Case: United States v. Cobb County, Georgia

1:24-cv-02010 | U.S. District Court for the Northern District of Georgia

Filed Date: May 8, 2024

Closed Date: Feb. 27, 2025

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Case Summary

 The complaint in this case was filed on May 8, 2024, by the United States of America. The complaint was filed in the United States District Court for the Northern District of Georgia and assigned to Judge William M. Ray II. The government alleged that Cobb County, through the Cobb County Fire Department (“CCFD”), used a written examination as a screening device in 2020 and a credit check between 2016 and 2020 to screen and select candidates for firefighter positions at the CCFD. This resulted …

 The complaint in this case was filed on May 8, 2024, by the United States of America. The complaint was filed in the United States District Court for the Northern District of Georgia and assigned to Judge William M. Ray II. The government alleged that Cobb County, through the Cobb County Fire Department (“CCFD”), used a written examination as a screening device in 2020 and a credit check between 2016 and 2020 to screen and select candidates for firefighter positions at the CCFD. This resulted in an impermissible disparate impact on African-American candidates in its selection process for firefighter positions, in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”).

The parties negotiated a consent decree on May 9, 2024. They amended the consent decree on May 15, 2024. The defendant continued to deny the allegations of impermissible disparate impact and denied that it violated the law in any way. The parties ultimately reached a settlement without an admission of liability by Cobb County. The major components of relief in the proposed consent decree included: (1) injunctive relief and oversight to ensure that CCFD maintains a Title VII-compliant hiring process; (2) $750,000 in monetary relief to be distributed among eligible African-American claimants; and (3) up to 16 priority-hire positions, with certain components of retroactive seniority.

The court denied approval of the consent decree on January 16, 2025. Judge Ray noted that "the relief proposed by the parties is arguably a form of intentional discrimination based on race." Under Title VII, a public employer cannot engage in intentional discrimination for the asserted purpose of remedying an unintentional disparate impact without a “strong basis in evidence” to believe it is or will be liable if it fails to engage in the race-conscious action. The court found this standard was not met, pointing to the fact that the claims were not litigated and the defendant continued to deny liability.

The government voluntarily dismissed this case on February 26, 2025.

Summary Authors

Jinan Abufarha (11/30/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68513951/parties/united-states-v-cobb-county-georgia/


Judge(s)

Ray, William M. (Georgia)

Attorney for Plaintiff

Bradford, Garrett L. (Georgia)

Gray, Juliet E. (Georgia)

Hughes, Aileen Bell (Georgia)

McEntire, Brian (Georgia)

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Documents in the Clearinghouse

Document
1

1:24-cv-02010

Complaint

United States of America v. Cobb County, Georgia

May 8, 2024

May 8, 2024

Complaint
13

1:24-cv-02010

Order

United States of America v. Cobb County, Georgia

Jan. 16, 2025

Jan. 16, 2025

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68513951/united-states-v-cobb-county-georgia/

Last updated Jan. 8, 2026, 12:54 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by United States of America. Summons not issued because they are not made out to the Defendants. Attorney notified to file corrected summons. (Attachments: # 1 Proposed Summons-County Commissioner, # 2 Proposed Summons-County Manager, # 3 Civil Cover Sheet)(bmr) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 05/08/2024)

1 Proposed Summons-County Commissioner

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2 Proposed Summons-County Manager

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3 Civil Cover Sheet

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May 8, 2024

May 8, 2024

Clearinghouse
2

Joint MOTION for Provisional Entry of Consent Decree; Motion for Fairness Hearing with Brief In Support by United States of America. (Attachments: # 1 Brief, # 2 Text of Proposed Order, # 3 Exhibit CCFD Consent Decree)(Hughes, Aileen) . Added MOTION for Hearing on 5/10/2024 (dob). (Entered: 05/09/2024)

1 Brief

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2 Text of Proposed Order

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3 Exhibit CCFD Consent Decree

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May 9, 2024

May 9, 2024

RECAP

Notification of Docket Correction re 2 First MOTION for Provisional Entry of Consent Decree MOTION for Fairness Hearing. Pleading filed as single part motion; should be multi part motion. Clerk made necessary changes. (dob)

May 10, 2024

May 10, 2024

3

ORDER granting 2 Motion for Provisional Entry of Consent Decree and Scheduling a Fairness Hearing on the Terms of the Consent Decree. The Consent Decree is Provisionally Entered. It is FURTHER ORDERED that Defendants deadline to respond to the Complaint is stayed, and a Fairness Hearing on the Terms of the Consent Decree is set for August 26, 2024, at 3:00 p.m. in Courtroom 1705 of the United States District Court for the Northern District of Georgia, Richard B. Russell Federal Building and United States Courthouse, 2211 United States Courthouse, 75 Ted Turner Drive SW, Atlanta, GA 30303. Signed by Judge William M. Ray, II on 5/15/2024. (dob) (Entered: 05/16/2024)

May 15, 2024

May 15, 2024

RECAP
4

Provisional Consent Decree. (dob) (Entered: 05/16/2024)

May 15, 2024

May 15, 2024

RECAP
5

Joint MOTION for Final Approval of Amended Consent Decree with Brief In Support by United States of America. (Attachments: # 1 Brief in Support of Joint Motion, # 2 Text of Proposed Order Approving Joint Motion, # 3 Exhibit A - Amended Consent Decree, # 4 Exhibit B - Declaration of S. Schwermer-Sween, # 5 Exhibit C - Declaration of W. Johnson, # 6 Exhibit D - Declaration of P. Jackson)(McEntire, Brian) Modified on 8/16/2024 to edit text to reflect PDF (dob). (Entered: 08/16/2024)

1 Brief in Support of Joint Motion

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2 Text of Proposed Order Approving Joint Motion

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3 Exhibit A - Amended Consent Decree

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4 Exhibit B - Declaration of S. Schwermer-Sween

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5 Exhibit C - Declaration of W. Johnson

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6 Exhibit D - Declaration of P. Jackson

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Aug. 16, 2024

Aug. 16, 2024

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6

Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom by United States of America. (Hughes, Aileen) (Entered: 08/22/2024)

Aug. 22, 2024

Aug. 22, 2024

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7

ORDER granting 6 Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom on 8/26/2024. Signed by Judge William M. Ray, II on 8/23/2024. (dob) (Entered: 08/23/2024)

Aug. 23, 2024

Aug. 23, 2024

RECAP
8

Minute Entry for proceedings held before Judge William M. Ray, II: Motion Hearing held on 8/26/2024. Court heard argument from counsel on final hearing and requests additional briefing from Plaintiff within 60 days from today. If Defendant would like to respond to Plaintiff's Briefing, they are to let the Court know and the Court will set a deadline for the Defendant's response. (Court Reporter Geraldine Glover)(dob) (Entered: 08/26/2024)

Aug. 26, 2024

Aug. 26, 2024

RECAP

Submission of 5 Joint MOTION for Final Approval of Amended Consent Decree, to District Judge William M. Ray II. (sll)

Sept. 5, 2024

Sept. 5, 2024

9

TRANSCRIPT of Proceedings held on August 26, 2024, before Judge William M. Ray, II. Court Reporter/Transcriber Geraldine S. Glover. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/court-reporter-directory. Tape Number: 1. 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. Redaction Request due 10/22/2024. Redacted Transcript Deadline set for 11/1/2024. Release of Transcript Restriction set for 12/30/2024. (Attachments: # 1 Appendix Notice of Filing of Transcript) (gxg) (Entered: 10/01/2024)

1 Appendix Notice of Filing of Transcript

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Oct. 1, 2024

Oct. 1, 2024

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10

Unopposed MOTION for Leave to File Excess Pages Up to 50 Pages for the United States' Additional Brief in Support of the Joint Motion for Final Approval of the Consent Decree by United States of America. (Attachments: # 1 Text of Proposed Order)(McEntire, Brian) (Entered: 10/21/2024)

1 Text of Proposed Order

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Oct. 21, 2024

Oct. 21, 2024

RECAP
11

ORDER granting 10 Motion for Leave to File Excess Pages not to exceed 50 pages. Signed by Judge William M. Ray, II on 10/23/2024. (dob) (Entered: 10/23/2024)

Oct. 23, 2024

Oct. 23, 2024

RECAP
12

ADDITIONAL BRIEF in Support re 5 Joint MOTION for Final Approval of Amended Consent Decree Additional Brief Requested by the Court filed by United States of America. (Attachments: # 1 Affidavit Declaration of Brian McEntire, # 2 Affidavit Declaration of Bernard R. Siskin, Ph.D)(Gray, Juliet) Modified on 10/28/2024 to edit text to reflect PDF(dob). (Entered: 10/25/2024)

1 Affidavit Declaration of Brian McEntire

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2 Affidavit Declaration of Bernard R. Siskin, Ph.D

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Oct. 25, 2024

Oct. 25, 2024

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13

ORDER denying 5 Motion for Final Approval of Amended Consent Decree. Signed by Judge William M. Ray, II on 1/16/2025. (dob) (Entered: 01/16/2025)

Jan. 16, 2025

Jan. 16, 2025

Clearinghouse
14

ORDER directing parties to file their Rule 26(f) conference report within 21 days from the date of this Order. Signed by Judge William M. Ray, II on 1/22/2025. (dob) (Entered: 01/22/2025)

Jan. 22, 2025

Jan. 22, 2025

RECAP
15

Unopposed MOTION for Extension of Time for Filing a Rule 26(f) Conference Report with Brief In Support by United States of America. (Attachments: # 1 Text of Proposed Order)(McEntire, Brian) (Entered: 02/07/2025)

1 Text of Proposed Order

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Feb. 7, 2025

Feb. 7, 2025

RECAP

Submission of 15 Unopposed MOTION for Extension of Time for Filing a Rule 26(f) Conference Report, to Magistrate Judge J. Elizabeth McBath. (sll)

Feb. 10, 2025

Feb. 10, 2025

Submission of 14 Order, Set Submission Deadline, to Magistrate Judge J. Elizabeth McBath. (sll)

Feb. 18, 2025

Feb. 18, 2025

16

ORDER granting 15 Motion for Extension of Time to File a Rule 26(f) Conference Report and to file the joint preliminary report and discovery plan as sent in this order. Signed by Magistrate Judge J. Elizabeth McBath on 2/19/2025. (dob) (Entered: 02/19/2025)

Feb. 19, 2025

Feb. 19, 2025

RECAP
17

NOTICE of Appearance by Karen Woodard on behalf of United States of America (McEntire, Brian) Modified on 2/27/2025 to edit applicable filer (dob). (Entered: 02/26/2025)

Feb. 26, 2025

Feb. 26, 2025

18

NOTICE of Voluntary Dismissal filed by United States of America (Bradford, Garrett) (Entered: 02/26/2025)

Feb. 26, 2025

Feb. 26, 2025

19

NOTICE of Appearance by Garrett L. Bradford on behalf of United States of America (Bradford, Garrett) (Entered: 02/26/2025)

Feb. 26, 2025

Feb. 26, 2025

RECAP

Clerk's Entry of Dismissal APPROVING 18 Notice of Voluntary Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(A)(i). (dob)

Feb. 27, 2025

Feb. 27, 2025

Civil Case Terminated. Magistrate Judge J. Elizabeth McBath terminated from case. (dob)

Feb. 27, 2025

Feb. 27, 2025

Case Details

State / Territory:

Georgia

Case Type(s):

Equal Employment

Special Collection(s):

Trump Administration 2.0: Reversing Course on Existing Litigation

Key Dates

Filing Date: May 8, 2024

Closing Date: Feb. 27, 2025

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

The plaintiff is the United States.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Cobb County, Georgia, County

Case Details

Causes of Action:

Civil Rights Act of 1957/1960, 52 U.S.C. § 10101 (previously 42 U.S.C. § 1971)

Other Dockets:

Northern District of Georgia 1:24-cv-02010

Available Documents:

Any published opinion

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None

Source of Relief:

None

Issues

Discrimination Area:

Disparate Impact

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

EEOC-centric:

Direct Suit on Merits