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United States First Circuit


Prescott v. Higgins, 07-2809

In a claim of racial discrimination against defendant city, grant of summary judgment for defendants, denial of plaintiff's cross-motion for summary judgment, and denial of motion to alter or amend the judgment are affirmed over claims of error that: 1) selection criteria used by defendant resulted in a less than eighty percent success rate for African-American applications; 2) the selection criteria have had a disparate impact on African-American applicants; and 3) plaintiff was not compensated for serving as Acting General Foreman in 2002 when the then-General Foreman was out on sick-leave.

Appellate Information

  • Decided 08/20/2008
  • Published 08/20/2008

Judges

  • TORRUELLA, Circuit Judge., Before LYNCH, Chief Judge, O'CONNOR, Associate Justice (Ret.), and TORRUELLA, Circuit Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Winston Kendall, for appellant.

  • For Appellees:
  • Karen A. Glasgow, Senior Assistant Corporation Counsel, City of Boston Law Department, with whom William F. Sinnott, Corporation Counsel, was on brief for appellees City of Boston, et al.
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