United States Sixth Circuit

Summary judgment for defendants, a police division and chief, on officers' claim that they were denied promotions on account of race and gender is affirmed where plaintiffs: 1) did not establish discrimination on account of race by direct evidence; 2) failed to present any evidence that the chief acted on the basis of race and not the permissible basis of the civil service rules' requirements and his according ethical obligations; and 3) failed to prove that his decision to use an earlier eligibility list was a pretext for gender discrimination.

Appellate Information

• Decided 08/25/2006
• Published 08/25/2006

Judges

• Before:  GUY and GIBBONS, Circuit Judges;  EDMUNDS, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Samuel N. Lillard, Mowery & Youell, Dublin, Ohio, for Appellants.  Paula J. Lloyd, Columbus City Attorney's Office, Columbus, Ohio, for Appellees.   ON BRIEF:  Samuel N. Lillard, Dianne D. Einstein, Mowery & Youell, Dublin, Ohio, for Appellants.  Paula J. Lloyd, Pamela J. Gordon, Columbus City Attorney's Office, Columbus, Ohio, for Appellees.