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Sides to submit briefs in firefighter lawsuit

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By the Lincoln Journal Star

Friday, May 09, 2008 - 01:08:00 pm CDT

Attorneys in a civil lawsuit filed by a group of firefighters against the city of Lincoln over Deputy Chief Jeanne Pashalek’s promotion have been given a deadline to file written arguments on the city’s request to throw out the case.

In a meeting in chambers, Lancaster County District Judge Paul Merritt Jr. set a May 19 date for the city to turn in its brief. Two weeks later, the attorney for the plaintiffs, five Lincoln firefighters, is due to submit that side’s brief, according to court records.

The firefighters sued the city this year over Fire Chief Niles Ford’s promotion of Capt. Jeanne Pashalek to deputy chief in November.

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The plaintiffs, all of whom are male, said the promotion was not based on merit and violated their due process rights under the Nebraska constitution as well as city ordinances prohibiting unequal treatment based on gender.


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I dont understand wrote on May 9, 2008 1:27 pm:
" how a GROUP of firefighters can claim they ALL should have been promoted instead of Capt. Pashalek. Can someone comment if this is typical? I would think that to have merit you would need to prove that you were more qualified and were not promoted based soley upon being male vs. the female promoted. How can they prove that the GROUP should have been promoted? Wouldn't only ONE of the group have merit for this lawsuit. "

 and... wrote on May 9, 2008 2:15 pm:
" isn't it interesting that no women are involved in the lawsuit? I guess all the other female firemen thought they didn't deserve the job? "

 and.... wrote on May 9, 2008 3:44 pm:
" there were no other women considered, thus no female plaintiffs. Nice try. "

 AND..... wrote on May 9, 2008 3:58 pm:
" if there were no other women considered, then wouldn't all other women female firefighters have a lawsuit that they were NOT EVEN CONSIDERED. So, these male firefighters that are bringing suit were AT LEAST CONSIDERED.
Now, if one of these male firefighters is ALSO a minority AND Capt. Pashalek is white .... THEN here is a discrimanation suit we are all familiar with. OH WAIT - the fire chief isn't white - guess it can only be they were not promoted because they are male.
"

 TIM wrote on May 9, 2008 4:16 pm:
" the group isnt saying they were each overlooked but rather the person promoted in this case a woman was not as qualified as other candidate. qualifications include certification, prior ranks, years of experience ect. and are very quantified in the specifications for promotion. this was a case where the new chief was trying to make points with PC crowd and its going to backfire. "

 shocked wrote on May 9, 2008 4:23 pm:
" apparently the woman fire fighter was not seen as being sufficiently qualified to go to Super Saver in a city fire truck with all the "more qualified" guys, ergo their law suit. "

 Mark wrote on May 9, 2008 10:21 pm:
" Its blatant discrimination. Ever try for a federal job? Most have quotas now and they expect me to pay taxes when I get discriminated. I hope they win, in fact they will. "

 Andrea wrote on May 9, 2008 10:38 pm:
" This is really pitiful. Instead of fighting over it, go with the flow. The firefighters should be working together as a TEAM. Is this the only Capt. position that will ever be available? I highly doubt it! "

 Ray wrote on May 10, 2008 1:52 pm:
" She was promoted because she is a woman, nothing more and nothing less. If she had ranked Number One on the advancement than that would justify her promotion but, she ranked down the line behind several other more Qualified Candidates for promotion. Affirmative action does nothing except move UNQUALIFIED people ahead of QUALIFIED people. Extremely unfair. "

 Ray wrote on May 10, 2008 2:37 pm:
" The promotion was given Only Because She was a Woman, Others ranked higher in the interview and qualifications. The ones who ranked above her should have been the ones to be promoted. If she had been number one on the list than no problem, don't care if you are white, brown black, or purple, male or female, straight of gay. If you rank number one than thats what counts. Who is the best qualified for the job and promotion is the person who should get the job. She was not first nor even close, she got the promotion because she is a female. Exdtremely unfair and I hope that the firefighters bringing the lawsuit against the Chief and the City sue your socks off and that the person who should have had the job gets it. "

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