Opinion

31 Fair empl.prac.cas. 465, 31 Empl. Prac. Dec. P 33,497 Hanson Bratton v. City of Detroit, and Guardians of Michigan, Intervening

  • 704 F.2d 878
  • 31 Fair Empl. Prac. Cas. (BNA) 465
Court
Court of Appeals for the Sixth Circuit
Filed
Mar 29, 1983
Status
Published
Author
Celebrezze
On the bench
Merritt, Jones, Celebrezze
Cited by
66 cases
Authority
More cited than 25.3%

Modified by Bratton v. City of Detroit, 712 F.2d 222 (1983)

applying Weber in suit by nonminority policemen against the City of Detroit

How later courts described this case

  • applying Weber in suit by nonminority policemen against the City of Detroit
  • applying the Weber standards to find affirmative action plan permissible
  • “We find, however, that the issue of the validity of an affirmative action plan is a question of law, to be determined by the court and not the jury.”
  • City's voluntary affirmative action plan regarding police department promotions to sergeant upheld

Written by the judges who cited it.

The opinion

CELEBREZZE, Senior Circuit Judge,

concurring in result.

The issue regarding the appropriate constitutional analysis in a benign discrimination case was addressed by this court in Detroit Police Officers Assoc. v. Young, 608 F.2d 671 (6th Cir.1979). I believe that this court’s opinion in Young is the controlling precedent in this instance and that the constitutional analysis contained in Young is consistent with the judgment of the district court. Therefore, I agree that the judgment of the district court should be affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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