United States v. City of Hialeah

In United States v. City of Hialeah, 140 F.3d 968 (11th Cir.1998), a Title VII case, the Eleventh Circuit considered the appealability of an order declining to approve a consent decree requiring the city to take several affirmative steps to recruit black applicants for the fire and police departments. 140 F.3d at 972. At a fairness hearing, several police officers and unions representing both fire fighters and police officers objected. Id. Holding that certain terms of the negotiated agreement violated collective bargaining agreements, the district court refused to approve it. Id. at 972-73. The government appealed, and the Eleventh Circuit held that it had jurisdiction to entertain the appeal. Id. at 974. It explained: A close examination of the two Carson prerequisites and their application to Title VII cases leads us to conclude that.... whenever a district court refuses to enter a Title VII consent decree, the plaintiffs can immediately appeal that order under 28 U.S.C. 1292(a)(1) instead of waiting until after the district court has entered a final judgment in the case. Id.