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.