Willie ALLEN Et Al., Plaintiffs-Appellants, v. the CITY OF MOBILE Et Al., Defendants-Appellees

466 F.2d 122, 1972 U.S. App. LEXIS 6652, 5 Empl. Prac. Dec. (CCH) 7958, 4 Fair Empl. Prac. Cas. (BNA) 1290

• Court: Court of Appeals for the Fifth Circuit
• Decided: November 17, 1972
• Docket: 72-1009
• Status: Published

Opinions

PER CURIAM:

Plaintiffs, black officers of the Mobile Police Department, sued the defendants claiming that various practices of the Police Department discriminated against Negro officers on account of their race.

We agree with the plaintiffs’ statement contained in their brief that the district court, in granting substantially all relief sought on the subject of racial assignment of officers, in ordering changes to reduce or eliminate the discriminatory impact of seniority and service ratings, and in requiring that instruction in intergroup relations be given to all officers and that the defendants undertake affirmative efforts to recruit black officers, has made possible substantial progress toward the achievement of the elimination of unlawful racial discrimination and the elimination of the vestiges of past discrimination.

Plaintiffs’ sole issue on this appeal, however, is that the district court, in fashioning a remedy, did not enjoin the use of a written test, which they contend is discriminatory as to blacks, given to promote officers to the rank of sergeant. The district court found that the test is job-related. We affirm the judgment of Chief Judge Pittman on the basis of his order and decree reported at 331 F.Supp. 1134 (S.D.Ala.1971).

Affirmed.