BARCUME V. CITY OF FLINT 819 F.Supp. 631 (E.D. Mich 1993) CASE BRIEF

BARCUME V. CITY OF FLINT

819 F.Supp. 631 (E.D. Mich 1993)

NATURE OF THE CASE: This was a motion for summary judgment, on a sex discrimination lawsuit that was allegedly barred by the statute of limitations.

FACTS: This was a civil rights action filed by 13 female police officers for discriminatory hiring and promotion practices and a sexually hostile working environment within the Flint Police Department ('FPD'). There were thirteen separate plaintiffs alleging the discrimination. The original complaint was filed on January 30, 1984. Almost two years later, after extensive discovery had already taken place, plaintiffs moved the Court for leave to file a Second Amended Complaint. A hearing was held on June 23, 1986 and the Court granted plaintiffs' motion to file an amended complaint, provided that the amended pleading separated plaintiffs' claims regarding the constitutionality of defendant, City's, Affirmative Action Plan ('AAP') from those alleging 'traditional' or 'garden variety' discrimination on the basis of sex. They filed their amended complaint on February 26, 1987. The City (D) seeks summary judgment to dismiss or limit plaintiffs' claims based on the statute of limitations.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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