Officers for Justice v. Civil Service Commission

MEMORANDUM *

Officers for Justice and individual appellants (“OFJ”) appeal the district court’s interpretation of and denial of enforcement of two stipulations and orders entered into by OFJ and the City and County of San Francisco and city officials (“City”). We review de novo the district court’s interpretation of a consent decree. Nehmer v. U.S. Dep’t of Veterans Affairs, 494 F.3d 846, 855 (9th Cir.2007). We affirm. 1 Because the parties are familiar with the facts, we repeat them only as necessary to explain our decision.

In 1998, the parties entered into court-approved stipulations and orders, one of which stipulated to the procedures for appointments to the Q-35 Assistant Inspector rank (“Q-35 Order”) and the other which terminated in part and modified in part a long-standing consent decree (“Termination Order”). Pursuant to the Q35 Order, the City was obligated to make all appointments to the rank of Assistant Inspector from the corresponding Assistant Inspector eligibility list. In 2007, the City assigned investigative duties (duties generally performed by an Assistant Inspector) to those holding the rank of Sergeant. OFJ contends that the assignment of investigative…