From the New York Times:
A federal appeals court in New York has revived a lawsuit brought by a black Connecticut firefighter who claims he unjustly lost a promotion in a 2003 exam that became the subject of a ruling by the United States Supreme Court.
The appeals court, the United States Court of Appeals for the Second Circuit, has sent the case back to a lower-court judge.
That judge initially dismissed it, apparently believing that the Supreme Court ruling had prevented the firefighter, Michael Briscoe, from suing. The appeals court disagreed. In the earlier case, 17 white firefighters and one Hispanic firefighter sued the City of New Haven. The city had failed to certify results of an exam in which white candidates outperformed minority candidates. The results were certified after the Supreme Court ruled.
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