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Damages Award Upheld in Favor of Under-promoted White Officers
The Fifth Circuit has affirmed a compensatory damages award of $434,279 to a group of white New Orleans police officers who were denied promotions because of their race, rejecting the parties' differing arguments as to the sufficiency of the award. Albright v. New Orleans, 2004 U.S. App. LEXIS 15123 (5th Cir. July 21).
In 2001, a federal trial court found that the City of New Orleans had denied Charles Albright III and 34 other white officers promotional opportunities, despite a city decree that African-Americans would be favored in the promotional process. Specifically, the trial judge found that the City had exceeded the requirements of the decree, thereby unfairly denying white officers promotions. The judge later awarded the officers a total of $434,279 in compensatory damages. Since there were fewer promotional opportunities than there were candidates, the judge determined the damages on a pro rata basis.
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