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Appeals Court Reinstates New Haven Firefighter's Lawsuit

Michael Briscoe will have his day in court after a federal appeals court in New York revived a lawsuit brought by the black New Haven firefighter who claims he unjustly lost a promotion in a 2003 exam that became the subject of a U.S. Supreme Court ruling.

From the New Haven Register: Michael Briscoe will have his day in court after a federal appeals court in New York revived a lawsuit brought by the black New Haven firefighter who claims he unjustly lost a promotion in a 2003 exam that became the subject of a U.S. Supreme Court ruling.

The three-judge panel with 2nd U.S. Circuit Court of Appeals on Monday sent Briscoe’s case back to a lower court judge. Senior U.S. District Judge Charles Haight Jr. had dismissed the case in April 2010, apparently believing that the Supreme Court ruling had prevented Briscoe from suing.

Haight had ruled Briscoe waited too long to bring his legal challenge and, by the time he did in 2009, the U.S. Supreme Court already had “explicitly foreclosed” any action by ruling in favor of one Hispanic and 19 white firefighters who sued the city for discrimination in two promotional exams based on race. Read the entire article here.

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