06-25-2018  4:32 am      •     
The Skanner Report
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NEWS BRIEFS

AG Rosenblum Seeks Info from Oregonians

Oregon Attorney General seeks information on children separated from families at border ...

Community Forum: How Does Law Enforcement Interact With Vulnerable Populations?

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MRG Foundation Announces Spring 2018 Grantees

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Teen uses sign language to help blind and deaf man on flight

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18-year-old driver dies after colliding with log truck

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New Mexico residents to testify on atomic bomb fallout

ALBUQUERQUE, N.M. (AP) — Residents of a New Mexico Hispanic village near the site of the world's first atomic bomb test say they were long ignored about the lingering health effects and were expected to share their stories with Congress.The Tularosa Basin Downwinders Consortium plans to...

Small plane hits car after missing runway near Snohomish

SNOHOMISH, Wash. (AP) — A small plane hit a car after overshooting the runway at an airfield near Snohomish.The Seattle Times reports that three people, including a child, were in a single-engine plane when it was approaching the Harvey Air Field on Saturday.Lt. Rick Hawkins of the Snohomish...

OPINION

How Washington’s 'School Achievement Index' Became School Spending Index

New assessment categorizes schools not by quality of education, but level of funding officials believe they should receive ...

Black Mamas Are Dying. We Can Stop It.

Congresswoman Robin Kelly plans to improve access to culturally-competent care with the MOMMA Act ...

Hey, Elected Officials: No More Chicken Dinners...We Need Policy

Jeffrey Boney says many elected officials who visit the Black community only during the election season get a pass for doing nothing ...

Juneteenth: Freedom's Promise Still Denied

Juneteenth is a celebration of the de facto end of slavery, but the proliferation of incarceration keeps liberation unfulfilled ...

AFRICAN AMERICANS IN THE NEWS

Photographer David Goldblatt, who chronicled apartheid, dies

JOHANNESBURG (AP) — David Goldblatt, a South African photographer who for decades chronicled the harsh fallout of white minority rule in his country, has died at the age of 87.The Johannesburg-based Goodman Gallery says he died "peacefully" at his home in the city early Monday.The gallery...

Anita Baker, H.E.R., Meek Mill shine at BET Awards

The 2018 BET Awards barely handed out any trophies with big stars like Cardi B, Drake and Kendrick Lamar absent, but the show included superior performances by rising singer H.E.R., rapper Meek Mill and gospel artist Yolanda Adams, who paid tribute to Anita Baker and nearly brought her to...

Ben & Jerry's factory display honors civil rights campaign

WATERBURY, Vt. (AP) — Ice cream maker Ben & Jerry's has unveiled a new display at its Vermont factory dedicated to civil rights.MyChamplainValley.com reports the display revealed at the Waterbury factory Friday honors Martin Luther King Jr.'s 1968 Poor People's Campaign.The display was...

ENTERTAINMENT

The Latest: Prosecutors cancel Stormy Daniels meeting

The Latest on the investigation into the business interests of Trump's longtime personal attorney, Michael Cohen (all times local):8:30 p.m.Stormy Daniels' lawyer says the porn actress' meeting with federal prosecutors in New York who are investigating President Donald Trump's longtime lawyer has...

Complete list of winners at Sunday night's 2018 BET Awards

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US prosecutors cancel Stormy Daniels meeting in Cohen probe

Porn actress Stormy Daniels was scheduled to meet with federal prosecutors in New York on Monday as part of their investigation into President Donald Trump's longtime personal attorney, but the meeting was abruptly cancelled late Sunday after it was reported by news organizations, her attorney...

U.S. & WORLD NEWS

Anita Baker, H.E.R., Meek Mill shine at BET Awards

The 2018 BET Awards barely handed out any trophies with big stars like Cardi B, Drake and Kendrick Lamar absent,...

US prosecutors cancel Stormy Daniels meeting in Cohen probe

Porn actress Stormy Daniels was scheduled to meet with federal prosecutors in New York on Monday as part of their...

College sports doctors under new scrutiny amid scandals

Allegations of sexual abuse carried out over decades by team physicians at Michigan State and Ohio State are...

Koreas discuss removing North's artillery from tense border

SEOUL, South Korea (AP) — The rival Koreas are discussing the possible relocation of North Korea's...

The Latest: Spain: Over 1,000 rescued at sea in last 3 days

BRUSSELS (AP) — The Latest on the flow of migrants into Europe (all times local):12:10 p.m.Spanish...

Thai officials believe 12 boys missing in cave are alive

MAE SAI, Thailand (AP) — Multiple attempts to locate 12 boys and their soccer coach missing in a flooded...

Larry Neumeister Associated Press

NEW YORK (AP) -- A federal appeals court on Monday revived a lawsuit brought by a black Connecticut firefighter over a 2003 exam that led to the promotions of more than a dozen white firefighters ahead of him.

The decision of the 2nd U.S. Circuit Court of Appeals in Manhattan raised new questions about the impact of a Supreme Court ruling in favor of a discrimination lawsuit brought by 18 mainly white firefighters seeking promotions in New Haven, Conn., where white candidates outperformed minority candidates on the exam.

The 2nd U.S. Circuit said the lawsuit by firefighter Michael Briscoe was too hastily tossed out by a lower court judge who referred to the Supreme Court decision in Ricci v. DeStefano, a case brought in 2004.

The Supreme Court ordered New Haven to enforce the results of a 2003 exam that led to the promotions of 17 white firefighters and one Hispanic firefighter and the rejection of Briscoe's promotion quest. The Supreme Court said local governments can nullify the outcomes of such tests only if they can prove there is a "strong basis in evidence" that the tests were discriminatory.

The 2nd Circuit called the Supreme Court decision a "limited holding" and said its restoration of Briscoe's case was consistent with the Supreme Court's intent not to substantially change discrimination law with the Ricci case.

On the 2003 exam, no blacks scored high enough to be promoted to lieutenant or captain. New Haven had refused to certify the results because it said the exam was unfair to minority firefighters and it feared the outcome would lead to liability if the fairness of the results was challenged in court. The three-judge panel of the 2nd Circuit said it was unusual that the Supreme Court did not return the New Haven case to the lower court so the city could see if it had the evidence to prove there was a "strong basis" to show the test was discriminatory.

Briscoe's lawsuit maintained he would have been promoted to lieutenant if the exam followed the industry norm and calculated the results with 30 percent based on answers to written questions and 70 percent based on oral answers, rather than the 60 percent written and 40 percent oral test that New Haven used. His lawyer, David Rosen, said the 39-year-old Briscoe scored the highest among 70 firefighters on the oral portion of the test but did not do well on the written exam.

Rosen predicted that the restoration of Briscoe's lawsuit clarifies that the long-term impact of the Supreme Court ruling in Ricci v. DeStefano is limited.

"Some people feared and others hoped that the Ricci case meant that no matter how arbitrary a test was it couldn't be challenged in court on discrimination grounds. This case helps confirm that tests that arbitrarily exclude any group be it based on sex, race, national origin or other categories is illegal," Rosen said. "The only reason he wasn't promoted was that the city arbitrarily decided that the written test should count for more than the oral test."

Victor A. Bolden, corporation counsel for the city of New Haven, said the Supreme Court ruling left no room for Briscoe's lawsuit.

"An examination is either valid or invalid," he said. "Either it is a legitimate tool for promotion to a position or it is not a legitimate tool to determine who should be promoted. It, however, cannot be both. The Supreme Court ordered the city to promote consistent with the examination's results. These court-sanctioned promotions are lawful and the exam results used in making them must be considered legitimate as well."

Rosen said his client is not looking to replace any firefighters who were already promoted.

The appeals court said New Haven could have prevented Briscoe's lawsuit if it had added all test takers to the Ricci lawsuit before a lower court judge ruled in the case. The 2nd Circuit noted that the Ricci lawsuit was settled on July 27 and that Briscoe had repeatedly asserted that he wants an outcome consistent with the Supreme Court's findings. It also said the Briscoe lawsuit could still be dismissed on various grounds, including if the statutes of limitations had passed.

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