Marilyn Johnson v. City of Memphis
444 F. App'x 856
6th Cir.2011Background
- Three consolidated actions challenge Memphis Police Department promotional processes (2000, 2001–02) under Title VII and 42 U.S.C. § 1983.
- District court held the 2000 process invalid in 2001–06 and later approved a 2002 process, proceeding with promotions in 2003.
- Plaintiffs asserted ongoing Title VII disparate impact and equal protection claims related to the 2002 process; separate plaintiffs sought relief in Billingsley and Johnson II.
- In 2006 the district court rejected most claims but held the 2002 sergeant test violated Title VII and ordered minority promotions to sergeant with back pay and seniority.
- Promotions to lieutenant for plaintiffs were deferred due to lack of sergeant experience; in 2007 a make-up lieutenant exam was held under a preliminary injunction.
- In 2010 the district court granted a preliminary injunction ordering immediate promotion of twenty-eight plaintiffs to lieutenant after passing the make-up exam.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of likelihood of success on merits | Johnson/Plfs argue likelihood of success supported by 2006 memo. | City waived by failing to raise the issue below. | Waived; no ruling on merits on appeal. |
| Irreparable injury without injunction | Plaintiffs would suffer irreparable harm from lost experience and promotion opportunities. | Injuries could be remedied by money damages. | District court did not abuse discretion; irreparable harm established. |
| Risk of substantial harm to others and public interest | Immediate promotions would not destabilize staffing; promotions align with prior staffing trends. | Promotions would under-staff certain ranks and threaten public safety. | No substantial harm; public interest served by injunction. |
Key Cases Cited
- Hunter v. Hamilton Cnty. Bd. of Elections, 635 F.3d 219 (6th Cir. 2011) (four-factor test for preliminary injunctions; abuse of discretion standard)
- Certified Restoration Dry Cleaning Network, L.L.C. v. Tenke Corp., 511 F.3d 535 (6th Cir. 2007) (abbreviated standard for reviewing injunctions; deference to district court)
- Abney v. Amgen, Inc., 443 F.3d 540 (6th Cir. 2006) (irreparable harm as actual and imminent; non-monetary damages)
- NAACP v. City of Mansfield, Ohio, 866 F.2d 162 (6th Cir. 1989) (promotion delays and irreparable injury principle)
- Basicomputer Corp. v. Scott, 973 F.2d 507 (6th Cir. 1992) (non-compensable losses; irreparable harm when damages hard to quantify)
- United States v. Walters, 638 F.2d 947 (6th Cir. 1981) (preservation of appellate rights via objections to magistrate judge)
- Cole v. Yukins, 7 F. App'x 354 (6th Cir. 2001) (specific objections required to preserve issues on appeal)