Case: Waisome v. Port Authority of New York and New Jersey

1:88-cv-01234 | U.S. District Court for the Southern District of New York

Filed Date: Feb. 22, 1988

Closed Date: Jan. 4, 1994

Clearinghouse coding complete

Case Summary

On February 22, 1988 plaintiffs brought a complaint against their employer New York / New Jersey Port Authority in United States District Court for the Southern District of New York alleging Title VII violations on account of their race, African-American. The complaint was a class action on behalf of the named plaintiffs and those similarly situated that the 1986-1987 promotional examinations had a disparate impact on black officers.On January 29, 1991, Judge Kevin Duffy of the United States D…

On February 22, 1988 plaintiffs brought a complaint against their employer New York / New Jersey Port Authority in United States District Court for the Southern District of New York alleging Title VII violations on account of their race, African-American. The complaint was a class action on behalf of the named plaintiffs and those similarly situated that the 1986-1987 promotional examinations had a disparate impact on black officers.

On January 29, 1991, Judge Kevin Duffy of the United States District Court for the Southern District of New York dismissed the case and granted summary judgment for the defendants claiming that the plaintiffs failed to show, prima facie, a disparate impact despite certifying the plaintiff class. The case was than closed on February 11, 1991. However, the case was remanded by the United States Court of Appeals back to the District Court and reopened on December 17, 1991.

Eventually, on September 28, 1992 Judge Duffy of the United States District Court for the Southern District of New York signed a consent decree and granted judgment in favor of the plaintiffs. The consent decree required the Port Authority to pay $250,000 to the NAACP Defense Fund as well as certain sums to the named plaintiffs for representing the class. The consent decree also promoted five black members from 1986 and two from 1990 based on seniority and gave $8,000 in damages to members of the certified class from the 1990 test.

The case was appealed and argued before Judge Michael B. Mukasey of the United States Court of Appeals for the Second Circuit and the consent decree was upheld. The case in the court of appeals combined both the Waisome I case and another similar case involving plaintiffs who took the 1990 promotional test. It dismissed, affirmed and reversed the two decision in parts, but the consent decree remained unaffected.

Summary Authors

David Miller (1/3/2011)

People

Judge(s)

Duffy, Kevin Thomas (New York)

Attorney for Defendant

Axelrod, Michael Charles (New York)

Expert/Monitor/Master/Other

Lesser, Joseph (New York)

Documents in the Clearinghouse

1:88-cv-01234

Docket

Waisome v. Port Authority of New York / New Jersey

Jan. 4, 1994

Jan. 4, 1994

Docket

1:88-cv-01234

Opinion

Waisome v. Port Authority of New York / New Jersey

Jan. 29, 1991

Jan. 29, 1991

Order/Opinion

758 F.Supp. 171

Docket

Last updated March 26, 2025, 8:36 a.m.

ECF Number Date Description Link
1 Feb. 22, 1988

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); RECEIPT # 161508 (do) (Entered: 02/27/1992)

PACER
2 Feb. 26, 1988

AMENDED COMPLAINT by Felix Waisome, Roderick W Upshur, Freddie McMillian, Hilary A King, Richard Keith, Ellsworth Corum Jr, Robert L Bethea , (Answer due 3/7/88 for Stephen Berger, for Board of Commissione, for Henry Degeneste, for Port Auth Police Ben, for Port Authority of NY ) amending [1−1] complaint ; Summons issued. (do) (Entered: 02/27/1992)

PACER
10 April 18, 1988

ANSWER by Port Authority of NY, Henry Degeneste, Board of Commissione, Stephen Berger (Attorney Joseph Lesser) to amended complaint; jury demand ; by attorney Joseph Lesser for defendant Port Authority of NY (do) (Entered:

PACER
28 Dec. 17, 1991

MANDATE ORDER, OPINION, &STATEMENT OF COSTS ATTACHED OF USCA (certified copy) Re: that the judgment of said district court be and it hereby is reversed and the action be and it hereby is remanded to the said district court for further proceedings in accordance with the opinion of this court with costs to be taxed against the appellees. STA OF COSTS: Taxed in the amount of $1145.00 in favor of Appellants, Felix Walsome, Freddie McMillan et al., EOD:12/19/91. SO ORDERED ELAINE B. GOLDSMITH. cm (kg) (Entered: 12/19/1991)

PACER
Dec. 17, 1991

Case reopened. (kg) (Entered: 12/19/1991)

PACER
29 June 26, 1992

NOTICE OF MOTION by All Plaintiffs and the Port Authority to implement consent decree. No Return date. (kg) (Entered: 06/30/1992)

PACER
29 June 26, 1992

ORDER, that the Court will hold a hearing on 7/27/92, at 10:00am in room 705, to determine whether to approve the proposed Consent Decree and Distribution Plan and whether to grant pltffs' motion regarding seniority relief. The propsed Notice of Proposed Consent Decree and Distribution Plan and Notice of Intent to Object are hereby approved. Counel for pltffs and Port Authority will w/in 10 days mail by first class mail to each member of the two subclasses in these actions a copy of the Notice of Proposed Consent Decree and Distribution Plan, the Consent Decree,,the Distribution Plan and the Notice of Intent to Object. ( signed by Judge Kevin T. Duffy ); Copies mailed (kg) (Entered: 06/30/1992)

PACER
30 July 6, 1992

ORDER, that the Order Regarding Notice and Fairness Hearing, dtd 6/24/92, is hereby amended to change the date of the hearing from 7/27/92 to 7/28/92 at 10:00 in Room 705. ( signed by Judge Kevin T. Duffy ); Copies mailed (kg) (Entered: 07/07/1992)

PACER
31 July 13, 1992

Affidavit of service of Order Regarding Notice &Fairness Hearing dtd 6/24/92 as to Port Authority of NY and NJ by mail on 7/8/92. (kg) (Entered: 07/13/1992)

PACER
32 July 14, 1992

NOTICE of INTENT TO OBJECT BY INTERVENORS. (all so docketed in 91 Civ.4365) (kg) (Entered: 07/15/1992)

PACER
33 July 17, 1992

NOTICE OF CROSS MOTION by AnthonY Fitzgerald, Rudolph Caroloe, Laura Nastro, Michael Palermo, Michael Honovich, Rocco J. Cuccio, Brian Tierney, Michael Mirrer, Kenneth Whelan, Charles Torres, Dennis Frederick, Kevin Florkowski, John Maresca, Mark O'Neill, Mark K. Potepa, Nicholas Tagarelli, K. Yeglinski, George D. Rostrup, Kevin Murphy, Michael Florie, Joseph St. King, David Hanna, Christopher Trucillo, Fred Concepcion, David Carbonaro, Ronald F. Sulewski, Mark K. Potepa, Nicholas A. Tagarelli for order declaring the proposed Consent Decree offered by the pltffs in the above−captioned cases to be in violation of Title VII of the Civil Rights of 1964. Return date 7/28/92. (also docketed in 91 Civ.4365) (kg) (Entered: 07/17/1992)

PACER
34 July 17, 1992

MEMORANDUM OF LAW by AnthonY Fitzgerald, Rudolph Caroloe, Laura Nastro, Michael Palermo, Michael Honovich, Rocco J. Cuccio, Brian Tierney, Michael Mirrer, Kenneth Whelan, Charles Torres, Dennis Frederick, Kevin Florkowski, John Maresca, Mark O'Neill, Mark K. Potepa, Nicholas Tagarelli, K. Yeglinski, George D. Rostrup, Kevin Murphy, Michael Florie, Joseph St. King, David Hanna, Christopher Trucillo, Fred Concepcion, David Carbonaro, Ronald F. Sulewski, Mark K. Potepa, Nicholas A. Tagarelli in support of [33−1] cross motion for order declaring the proposed Consent Decree offered by the pltffs in the above−captioned cases to be in violation of Title VII of the Civil Rights of 1964. (also docketed in 91 Civ,. 4365) (kg) (Entered: 07/17/1992)

PACER
35 July 24, 1992

REPLY MEMORANDUM by All Plaintiffs re: in support of Consent Decree and Distribution Plan. (Also docketed in 91 Civ.4365) (kg) (Entered: 07/27/1992)

PACER
36 July 28, 1992

MEMORANDUM OF LAW by Port Authority of NY in support of Proposed COnsent Decree. (kg) (Entered: 07/28/1992)

PACER
36 July 28, 1992

MEMORANDUM OF LAW by Port Authority of NY in opposition to Objections filed against the Decree. (kg) (Entered: 07/28/1992)

PACER
37 Aug. 11, 1992

Affidavit of personal service of Notice of Proposed Consent Decree &Distribution Plan upon Dectective Garuin Bacchus by mail on 7/2/92. (kg) (Entered: 08/11/1992)

PACER
38 Sept. 28, 1992

CONSENT DECREE JUDGMENT,..... The Port Authority will pay to the NAACP Legal Defense and Educational Fund, Inc., w/in 30 days after this consent decree is approved by the court, the sum of $250,000.00, to be distributed in accordance with a Distribution Planed approved by the Court. EOD:9/30/92. ( signed by Judge Kevin T. Duffy ) (also docketed in 91 Civ.4365) (kg) Modified on 09/30/1992 (Entered: 09/30/1992)

PACER
39 Sept. 28, 1992

DISTRIBUTION PLAN ORDER, that all funds paid to the NAACP Legal Defense and Educational Fund, Inc. for distribution to members of either subclass shall be placed in an interest bearing bank account, and shall not be comingled with any other funds. Execpt as provided in the following sentence, all members of subclass A (as defined in the Consent Decree) shall be eligible to receive monetary relief from funds paid to LDF for distribution to subclass A. ( signed by Judge Kevin T. Duffy ); Copies mailed (also docketed in 91 Civ. 4365 KTD) (kg) (Entered: 09/30/1992)

PACER
40 Sept. 28, 1992

ORDER, that no stay pedning appeal will be granted. (also docketed in 91 Civ.4365) ( signed by Judge Kevin T. Duffy ); Copies mailed (kg) (Entered: 09/30/1992)

PACER
Sept. 28, 1992

Case closed. (kg) (Entered: 09/30/1992)

PACER
41 Oct. 6, 1992

NOTICE OF APPEAL by Port Auth Police Ben ; from part of the consent decree dtd: 9/25/92 . Copies of notice of appeal mailed to Attorney(s) of Record: Joseph Lesser; Eric Schnapper; Lowell Johnston; Milton Pachter; H. Gary Zaslov; Jack Murphy; Mark Isenberg. . (jf) (Entered: 10/07/1992)

PACER
Oct. 7, 1992

Notice of appeal and certified copy of docket to USCA: [41−1] appeal by Port Auth Police Ben ; Copy of notice of appeal sent to District Judge. (jf) (Entered: 10/07/1992)

PACER
42 Oct. 14, 1992

MANDATE OF USCA NOTICE OF MOTION AID OF IMPLEMENTATION OF DISTRICT COURT ORDER APPROVING CONSENT DECREE (certified copy) Re: it is hereby ordered that a temporary stay is granted pending hearing of this motion before a panel of this Court at 10:00am, Tuesday, 10/13/92. EOD:10/15/92. SO ORDERED ELAINE B. GOLDSMITH. (kg) (Entered: 10/15/1992)

PACER
43 Oct. 22, 1992

MANDATE OF USCA (certified copy) Re: [41−1] appeal by Port Auth Police Ben, that it is hereby ordered that the motion be and hereby is denied. EOD:10/23/92. SO ORDERED ELAINE B. GOLDSMITH. (kg) (Entered: 10/23/1992)

PACER
44 Jan. 29, 1993

ANSWER by Port Auth Police Ben (Attorney Michael C. Axelrod) to amended complaint ; by attorney Michael C. Axelrod for defendant Port Auth Police Ben. (kg) (Entered: 01/29/1993)

PACER
45 Jan. 29, 1993

Notice that the original record on appeal has been certified and transmitted to the U.S. Court of Appeals: (kg) (Entered: 02/02/1993)

PACER
46 Aug. 3, 1993

MANDATE OF USCA (certified copy) Re: the appeal from the order is dismissed in part, remanded in part and reversed in part in accordance with the opinion of the court...CLERK, U.S.C.A. 2nd cir...copy to Judge. (gb) (Entered: 08/03/1993)

PACER
47 Oct. 13, 1993

Statement of costs taxed in the amount of $871.00 in favor of Appellee, Port Authority of New York &New Jersey docketed as a judgment #93,2324 on 10/14/93. EOD:10/15/93. SO ORDERED ELAINE B. GOLDSMITH. (kg) (Entered: 10/15/1993)

PACER
48 Dec. 7, 1993

MEMORANDUM OF LAW by Port Authority of NY and NJ in opposition to the motion seeking clarification of the order regarding seniority filed by the Sergent's Benevolent Association. (ND: 12/7/93 at 6:22P) (kg) (Entered: 12/08/1993)

PACER
49 Dec. 7, 1993

AFFIDAVIT of Bernhard F. Meyer by Port Authority of NY and NJ. (kg) (Entered: 12/08/1993)

PACER
49 Dec. 7, 1993

AFFIDAVIT of Gerald R. Drasheff by Port Authority of NY and NJ. (kg) (Entered: 12/08/1993)

PACER
50 Dec. 7, 1993

RESPONSE by Plaintiffs to Motion for Clarification of the Order Regarding Retroactive Seniority. (ND: 12/7/93 at 5:37P) (kg) Modified on 12/08/1993 (Entered: 12/08/1993)

PACER
51 Dec. 16, 1993

Affidavit of service of affidavits in opposition with exhibits and memorandum of law upon Marc N. Isenberg by mail on 12/14/93. (kg) (Entered: 12/20/1993)

PACER
52 Jan. 4, 1994

ORDER withdrawing [29−1] motion to implement consent decree. ( signed by Judge Kevin T. Duffy ); Copies mailed (kg) (Entered: 01/04/1994)

PACER

Case Details

State / Territory:

New York

Case Type(s):

Equal Employment

Key Dates

Filing Date: Feb. 22, 1988

Closing Date: Jan. 4, 1994

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Waisome, McMillian, Keith, Bethea, Ellsworth Corum, Jr., King, and Upshur are black officers who took the 1986-87 promotional examination representing themselves and other black officers similarly situated

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NAACP Legal Defense Fund

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City

Port Authority of New York and New Jersey

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Other Dockets:

Southern District of New York 1:88-cv-01234

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Promotion

Retroactive Seniority

Amount Defendant Pays: $258,000

Issues

Discrimination Area:

Disparate Impact

Promotion

Seniority

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

Affected Sex/Gender(s):

Male

Recommended Citation