Last week, in Part I of an expose on Bridgeport Guardians v. Delmonte (Law Tribune, Feb. 20, 2012), I introduced readers to a poster case for the shenanigans and machinations that can occur in a federal court race case when no one is looking. In follow-ups, I will show what happens when someone starts looking and dares to object, but is shooed away by the judge, whose questionable orders issue with the blessing of colluding parties.
As I stated, this 1978 disparate treatment case brought by three black police officers resulted in a narrowly tailored remedial order by the late Judge T.F. Gilroy Daly after a short bench trial. Appropriately limited to the claims brought and findings made, it required even-handed patrol assignments, rotation of officers in specialized units, and oversight of disciplinary actions to ensure black officers were not punished more harshly than whites for like misconduct.
