Legal Opinion
Kirkland v. New York State Department of Correctional Services
District Court, S.D. New York
Decided December 1, 1982No. 82 Civ. 0295PublishedCited by 5 opinions
1Opinion of the Court
OPINION
GRIESA, District Judge.
This is a motion under Fed.R.Civ.P. 23(e) to approve a class action settlement. The motion is granted.
The Action
The suit is brought on behalf of black and hispanic Correction Sergeants in the New York State Department of Correctional Services, challenging the legality of Promotional Examination No. 36-808, given for the position of Correction Lieutenant (G-20) on October 3, 1981. The claim is that the test and the resulting eligibility list are racially discriminatory in violation of the Fourteenth Amendment of the United States Constitution, 42 U.S.C. §§ 1981…
2Cases cited22 opinions
- Texas Department of Community Affairs v. BurdineSupreme Court of the United States · 1981
- Washington v. DavisSupreme Court of the United States · 1976
- Alexander v. Gardner-Denver Co.Supreme Court of the United States · 1974
- Regents of the University of California v. BakkeSupreme Court of the United States · 1978
- Castaneda v. PartidaSupreme Court of the United States · 1977
17 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bushey v. New York State Civil Service CommissionCourt of Appeals for the Second Circuit · 1984
- Gulino v. Board of Education of the City School District of New YorkDistrict Court, S.D. New York · 2002
- Bushey v. New York State Civil Service CommissionDistrict Court, N.D. New York · 1983
- 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
- Kirkland v. NY STATE DEPT. OF CORRECTIONAL SERV.District Court, S.D. New York · 1982