Winston NASH, Plaintiff-Appellant, v. the CONSOLIDATED CITY OF JACKSONVILLE, DUVAL COUNTY, FLORIDA, Etc., Defendant-Appellee

FAY, Circuit Judge,

concurring specially:

The majority bases its holding upon a conclusion that the trial judge applied the wrong legal test to the plaintiffs “disparate impact” claim. My reading of the trial judge’s ruling does not leave me with such an impression. I concur, however, because any reasonable doubt in this regard can and should be eliminated.