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Plaintiffs-appellees, former and present members of the New York City Transit Police Department and a fraternal organization of black transit police officers, commenced an action in the United States District Court for the Eastern District of New York (Sifton, J.) pursuant to, inter alia, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (1982), and 42 U.S.C. § 1981 (1982). The complaint alleged various claims of intentional employment discrimination against minority transit police officers by defendants-appellants New York City Transit Authority, New York City Transit Police Department, and the two most recent chiefs of the Department (collectively, the "Department" or "NYCTA").

Following a lengthy bench trial, Judge Sifton entered judgment for the Department on all of appellees' claims for individual relief, on all claims of discriminatory retaliation, and on all claims of unlawful discrimination in job assignments and promotions. Finding intentional discrimination in the form of excessive lenience on the part of white officers toward other white officers in the initiation of disciplinary proceedings, the district court enjoined appellants from further discrimination and directed the Department to comply with specified deadlines for the promulgation of new rules and procedures to end racial bias in the disciplinary system. The requirement that appellants promulgate new rules and procedures was stayed pending appeal.

For the reasons set forth below, we conclude that the district judge's finding of intentional discrimination was clearly erroneous. We therefore reverse and direct entry of judgment for appellants.


832 F.2d 764 (1987)

Richard A. WOODBURY, William Aroya, Freddie Atchison, Richard Beck, George Cuebas, Esau German, Ronald Graham, Thomas Haynes, Reinaldo Pitters, Walter Smith, George Yik, individually and on behalf of all others similarly situated, and the Guardians Association, Inc., New York City Transit Police Department, Plaintiffs-Appellees, v. NEW YORK CITY TRANSIT AUTHORITY, New York City Transit Police Department, James B. Meehan and Sanford Garelick, individually and in their official capacities as Chief and former Chief, respectively, of the New York City Transit Police Department, Defendants-Appellants.

No. 1122, Docket 87-7149.

United States Court of Appeals, Second Circuit.

Argued May 27, 1987.

Decided November 4, 1987.

New York Law School location: File #389, Box #120