number Description Date Link
1

COMPLAINT against Dayton, City of, filed by United States of America. (Attachments: # 1 Civil Cover Sheet) (Goldberg, Dale) (Entered: 09/26/2008)

Sept. 26, 2008
23

ENTRY AND ORDER GRANTING IN PART MOTION OF FRATERNAL ORDER OF POLICE, CAPTAIN JOHN C. POST LODGE 44 AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 136 TO INTERVENE AS DEFENDANTS. DOC. 7 . Signed by Judge Thomas M Rose on 04/14/09. (phil1, )

April 14, 2009 RECAP
45

CLERK'S JUDGMENT WITH NOTICE OF DISPOSAL ATTACHED. Signed on 11/26/13. (ep)

Nov. 26, 2013 RECAP

...Notice, If case is to be referred, it will be Magistrate Judge Sharon L. Ovington (phil1, ) (Entered: 09/26/2008)

Sept. 26, 2008
2

Summons Issued as to Dayton, City of. (phil1, ) (Entered: 09/30/2008)

Sept. 30, 2008
3

SUMMONS Returned Executed by Plaintiff United States of America, Defendant Dayton, City of. Dayton, City of served on 9/30/2008, answer due 10/20/2008. (Goldberg, Dale) (Entered: 09/30/2008)

Sept. 30, 2008
4

NOTICE of Appearance by Barbara E Thawley Plaintiff United States of America (Thawley, Barbara) (Entered: 10/03/2008)

Oct. 3, 2008
5

Joint MOTION to Stay Proceedings by Plaintiff United States of America, Defendant Dayton, City of. (Thawley, Barbara) (Entered: 10/06/2008)

Oct. 6, 2008
6

NOTICE of Appearance by John C Musto Defendant Dayton, City of (Musto, John) (Entered: 10/07/2008)

Oct. 7, 2008

NOTATION ORDER granting 5 Motion to Stay. Joint motion to stay proceedings is granted. Defendant has until January 19, 2009 to respond to Plaintiff's complaint. Signed by Judge Thomas M Rose on 10−7−2008. (de, ) (Entered: 10/07/2008)

Oct. 7, 2008
7

MOTION to Intervene and Memorandum in Support . (Attachments: # 1 Exhibit FOP Lodge 44 CBA, # 2 Exhibit IAFF Local 136 CBA, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit) (Doll, John) (Entered: 01/06/2009)

Jan. 6, 2009
8

Joint MOTION for Extension of Time New date requested 2/19/2009. by Plaintiff United States of America, Defendant Dayton, City of. (Attachments: # 1 Text of Proposed Order Stipulated Order to Extend Stay of Proceedings) (Thawley, Barbara) (Entered: 01/15/2009)

Jan. 15, 2009
9

STIPULATED ORDER TO EXTEND STAY OF PROCEEDINGS granting 8 Motion for Extension of Time. Signed by Judge Thomas M Rose on 01/20/09. (phil1, ) (Entered: 01/20/2009)

Jan. 20, 2009
10

Unopposed MOTION for Extension of Time to File Response/Reply as to 7 MOTION to Intervene and Memorandum in Support New date requested 2/26/2009. by Plaintiff United States of America. (Attachments: # 1 Text of Proposed Order) (Thawley, Barbara) (Entered: 01/22/2009)

Jan. 22, 2009
11

Unopposed MOTION for Extension of Time to File Response/Reply as to 7 MOTION to Intervene and Memorandum in Support New date requested 2/26/2009. by Defendant Dayton, City of. (Musto, John) (Entered: 01/22/2009)

Jan. 22, 2009
12

ORDER GRANTING EXTENSIONS OF TIME TO RESPOND TO MOTION TO INTERVENE, 10 , 11 . Signed by Judge Thomas M Rose on 01/23/09. (phil1, ) (Entered: 01/23/2009)

Jan. 23, 2009
13

NOTICE of Appearance by Susan D Jansen Intervenor Defendants FOP Lodge 44, IAFF Local 136 (Jansen, Susan) (Entered: 01/29/2009)

Jan. 29, 2009
14

Joint MOTION for Extension of Time New date requested 3/12/2009. by Plaintiff United States of America, Defendant Dayton, City of. (Attachments: # 1 Text of Proposed Order Proposed Stipulated Order to Extend Stay) (Thawley, Barbara) (Entered: 02/18/2009)

Feb. 18, 2009
15

Joint MOTION for Leave to File Excess Pages by Plaintiff United States of America, Defendant Dayton, City of. (Thawley, Barbara) (Entered: 02/26/2009)

Feb. 26, 2009
16

Joint MOTION to Approve Consent Judgment by Plaintiff United States of America, Defendant Dayton, City of. (Attachments: # 1 Text of Proposed Order Order For Provisional Entry of Consent Decree, # 2 Text of Proposed Order Consent Decree, # 3 certificate of service) (Thawley, Barbara) (Additional attachment(s) added on 4/14/2009: # 4 Corrected Exhibit) (phil1, ). (Entered: 02/26/2009)

Feb. 26, 2009
17

Memorandum In Support 16 MOTION to Approve Consent Judgment by Plaintiff United States of America, Defendant Dayton, City of. (Thawley, Barbara) Modified on 3/3/2009 to edit text (sc1, ). (Entered: 02/26/2009)

Feb. 26, 2009
18

NOTICE of Appearance by Meredith L Burrell Plaintiff United States of America (Burrell, Meredith) (Entered: 02/26/2009)

Feb. 26, 2009
19

RESPONSE in Opposition re 7 MOTION to Intervene and Memorandum in Support filed by Plaintiff United States of America. (Burrell, Meredith) (Entered: 02/26/2009)

Feb. 26, 2009
20

RESPONSE in Opposition re 7 MOTION to Intervene and Memorandum in Support filed by Defendant Dayton, City of. (Attachments: # 1 Exhibit 1) (Musto, John) (Entered: 02/26/2009)

Feb. 26, 2009

NOTATION ORDER granting 15 Motion for Leave to File Excess Pages. Signed by Judge Thomas M Rose on 2−27−09. (de, ) (Entered: 02/27/2009)

Feb. 27, 2009
21

Joint MOTION to Amend/Correct 16 Joint MOTION to Approve Consent Judgment by Plaintiff United States of America, Defendant Dayton, City of. (Attachments: # 1 Text of Proposed Order, # 2 Corrected Consent Decree) (Thawley, Barbara) (Entered: 03/16/2009)

March 16, 2009
22

ORDER granting 21 Upon consideration of the Joint Motion of plaintiff United States and defendant City of Dayton, Ohio (collectively, the parties), it is hereby ORDERED this Tuesday, April 14, 2009, that the Consent Decree agreed to and executed by the parties is provisionally approved and entered by this Court. The Court will set a date for a Fairness hearing. Signed by Judge Thomas M Rose on 04/14/09. (phil1, ) Modified on 4/15/2009 to edit text (sc1, ). (Entered: 04/14/2009)

April 14, 2009
24

ORDER granting 16 Upon consideration of the Joint Motion of plaintiff United States and defendant City of Dayton, Ohio (collectively, the parties) to substitute a corrected Exhibit to the Joint Motion for Provisional Entry of Consent Decree and Scheduling of Fairness Hearing, filed with the Court onFebruary 26, 2009 [Docket Entry # 16], it is hereby ORDERED this Tuesday, April 14, 2009, that the corrected Exhibit (filed March 16, 2009) shall be substituted for the Decree filed with the Court on February 26, 2009 [Docket Entry # 16 −3]. Signed by Judge Thomas M Rose on 04/14/09. (phil1, ) (Entered: 04/14/2009)

April 14, 2009

NOTICE of Hearing: Fairness Hearing set for 10/14/2009 09:00 AM in Courtroom 2 − Dayton before Judge Thomas M Rose. (jg, ) (Entered: 07/01/2009)

July 1, 2009
25

Joint MOTION to Amend Notice Provisions of Paragraphs 23 and 33 of the Consent Decree by Plaintiff United States of America, Defendant Dayton, City of. (Attachments: # 1 Appendix A −Affidavit of Giselle S. Johnson, # 2 Text of Proposed Order Proposed Order Regarding Notices Provided Pursuant to Paragraphs 23 and 33 of the Consent Decree) (Thawley, Barbara) (Entered: 07/30/2009)

July 30, 2009
27

MOTION for Extension of Time New date requested 9/9/2009. by Intervenor Defendants FOP Lodge 44, IAFF Local 136. (Attachments: # 1 proposed Order) (Jansen, Susan) (Entered: 08/31/2009)

Aug. 31, 2009

NOTATION ORDER granting 27 Motion for Extension of Time. Signed by Judge Thomas M Rose on 9−2−2009. (de, ) (Entered: 09/02/2009)

Sept. 2, 2009
28

Objection by Intervenor Defendants FOP Lodge 44, IAFF Local 136. (Attachments: # 1 Hialeah Case) (Jansen, Susan) (Entered: 09/09/2009)

Sept. 9, 2009
29

MOTION for Leave to File Excess Pages by Plaintiff United States of America. (Thawley, Barbara) (Entered: 10/05/2009)

Oct. 5, 2009
30

BRIEF by Plaintiff United States of America. (Attachments: # 1 Exhibit Description of Notice, # 2 Exhibit Sample Notice to Applicant, # 3 Exhibit Sample Notice to Incumbent, # 4 Exhibit Notice Letters to Unions, # 5 Exhibit Newspaper Notice, # 6 Exhibit Morlan Objection, # 7 Exhibit Montgomery−Choice Objection, # 8 Exhibit Dalinghaus Objection, # 9 Exhibit Shiverdecker Objection, # 10 Exhibit Document Request Letters) (Burrell, Meredith) (Entered: 10/05/2009)

Oct. 5, 2009

NOTATION ORDER granting 29 Motion for Leave to File Excess Pages. Signed by Judge Thomas M Rose on 10−7−2009. (de) (Entered: 10/07/2009)

Oct. 7, 2009
31

Minute Entry for proceedings held before Judge Thomas M Rose: Fairness Hearing held on 10/14/2009. Court heard argument from counsel and witness testimony. Exhibits offered. Court took the matter under advisement. (Court Reporter Leslie Foley.) (jg) (Entered: 10/19/2009)

Oct. 19, 2009
32

ENTRY AND ORDER OVERRULING OBJECTIONS OF FRATERNAL ORDER OF POLICE, CAPTAIN JOHN C. POST LODGE 44, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 136, AND INDIVIDUAL INTERVENORS, AND APPROVING CONSENT DECREE. Signed by Judge Thomas M Rose on 11/30/09. (pb1) (Entered: 11/30/2009)

Nov. 30, 2009

NOTICE: exhibits from fairness hearing conducted on 10/14/09 now housed on shelf 7 bin 1. (jg) (Entered: 12/29/2009)

Dec. 29, 2009
33

STATUS REPORT On Individual Relief Claims by Plaintiff United States of America. (Attachments: # 1 Appendix Appendix 1, # 2 Appendix Appendix 2 Redacted Relief Forms, # 3 Appendix Appendix 3 City letter 3−18−2010) (Thawley, Barbara) (Entered: 04/02/2010)

April 2, 2010

NOTICE of Hearing: Fairness Hearing set for 6/22/2010 09:30 AM in Courtroom 2 − Dayton before Judge Thomas M Rose. (jg1) (Entered: 04/11/2010)

April 11, 2010

NOTICE of Hearing: Fairness hearing reset for 7/29/2010 01:30 PM in Courtroom 2 − Dayton before Judge Thomas M Rose. (NOTE: hearing was previously set for 6/22/10). (jg) (Entered: 04/14/2010)

April 14, 2010
34

NOTICE of Appearance by Esther Gwen Lander for Plaintiff United States of America (Lander, Esther) (Entered: 07/12/2010)

July 12, 2010
35

NOTICE of Appearance by Elizabeth Banaszak for Plaintiff United States of America (Banaszak, Elizabeth) (Entered: 07/14/2010)

July 14, 2010
36

BRIEF by Plaintiff United States of America. (Attachments: # 1 Exhibit Exhibit A, Norvell Objection, # 2 Exhibit Exhibit B, Tanner Objection, # 3 Exhibit Exhibit C, Henderson Objection, # 4 Exhibit Exhibit D, Banaszak Declaration, # 5 Exhibit Exhibit E, Norvell Interest in Relief form, # 6 Exhibit Exhibit F, 2010 Police Exam Announcement, # 7 Exhibit Exhibit G, 2006 Police Exam Annoucement, # 8 Exhibit Exhibit H, Crawford Declaration, # 9 Exhibit Exhibit H(1), Interest in Relief Log, # 10 Exhibit Exhibit H(2), Incoming Call Log) (Banaszak, Elizabeth) (Entered: 07/19/2010)

July 19, 2010

Minute Entry for proceedings held before Judge Thomas M Rose: In Chambers Conference held on 7/29/2010. (jg1) (Entered: 07/29/2010)

July 29, 2010

Minute Entry for proceedings held before Judge Thomas M Rose: Fairness Hearing held on 7/29/2010. Court conducted fairness hearing and offered individuals an opportunity to place objections to the consent decree on the record. Court heard objections from two individuals as well as argument from Governments Counsel. Court took the matter under advisement. (Court Reporter Leslie Foley.) (jg1) (Entered: 07/29/2010)

July 29, 2010

NOTICE: Plaintiffs exhibit #1 from fairness hearing conducted on 7/29/10 now housed on shelf 7 bin 1. (jg1) (Entered: 08/03/2010)

Aug. 3, 2010
37

ENTRY AND ORDER OVERRULING DALE NORVELL'S OBJECTION;SUSTAINING DONESIA TANNERS OBJECTION AS TO THE MAXIMUM AGE REQUIREMENT BUT OVERRULING HER OBJECTION AS TO THE AMOUNT OF THE SETTLEMENT FUND; OVERRULING ANTHONY HENDERSONS OBJECTION; AND APPROVING THE REPORT ON INDIVIDUAL RELIEF FILED BY THE UNITED STATES ON APRIL 2, 2010. Signed by Judge Thomas M Rose on 08/05/10. (pb1) (Entered: 08/05/2010)

Aug. 5, 2010
38

Transcript of Proceedings (Fairness Hearing) held on 07/29/2010, before Judge Thomas M. Rose. Court Reporter/Transcriber Leslie Foley, Telephone number 512−1604. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms − Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 9/14/2010. Redacted Transcript Deadline set for 9/24/2010. Release of Transcript Restriction set for 11/22/2010. (pb1) (Entered: 08/24/2010)

Aug. 24, 2010
39

STATUS REPORT Establishing Priority Hire List by Plaintiff United States of America. (Thawley, Barbara) (Entered: 12/01/2010)

Dec. 1, 2010
40

NOTICE by Plaintiff United States of America of Withdrawal of Appearance of Counsel (Thawley, Barbara) (Entered: 02/01/2012)

Feb. 1, 2012
41

Joint MOTION for Order to Partially Extend Consent Decree by Plaintiff United States of America. (Attachments: # 1 Exhibit Exhibit 1 Evans Declaration, # 2 Exhibit Exhibit 2 Banaszak Letter, # 3 Exhibit Exhibit 3 Jones Declaration, # 4 Text of Proposed Order) (Banaszak, Elizabeth) (Entered: 05/10/2013)

May 10, 2013
42

ORDER granting 41 Motion for Order to Partially Extend Consent Decree. Upon consideration of the Joint Motion of Plaintiff United States and Defendant City of Dayton, it is hereby ORDERED this 13th day of May, 2013, that the provisions of the Consent Decree between the parties related to the development of a selection procedure for police officers are EXTENDED and shall now expire on November 23, 2013 and that the remainder of the Consent Decree is TERMINATED.Signed by Judge Thomas M Rose on 5/13/2013. (kf) (Entered: 05/14/2013)

May 14, 2013
43

Joint MOTION for Order to Terminate Consent Decree by Plaintiff United States of America. (Attachments: # 1 Text of Proposed Order Proposed Final Order) (Banaszak, Elizabeth) (Entered: 11/26/2013)

Nov. 26, 2013
44

FINAL ORDER − Consent Decree between the parties is TERMINATED and this action is DISMISSED. Signed by Judge Thomas M Rose on 11/26/13. (ep) (Entered: 11/26/2013)

Nov. 26, 2013

State / Territory: Ohio

Case Type(s):

Equal Employment

Key Dates

Filing Date: Sept. 26, 2008

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States

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 Dayton (Dayton), City

City of Dayton (Dayton), City

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Fire

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

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

Amount Defendant Pays: 450,000

Order Duration: 2009 - 2013

Content of Injunction:

Retroactive Seniority

Other requirements regarding hiring, promotion, retention

Monitoring

Hire

Follow recruitment, hiring, or promotion protocols

Comply with advertising/recruiting requirements

Utilize objective hiring/promotion criteria

Issues

General:

Disparate Impact

Pattern or Practice

Discrimination-area:

Hiring

Testing

Discrimination-basis:

Race discrimination

Race:

Black