United States v. City of Miami

FRANK M. JOHNSON, Jr., Circuit Judge,

concurring in part and dissenting in part,

joined by GODBOLD, Chief Judge, KRAVITCH, HATCHETT, TATE, SAM D. JOHNSON and JERRE S. WILLIAMS, Circuit Judges:

Because the Court’s decision, as set forth in the per curiam opinion, modifying the district court’s decree to eliminate its provisions as to police promotions, and remanding the case to determine whether the government has a right to claim relief as to promotions is not in accord with the facts as reflected by the record or with controlling legal principles, I respectfully dissent. The per curiam opinion…