United States Fifth Circuit

In a suit brought by Caucasian fire recruit applicants alleging that city's race-conscious hiring policy impermissibly caused a delay in their hiring, a ruling finding that the policy did cause a delay, awarding most plaintiffs' damages, but denying them damages for lost pension benefits, is affirmed where the district court: 1) did not clearly err in finding each of the present plaintiffs' claims were timely; 2) appropriately dismissed plaintiffs who failed to show they suffered from an adverse employment decision; and 3) was within its discretion in denying pension-related damages.

Appellate Information

• Decided 04/20/2007
• Published 04/23/2007

Judges

• BENAVIDES, Circuit Judge:, Before REAVLEY, JOLLY and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Joseph Vincent DiRosa, Jr. (argued), Deputy City Atty., Heather M. Valliant, New Orleans, LA, Franz L. Zibilich (argued), Martiny & Caracci, Metairie, LA, for New Orleans City.


• For Appellees:
  
• Clement P. Donelon (argued), Roland Vaughn Cimini, Metairie, LA, for Plaintiffs-Appellees-Cross-Appellants.