City nets free legal work in firefighters’ suit

By William Kaempffer, Register Staff
Published: Monday, September 8, 2008 6:27 AM EDT

NEW HAVEN — A mega-law firm with extensive experience before the U.S. Supreme Court has agreed to represent the city for free in a reverse discrimination lawsuit by 20 city firefighters.

The Boston-based firm WilmerHale has more than 1,000 lawyers in 11 cities on three continents, according to its Web site.

While the country’s highest court has not yet indicated whether it will accept the case — it agrees to hear a minute fraction of petitions — recent correspondence signals an interest. The Supreme Court requested a legal brief from the city’s attorney in response to the petition from the firefighters’ lawyer, New Haven-based Karen Torre, asking the court to accept the case. The city’s rebuttal brief is due at the end of this month.

“I think that this indicates that there’s some level of interest in the court to understand the issues at play,” said New Haven Corporation Counsel John Ward. The decision on whether the court will accept the case could happen as soon as next month.

Torre declined comment other than to confirm she also received a copy of the letter from the court.

Should the court accept the case, it would put New Haven’s promotional practices, and in the process 19 white firefighters and one Hispanic firefighter, in the national spotlight and pose a question that could have ripple effects across the nation: Can a municipality disregard results of a civil service exam, crafted to be race-neutral, on the grounds that the exam yielded too many qualified applicants of one race and not enough of the other.

In New Haven, the firefighters sued in 2004 arguing civil rights claims when two promotional exams were thrown out because few minorities scored high enough to get promoted. The city argued the exams had a disparate impact and approving it would open up the city to employment discrimination lawsuits from minority firefighters under Title VII of Civil Rights Act of 1964.

The lawsuit countered that race-based politics scuttled the exams, and that in doing so, the city instead violated the civil rights of the white firefighters who would have otherwise been promoted.

Cheshire-based lawyer Richard Roberts represented the city, and in district court won dismissal at summary judgment. Earlier this year, a three-judge panel for the 2nd U.S. Circuit Court of Appeals upheld the decision, although the action caused a rift among some other appellate judges who believed the case warranted more judicial scrutiny than it received and urged the Supreme Court to consider it.

Torre is asking the Supreme Court to overturn the district judge’s dismissal and reinstate the case.

WilmerHale attorneys would write the Supreme Court brief and represent the city if the court were to accept the case. Robert’s law firm will continue to represent the individual defendants named in the suit.

Why would a law firm like WilmerHale represent the city for free?

“Because it’s the Supreme Court. Obviously, a lot of big law firms like to be involved in big cases that have some national bearing, and this one could I guess,” Ward said.

Through a spokeswoman, the lead attorney in the case from WilmerHale declined comment.

WilmerHale is a prominent firm, described by the Boston Globe as one of the largest and most respected in the city. It has a history of pro bono work and high profile cases.

The team of lawyers from the firm represented, for free, before the Supreme Court, six Algerian terror suspects held without charge at Guantanamo Bay.

Lawyers from the firm also have represented serial killer Ted Bundy and President Richard Nixon during impeachment.

Because of the controversy and litigation, the city has not conducted promotional exams at the ranks of fire lieutenant and captain since the last ones were scuttled in 2004.

http://newhavenregister.com/articles/2008/09/08/news/new_haven/a1_mon_supremecourt.txt#story_comments

Comments

The following are comments from the readers. In no way do they represent the view of nhregister.com.

Natewrote on Sep 8, 2008 6:25 AM:" Go figure that the city would be represented by a firm who famous for representing politicians that lie, terrorists and murderers. The city with its deplorable actions of scuttling the exams are in fitting company! "

Brianwrote on Sep 8, 2008 9:15 AM:" I hope the supreme court rules in favor of the white firefighters. Maybe we can do away with affirmative action and give jobs and promotions to people who really deserve it........the ones qualified for the job! "

Teacherwrote on Sep 8, 2008 10:21 AM:" It's totally unjust when people who qualify for the job have to deal with those who do not qualify irregardless of race. If as a youngster you didn't like school or you quit school, this job should NOT be yours and it should NOT be handed to you! Go back to school,"learn and earn!" What's wrong with this mayor, with the judges and the court system?! A Civil Service Exam was given to find those who qualified. It should have ended there! "

Michaelwrote on Sep 8, 2008 10:26 AM:" At 3 AM, when my house is on fire- or a relative is dying, I simply want the smartest people coming to our aid. It should not matter if they are black, white, or purple- they just need to be smart enough to save me. Personally, I want the people who scored the highest on their civil service exams! "

Johnwrote on Sep 8, 2008 1:53 PM:" Thats what happens when politics come into play and the chief has no backbone. He never stuck up for what he knew was right and cowered to appease the minorities. He has no control over his department. Maybe he should be pulled in for discipline for showing up to fire scenes intoxicated. "

Johnwrote on Sep 8, 2008 3:03 PM:" Good luck to the New Haven 20!!!!! "

Michaelwrote on Sep 8, 2008 4:43 PM:" If the test is unfair how can we tell if all studied the same. If there is a next test then it should be administered with applicants signing affadavids that 1 they did study 2 the amount of time spent 3. out of department training 4. in department training 5. college degrees 6. current certifications and any other qualifications that the human resource department fells approiate.
Just think I don't open a book and get promoted damn I'm in the wrong fire department. Every Firefighter in Connecticut has the chance to attend outside classes both at the Fire Academy or thru the COllege system. I know when I got my curent promotion I studie and studies and my family suffered because I was in the books. But I am better today because of the time I spent studying both on and off duty. "

Leather Helmet Proudwrote on Sep 8, 2008 6:21 PM:" The bottom line is the city denied the new haven 20 thier promtions because of thier race and because the were of no political use to John Destefano.

The fact that the new haven 20 were the most qualified for the job, and the test proved it was never even a consideration of the administration. In the mean time overtime is skyrocketing, and positions are being filled in some cases with those who actually failed the exams.

The company that administered the exmas was to reputable to play new haven's dirty political games. The written tests were accurate and valid. The oral panels were fair and balanced and not stacked with like minded radicals like they have in the past and the results were a fair list. The cream of the crop rose to the top.

That could not be allowed by the gubenatorial wanna-be.

I am sure if he could he would see clarence darrow resurrected.

God bless the new haven 20. Everyone I know is praying thier case is heard at the United States Supreme Court. Maybe they could put an end to race preference, quotas and the like for the rest of us hard-working americans. "

help them get justicewrote on Sep 8, 2008 7:11 PM:" please visit www.newhaven20.com "

JJwrote on Sep 8, 2008 8:29 PM:" When you go to college and fail a test, nobody checks what color your skin is; they expect you to study and do your best regardless. If you failed, you failed! There's no going back because you realize you should have studied more. The same should be true of NHFD test and civil servants tests in general.

If the city thought the test was biased, they shouldn't have administered it! Deciding to throw it out after the fact proves their issue wasn't the test but the fact that it didn't achieve the results certain people wanted. What about the 20 firefighter who studied hard and applied themselves to this task because they care to be the best and have PROVEN that they are indeed talented and should be the ones saving our lives? For 3 years now they've been sitting and waiting for the city to do the right thing! But to no avail...

Shame on the city of New Haven. You've taken 10 steps back towards making the city a better, safer place to live. "

Jimwrote on Sep 8, 2008 8:39 PM:" When your life is on the line second best may not be good enough. Good Luck with the SC! "

Bryanwrote on Sep 8, 2008 9:11 PM:" It is trully amazing that after all the money squandered by the Destefano administration in regards to all of the promotional testing, a liberal drum beating law firm would swoop in and offer pro-bono services to a municipality. All the while, the "New Haven 20" are forced to pay an attorney to fight for what is righfully theirs. Maybe this law firm should look at the facts of the case and pay the 20s bills. They are the ones who have been wronged. Hopefully the Supreme Court takes the case and finally makes the City of New Haven do what is right.. NOT what amounts to pandering for votes.. "

Geoffwrote on Sep 8, 2008 11:41 PM:" I think that it is a crock that these guys didn't get their promotions on the Lt. exam because of a couple of guys that didn't believe that they needed to study for the exam. I think in this day and age it is time to do away with affirmative action and hire the people that are qualified for the job no matter what race or sex they happen to be. I think that it is irresponsible and deplorable of the city to punish these hard working and under-appreciated people that studied for the exam to cow tow to political pressure and an outdated philosophy. Good luck to the 20. I hope that you win your case and get what you earned. God Bless and thank you for your efforts. "