United States Third Circuit

In a challenge to a city's diversity policy under which plaintiffs-firefighters were involuntarily transferred or denied requests to transfer between fire companies, judgment for defendants, a city and officials, is reversed where the city could not constitutionally employ a race-based transfer and assignment policy when any racial imbalance in the companies was not the result of past intentional discrimination by the city.

Appellate Information

• Argued 06/29/2006
• Decided 09/18/2006
• Published 09/18/2006

Judges

• Before BARRY, VAN ANTWERPEN and JOHN R. GIBSON, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• David Tykulsker, Esq. (Argued), David Tykulsker & Associates, Montclair, NJ, Counsel for Appellants., John H. Findley, Esq., Pacific Legal Foundation, Sacramento, CA, Counsel for Amicus-Appellants.


• For Appellees:
  
• Carolyn A. McIntosh, Esq. (Argued), Newark, NJ, Counsel for Appellees.