In a 15-page decision Monday, a judge denied an attempt by New Haven firefighters to kick Judge Janet Bond Arterton off of the Ricci case.
Judge Peter C. Dorsey issued the ruling Monday in U.S. District Court. Click here to read it.
The ruling was the latest development in the “New Haven 20” reverse discrimination lawsuit against the city. The case, filed by Frank Ricci and 19 other city firefighters, is being hashed out in New Haven U.S. District Court after the U.S. Supreme Court ruled in favor of the plaintiffs last summer. Ricci and his colleagues have been promoted after claiming they were unfairly denied advancement because of their race; Judge Arterton is now determining the question of damages.
Dorsey was called in to look at the case after the plaintiffs’ attorney, Karen Torre, asked Judge Arterton to recuse herself, citing several areas of potential bias against her clients. Torre cited a wide range of potential conflicts of interest, ranging from Arterton’s extra-judicial comments on discrimination to her relationship with the New Haven Firebirds black firefighters association and with attorney David Rosen, who’s representing an intervenor in the case. Arterton maintained she has no reason for recusal. On March 12, she asked for a second judge’s opinion.
Dorsey was randomly assigned the case. His task was to determine whether a reasonable person familiar with the facts of the case would “reasonably question the judge’s impartiality.”
After concluding there was insufficient evidence “to raise any appearance of bias,” Dorsey denied Torre’s request to have Arterton booted from the case.
Victor Bolden, the city’s corporation counsel, welcomed Monday’s ruling.
“The City is gratified by today’s ruling,” he said in an emailed statement. “It allows the City to move forward and resolve the remaining aspects of the Ricci case without further delay.”
Torre could not be reached for comment Monday night.