Long v. City of Saginaw

Sixth Circuit

Long v. City of Saginaw

805 F.2d 1035, 1986 U.S. App. LEXIS 32443, 1986 WL 16184

CourtCourt of Appeals for the Sixth Circuit

DecidedOctober 20, 1986

Docket85-1352

StatusUnpublished

This text of 805 F.2d 1035 (Long v. City of Saginaw) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Long v. City of Saginaw, 805 F.2d 1035, 1986 U.S. App. LEXIS 32443, 1986 WL 16184 (6th Cir. 1986).

Pincite

Opinion

805 F.2d 1035

Unpublished Disposition
NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.
Dennis LONG, James Maher, Gary Theunick and Robert Davey, Plaintiffs,
v.
CITY OF SAGINAW, a Municipal Corporation, Teamsters Local
129 and International Brotherhood of Teamsters,
Chaffeurs, Warehousemen and Helpers of
America, Defendants.

No. 85-1352.

United States Court of Appeals, Sixth Circuit.

Oct. 20, 1986.

Before MERRITT and JONES, Circuit Judges, and THOMAS, Senior District Judge*.

ORDER

Appellants, laid-off policemen from Saginaw, Michigan, appeal from an order of the district court dismissing their claim alleging violations of the Fourteenth Amendment, 42 U.S.C. Secs. 1981, 1983, 1985 and 1986, and several state laws. Essentially, Appellants claim that when their collective bargaining agreement was modified to permit the hiring of one minority police officer for every officer recalled from layoff status, the City of Saginaw created a constitutionally impermissible race-based system for the hiring and recall of police officers.

In evaluating the cross motions for summary judgment before it, the district court relied heavily on this court's opinion in Wygant v. Jackson Board of Education, 746 F.2d 1152 (6th Cir.1984). However, our opinion in Wygant was recently reversed by the Supreme Court. Wygant v. Jackson Board of Education, --- U.S. ----, 106 S.Ct. 1842 (1986). For this reason, we are of the opinion that this case should be REMANDED to the district court for reconsideration in light of the Supreme Court's ruling in Wygant, supra.

Accordingly, it is so ORDERED.

*

The Honorable William K. Thomas, Senior District Judge of the United States District Court for the Northern District of Ohio, sitting by designation

Free access — add to your briefcase to read the full text and ask questions with AI

805 F.2d 1035

Unpublished Disposition
NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.
Dennis LONG, James Maher, Gary Theunick and Robert Davey, Plaintiffs,
v.
CITY OF SAGINAW, a Municipal Corporation, Teamsters Local
129 and International Brotherhood of Teamsters,
Chaffeurs, Warehousemen and Helpers of
America, Defendants.

No. 85-1352.

United States Court of Appeals, Sixth Circuit.

Oct. 20, 1986.

Before MERRITT and JONES, Circuit Judges, and THOMAS, Senior District Judge*.

ORDER

Appellants, laid-off policemen from Saginaw, Michigan, appeal from an order of the district court dismissing their claim alleging violations of the Fourteenth Amendment, 42 U.S.C. Secs. 1981, 1983, 1985 and 1986, and several state laws. Essentially, Appellants claim that when their collective bargaining agreement was modified to permit the hiring of one minority police officer for every officer recalled from layoff status, the City of Saginaw created a constitutionally impermissible race-based system for the hiring and recall of police officers.

In evaluating the cross motions for summary judgment before it, the district court relied heavily on this court's opinion in Wygant v. Jackson Board of Education, 746 F.2d 1152 (6th Cir.1984). However, our opinion in Wygant was recently reversed by the Supreme Court. Wygant v. Jackson Board of Education, --- U.S. ----, 106 S.Ct. 1842 (1986). For this reason, we are of the opinion that this case should be REMANDED to the district court for reconsideration in light of the Supreme Court's ruling in Wygant, supra.

Accordingly, it is so ORDERED.

*

The Honorable William K. Thomas, Senior District Judge of the United States District Court for the Northern District of Ohio, sitting by designation

Cite This Page — Counsel Stack

Bluebook (online)

805 F.2d 1035, 1986 U.S. App. LEXIS 32443, 1986 WL 16184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/long-v-city-of-saginaw-ca6-1986.

Opinion

Related

Cite This Page — Counsel Stack