Order Michigan Supreme Court
Lansing, Michigan
April 30, 2008 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
134328 Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
KENNETH SCIOTTI, Stephen J. Markman,
Plaintiff-Appellee, Justices
v SC: 134328
COA: 266160
Wayne CC: 03-327602-CD
36th DISTRICT COURT,
Defendant-Appellant,
and
CITY OF DETROIT,
Defendant.
_________________________________________/
On order of the Court, the application for leave to appeal the May 22, 2007
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
include among the issues to be briefed: (1) whether the plaintiff produced viable
statistical evidence of racial discrimination in support of each of his claims; (2) whether
the courts below erred in treating the plaintiff’s distinct claims of discrimination in
hiring/promotion as a single course of conduct; (3) whether and to what extent the
plaintiff and each successful applicant was qualified or not qualified for each distinct
position, and whether the evidence in each circumstance was sufficient to demonstrate
that, more likely than not, the failure to promote the plaintiff included an element of
purposeful racial discrimination; (4) whether the defendant provided a race-neutral reason
for each decision; and (5) whether there is a sufficient evidentiary basis to conclude that,
more likely than not, each decision was a pretext for racial discrimination.
The Michigan Association for Justice and Michigan Defense Trial Counsel, Inc.
are invited to file briefs amicus curiae. Other persons or groups interested in the
determination of the questions presented in this case may move the Court for permission
to file briefs amicus curiae.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
April 30, 2008 _________________________________________
d0423 Clerk