Hyperlawhypertext legal databasebeta Boston Firefighters Union, Local 718 v. Boston Chapter, NAACP 461 U.S. 477

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Boston Firefighters Union, Local 718 v. Boston Chapter, NAACP

461 U.S. 477 Court SCOTUS Decision date 1983-05-16 Docket No. 82-185 English

Judges Justice Marshall took no part in the consideration or decision of these cases.

Delivered by *478 Per Curiam.

Contents

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p. 477
BOSTON FIREFIGHTERS UNION, LOCAL 718 v. BOSTON CHAPTER, NAACP, et al.
No. 82-185.
Argued April 18, 1983
Decided May 16, 1983[1]
John F. McMahon argued the cause for petitioners in Nos. 82-185 and 82-246 and filed briefs for petitioner in No. 82-185. Thomas A. Bamico, Assistant Attorney General of Massachusetts, argued the cause pro hac vice for petitioners in No. 82-259. With him on the briefs were Francis X. Bellotti, Attorney General, Thomas R. Kiley, First Assistant Attorney General, E. Michael Sloman, Assistant Attorney General, and Marc S. Seigle, Special Assistant Attorney General. Kevin P. Phillips filed a brief for petitioner in No. 82-246.
James S. Dittmar argued the cause for respondents in all cases. With him on the brief were Judith Bernstein Tracy, Peggy A. Wiesenberg, and Gerald Gillerman.[2]

In these cases, the United States Court of Appeals for the First Circuit upheld the District Court’s August 7, 1981, orders enjoining the Boston Police and Fire Departments from laying off policemen and firefighters in a manner that would reduce the percentage of minority officers below the level obtaining at the commencement of layoffs in July 1981. 679 F. 2d 965 (1982). These orders had the effect of partially superseding the operation of the State’s statutory last-hired, first-fired scheme for civil service layoffs, Mass. Gen. Laws Ann., ch. 31, § 39 (West 1979). Following the Court of Appeals’ decision, Massachusetts enacted legislation providing the city of Boston with new revenues, requiring reinstatement of all police and firefighters laid off during the reductions in force,

p. 479
securing these personnel against future layoffs for fiscal reasons, and requiring the maintenance of minimum staffing levels in the Police and Fire Departments through June 30, 1983. See 1982 Mass. Acts, ch. 190, § 25. In light of these changed circumstances, we vacate the judgment of the Court of Appeals and remand for consideration of mootness in light of 1982 Mass. Acts, ch. 190, § 25.

It is so ordered.

Justice Marshall took no part in the consideration or decision of these cases.

Cases cited

  • 679 F. 2d 965 679 F. 2d 965 p. 477