Boston Police Superior Officers Federation v. City of Boston

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that a “strong basis” in evidence can be based on a “contemporaneous or antecedent finding of past discrimination by a court or other competent body”
• stating that a violation of the four-fifths rule, along with statistical evidence of underrepresentation of blacks at the lieutenant level, “reinforces the [Department’s] conclusion that it had not yet succeeded in remedying the effects of its history of discrimination”
• listing “the extent to which ... legitimate expectancies are frustrated or encumbered” as a factor in the narrow tailoring analysis
• finding that “departure from strict rank order ‘limits only to a rather small extent the ability of white police officers to become sergeants. Indeed, white officers passed over on one test may be considered for future appointments.’ ”
• inquiring into whether the challenged policy “contains (or fails to contain) built-in mechanisms which will, if time and events warrant, shrink its scope and limit its duration”
• listing “the extent to which ... legitimate expectancies are frustrated or encumbered” as a factor in the narrow tailoring analysis

Source: CourtListener parenthetical corpus (CC0).