Middleton v. City of Flint
Court of Appeals for the Sixth Circuit
1Opinion of the Court
BOGGS, Circuit Judge.
The city of Flint, Michigan, adopted a plan in 1985 requiring that 50% of all police officers who are promoted to the rank of sergeant be members of specified “minority” groups. This action under 42 U.S.C. §§ 1983 and 1981 was brought by white police officers who have been passed over at least once1 for promotion because the plan required that minorities be promoted ahead of them to maintain the designated numerical balance. The district court granted summary judgment to the city, and the plaintiffs timely appealed. We hold that the city has not met its heavy burden of…
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