Held: The Court of Appeals' judgment -- upholding the
District Court's orders enjoining the Boston Police and Fire
Departments from laying off policemen and firemen in a manner that
would reduce the percentage of minority officers below the level
obtaining at the commencement of the layoffs -- is vacated, and the
cases are remanded for consideration of mootness in light of
Massachusetts' intervening enactment of legislation relating to the
layoffs.
679 F.2d 965, vacated and remanded.
Page 461 U. S. 478
PER CURIAM.
In these cases, the United States Court of Appeals for the First
Circuit upheld the District Court's August 7, 1981, orders
enjoining the Boston Police and Fire Departments from laying off
policemen and firefighters in a manner that would reduce the
percentage of minority officers below the level obtaining at the
commencement of layoffs in July, 1981. 679 F.2d 965 (1982). These
orders had the effect of partially superseding the operation of the
State's statutory last-hired, first-fired scheme for civil service
layoffs, Mass.Gen.Laws Ann., ch. 31, § 39 (West 1979).
Following the Court of Appeals' decision, Massachusetts enacted
legislation providing the city of Boston with new revenues,
requiring reinstatement of all police and firefighters laid off
during the reductions in force,
Page 461 U. S. 479
securing these personnel against future layoffs for fiscal
reasons, and requiring the maintenance of minimum staffing levels
in the Police and Fire Departments through June 30, 1983.
See 1982 Mass. Acts, ch.190, § 25. In light of these
changed circumstances, we vacate the judgment of the Court of
Appeals and remand for consideration of mootness in light of 1982
Mass. Acts, ch.190, § 25.
It is so ordered.
JUSTICE MARSHALL took no part in the consideration or decision
of these cases.