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Culver v. City of Milwaukee

Class action was subject to decertification where class representative's claim was moot and purported plaintiffs fell into two mutually-distinct classes, namely white males denied an opportunity to apply for jobs as police officers, and white males who were allowed to apply but whose applications were subjected to allegedly-discriminatory review.

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The full case caption appears at the end of this opinion.

Posner, Circuit Judge. A class action suit was brought on behalf of white males who claimed to have been discriminated against in hiring by the Milwaukee police department. The district court granted the defendants’ motion to decertify the class and having done so dismissed the suit because the class representative’s own claim was conceded to be moot. A properly certified class action survives the mootness of the original representative’s claims, but an individual action must be dismissed in identical circumstances, Nelson v. Murphy, 44 F.3d 497, 500 (7th Cir. 1995); Lusardi v. Xerox Corp., 975 F.2d 964, 974-75 (3d Cir. 1992), and this suit became an individual action when the class was decertified. The would-be class representative has standing to appeal, however, United States Parole Commission v. Geraghty, 445 U.S. 388, 404 (1980), as otherwise the defendant in a class action suit could delay appeals indefinitely by buying off successive class representatives. Cf. Parks v. Pavkovic, 753 F.2d 1397, 1403 (7th Cir. 1985); Susman v. Lincoln American Corp., 587 F.2d 866, 870 (7th Cir. 1978); Zeidman v. J. Ray McDermott & Co., 651 F.2d 1030, 1051 (5th Cir. 1981).

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