United States Second Circuit

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Maraschiello v. City of Buffalo Police Department, 12-1006

Summary judgment for defendants on plaintiff's racial discrimination suit claiming plaintiff, though eligible, was not promoted to inspector after the results of a civil service examination were replaced by the results of an updated version, is affirmed, where plaintiff failed to provide evidence from which a reasonable jury could conclude that he suffered a discriminatory action because defendants were already in the process of preparing an updated exam and eligibility list when the inspector position became available, and plaintiff chose not to take the updated test.

Appellate Information

  • Decided 02/27/2013
  • Published 02/27/2013

Judges

  • WESLEY

Court

  • United States Second Circuit

Counsel