Judge Dismisses Firefighter’s Suit

Six months ago, firefighter Michael Briscoe filed suit against the city over the 2003 promotions test that led to an historic Supreme Court decision. On Wednesday, a U.S. District Court Judge tossed out Briscoe’s case.

Judge Charles S. Haight, Jr. issued a ruling on Wednesday granting a motion for dismissal by the City of New Haven. Attorneys for the city had filed the motion in response to a complaint brought against the city by firefighter Briscoe in October 2009.

Briscoe sought to be promoted to the rank of lieutenant. He argued that he was unfairly denied promotion because of the way the city scored a 2003 promotions exam.

That exam was the basis for the case of Ricci v. DeStefano, in which a mostly white group of 20 firefighters sued the city. They claimed they were unfairly denied promotions after the city tossed out the results of the test when African-Americans scored poorly. Frank Ricci and his co-plaintiffs went on to win their case in the Supreme Court in June 2009. Soon after that, Briscoe filed his complaint.

Briscoe’s complaint alleged that New Haven weighs the oral and written components of promotions examinations differently than other cities do, in a way that has a disparate impact on African-Americans. Briscoe topped the oral portion of the exam but did poorly on the written section. He sought promotion and back pay.

In addition to his suit against the city, Briscoe has filed a motion to intervene in the Ricci case. Ricci is back in front of Judge Janet Bond Arterton in her Church Street courtroom. The fate of Briscoe’s motion in the wake of Judge Haight’s decision is unclear.

Judge Haight did not release an opinion to explain his dismissal of the case on Wednesday. A Memorandum of Opinion will ​“issue subsequently,” he wrote.

David Rosen, Briscoe’s attorney, said he had not made a decision about whether to appeal the judge’s decision. ​“We feel strongly about the case but we want to take a close look at the judge’s decision,” he said.

Karen Torre, attorney for Ricci and his co-plaintiffs, welcomed the judge’s decision. ​“This junk lawsuit has finally and rightly been dismissed,” she wrote in an email. ​“Maybe now the NHFD can recover and begin to heal. While there are, unfortunately, some lawyers out there looking to hitch their wagons to the Ricci case and start another war, everybody else is really interested in peace at this point and in doing something far more positive. Mr. Rosen’s effort to prevent that goal from being reached has failed and we’re glad it did.”

Victor Bolden, attorney for the city, also welcomed the news. ​“Today, the City of New Haven achieved another step towards concluding issues relating to the 2003 promotional examinations in the New Haven Department of Fire Service,” he said. ​“The decision confirms what should be a basic principle of law: a municipality should not be held liable for following a ruling of the United States Supreme Court.”

Past stories on fire department promotions and the Ricci case:

• Arterton Cleared For Ricci
• Arterton Asks 2nd Judge To Look At Ricci Conflict Claim
• Torre Blasts Ricci Judge For Consorting With ​“Feminists”
• Judge Swings Back; Ricci Case Stalls
• ​“Tinney Intervenors” Step Down In Ricci Case
• Ricci Victors Seek Damages
• After 6‑Year Battle, Firefighters Get Badges
• Ricci Case’s ​“Tinney Intervenors” Try Again
• 10 More Firefighters Promoted
• Judge Blocks Black Firefighters’ Move
• Board Promotes 14 Firefighters
• Judge Orders Firefighter Promotions
• Black Firefighters Seek To Halt Promotions
• Promotions Pitched In Ricci Case
• Ricci​’s Back In Court
• After Ricci Ruling, Black Firefighter Sues City
• Ricci Takes The Stand
• In D.C., Two Latino Views On Sotomayor
• Dems Swing Back On Ricci
• ConnectiCOSH Kibosh
• Sotomayor: I Didn’t ​“Hide” Ricci Case
• Is Ricci Being Smeared?
• Sotomayor Speaks On Ricci
• Ricci Takes Center Stage
• Watley: I’d Have Promoted Ricci
• Firebirds, NAACP: Ricci Won’t Stop Us
• ​“If You Work Hard You Can Succeed In America”
• Was He The Culprit?
• Supreme Court Overturns City On Ricci
• On Page 25, A Hint
• Minority Firefighters Vow Post-Ricci Unity
• Ricci Ruling Won’t End Quest
• Ricci, Sotomayor Brand DeStefano
• Firefighter Case Reveals Surprise Obama Stand
• Justices Zero In On Race-Based Distinctions
• Rights Groups Back Black Firefighters
• The Supreme Stakes: Title VII’s Future
• Dobbs v. Bolden
• Latino Group Backs White Firefighters
• Black Firefighters: Ricci Case Poses Grave Threat
• NAACP Backs City In Firefighter Case
• Paging Justice Kennedy
• Fire Inspectors Promoted
• Fire Inspector List Approved
• U.S. Supreme Court To Hear Firefighters’ Case
• Fire Promotions Examined in Supreme Court