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KIRKLAND v. N. Y. STATE DEPT. OF CORRECTIONAL SERV.

No. 73 Civ. 1548(MEL).

524 F.Supp. 1214 (1981)

Edward L. KIRKLAND, et al., Plaintiffs, v. The NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, et al., Defendants, and Albert Ribiero and Henry L. Coons, Intervenors-Defendants, and Dennis Fitzpatrick, et al., Intervenors-Defendants.

United States District Court, S. D. New York.

October 29, 1981.

Attorney(s) appearing for the Case

Jack Greenberg, Charles Stephen Ralston, O. Peter Sherwood, Judith Reed, New York City, for plaintiffs.

Robert Abrams, Atty. Gen. of the State of N. Y., New York City, for defendants; Judith Gordon, Asst. Atty. Gen., New York City, of counsel.

Rowley & Forrest, Albany, N. Y., for intervenors-defendants; Richard R. Rowley, Albany, N. Y., of counsel.

LASKER, District Judge.

I.

Plaintiffs in this action successfully challenged the legality of Civil Service examination 34-944, utilized by the New York State Department of Correction for promotions to the position of Correction Sergeant, on the ground that it discriminated against black and Hispanic candidates in violation of the Fourteenth Amendment to the Constitution of the United States and 42 U.S.C. §§ 1981 and 1983. On April 1, 1974, after...

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