Wallace v. Chappell

661 F.2d 729 34 Fair Empl.Prac.Cas. 1840 Vernon WALLACE, Robert Lemons, Cornelius Hickey, James Richardson, and George Shannon, Plaintiffs-Appellants, v. Commander George C. CHAPPELL, Lieutenant Commander Kenneth Viafore, Lieutenant Clarence Schultz, Lieutenant Barron Bianco, Lieutenant Kenneth Jordan, EMC Richard McCannon, ICC David Lamser, and MSC Lumberto Papa, Defendants-Appellees. No. 79-3172. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 6, 1979. Submission Vacated Aug. 19, 1980. Ordered Resubmitted Feb. 2, 1981. Decided Nov. 2, 1981. John Murcko, Oakland, Cal., for plaintiffs-appellants. Ed Kolker, Asst. U. S. Atty., San Diego, Cal., for defendants-appellees. Appeal from the United States District Court for the Southern District of California. Before GOODWIN, HUG, and FLETCHER, Circuit Judges. FLETCHER, Circuit Judge: 1 This action was brought by several black Navy enlisted men claiming discrimination on the basis of race. The complaint alleged that plaintiffs' superior officers had assigned them the least desirable duties, excluded them from training programs, given them low performance evaluations, and punished them with unusual severity for…