Legal Opinion

Bushey v. New York State Civil Service Commission

District Court, N.D. New York

Decided October 3, 1983No. 82-CV-1219PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM-DECISION and ORDER

MINER, District Judge.

I

This rather novel reverse discrimination action arises out of the alleged racially discriminatory treatment of non-minority plaintiffs in the context of their civil service employment with the State of New York. The action is brought pursuant to 42 U.S.C. §§ 1981 and 1983, and Titles VI 1 and VII 2 of the Civil Rights Act of 1964. Jurisdiction is predicated upon 28 U.S.C. §§ 1331 and 1343. Before this Court are motions by all parties 3 for summary judgment pursuant to Fed.R.Civ.P. 56(a) & (b).

II

The relative simplicity of the facts…

2Cases cited57 opinions

  1. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  2. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  3. Texas Department of Community Affairs v. BurdineSupreme Court of the United States · 1981
  4. Warth v. SeldinSupreme Court of the United States · 1975
  5. Baker v. CarrSupreme Court of the United States · 1962

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3Cited by6 opinions

  1. Bushey v. New York State Civil Service CommissionCourt of Appeals for the Second Circuit · 1984
  2. Police Officers for Equal Rights v. CITY OF COL.District Court, S.D. Ohio · 1985
  3. 34 Fair empl.prac.cas. 1065, 34 Empl. Prac. Dec. P 34,337 James Bushey, Roger D. Bell, Robert W. Ferber, William J. Norton, Robert J. Seitz, George Bartlett, Charles Page, Wayne Wilhelm, Wayne L. Strack, Robert Fucci, Gary H. Filion, Edward D. Rogan, Miles Barnes, Donald E. Clark and Gerald Sweeney, Each Individually and on Behalf of All Others Similarly Situated v. New York State Civil Service Commission Joseph Valenti, in His Capacity as President of the New York State Civil Service Commission and Civil Service Commissioner Josephine Gambino and James McFarland in Their Capacity as Civil Service Commissioners the New York State Department of Correctional Services and Thomas A. Coughlin, Iii, in His Capacity as Commissioner of the New York State Department of Correctional Services, and Gerald A. Wells, Wilbur I. Wright, Joseph P. Bates, Thomas D. Haskell, and Percy Jones, Intervenors-AppellantsCourt of Appeals for the Second Circuit · 1984
  4. Bushey v. N.Y.S. Civil Service CommCourt of Appeals for the Second Circuit · 1985
  5. James Bushey v. New York State Civil Service CommissionSupreme Court of the United States · 1985

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