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justice4allpd · Member

IMPORTANT LAWSUIT!!!!

stiggityone · Guru

What is the basis of the lawsuit? Anyway, I'm assuming you took the 2011 exam as a backup right? I mean when this list was 2 years old and only at list # 300 , I'm sure you realized there was a good chance they weren't gonna get to your list # so you manned up and studied for the 2011 test so you had it as a backup? Right? No....no you didn't. See your the guy that put in a half ass effort studying and got 25-30 questions wrong on one of the most straightforward exams ever given. Now reality is setting in as the clock ticks away. Nothing but sour grapes.

wereinbacklog · Guru

Totally agree, the fact that you werent able to score a 79 on a straight forward promotional exam doesnt provide justifiable grounds for a lawsuit. I understand how frustrating it must be to see your name on a list and not get made but no one else to blame but yourselve. Good luck with your future endeavors.

Stanza · Senior Member

I guess there wasn't a lawsuit after all.

JRG · Member

NYPD231 · Senior Member

Ok random Internet person. I will email you and then give you $250. Where do I sign?

JudgeSmails · Member

Whoa fancy! Aol e-mail account!

HabidasheryAuto · Senior Member

this guy is a fraud, hes on exam x saying the lawsuit is in regards to the 2006 list expiring. so which is it guy? the 2011 or the 2006, either way your a cry baby

stiggityone · Guru

He's referring to the '06 test, for some reason he felt it necessary to post it on this forum

sgtmcvengeance · Veteran Member

Not much of a lawfirm.

ohnoes · Senior Member

I personally wouldn't hire a law firm specializing in medical malpractice to handle my lawsuit based in civil service and contract law.

unborn · Guru

You said "we have a strong case" on both the 06 and 11 topics on ExamX- so which are you, someone at the bottom of the 06 list, or someone who failed this test ? Or are you some shill for a personal injury law firm ? Throwing this 2011 test out at this point is meaningless. I don't think anyone wants to give up another 6-8 months of studying again.

-- Edited by unborn on Friday 23rd of March 2012 12:33:38 PM

NOWAYOUT · Veteran Member

stiggityone wrote:
What is the basis of the lawsuit? Anyway, I'm assuming you took the 2011 exam as a backup right? I mean when this list was 2 years old and only at list # 300 , I'm sure you realized there was a good chance they weren't gonna get to your list # so you manned up and studied for the 2011 test so you had it as a backup? Right? No....no you didn't. See your the guy that put in a half ass effort studying and got 25-30 questions wrong on one of the most straightforward exams ever given. Now reality is setting in as the clock ticks away. Nothing but sour grapes.

Are you serious ? Straight foward for you because all the classes go over the same topics that were given on previous tests, in class. The 06 test takers said the same thing about the 03 test. How much time do you people have on in this forum anyway?? I'm guessing not a whole lot. Also let me give you a little reality check. They over promoted the 03 list @ the end and had a 06 list of almost 1300 ready & waiting. YOU DON'T THINK THEY ARE GOING TO PROMOTE MORE FROM THE 06 LIST WITH ONLY 15O PEOPLE PASSING the 2011 test ??? Take some advice, go find something else to do, You'll be waiting a while !

-- Edited by NOWAYOUT on Friday 23rd of March 2012 02:12:39 PM

-- Edited by NOWAYOUT on Friday 23rd of March 2012 02:13:17 PM

-- Edited by NOWAYOUT on Friday 23rd of March 2012 02:14:43 PM

arimaas · Veteran Member

Garbage_Compactor_Robot_Jesus wrote:
stiggityone wrote:
He's referring to the '06 test, for some reason he felt it necessary to post it on this forum
No. He's referring to the '11 test. He, myself, and 1 other Sgt. filed the initial complaint. I wrote about this here the other day, but now I can't find the posts. We are inviting any people to join, the 2011 test was unfair and hard. There is no need to send money now. You can sign the complaint without sending money. We will likely need help if the Article 28 hearing goes well and a judge gives an injunction against the test. It costs nearly nothing to file a complaint and get a hearing. It costs a lot if a judge issues an injunction and we must fight the City. Sign-up! We fight for you too!

Unfortunately, feeling that the test was unfair and hard is not a valid cause of action (http://en.wikipedia.org/wiki/Cause_of_action).

On November 1, I started a post that said that any lawsuit would have to be based on a race issue, and a lot of people said they would be willing to sue, way before the scores came out. I further went on to say this wasn't a cut and dry case and it would cost a lot of money, and probably be a waste of time. Unless you can get this test thrown out on a 42 USC 1983 claim, I doubt you will succeed and the lawyer is just wasting your time and money (http://www.constitution.org/brief/forsythe_42-1983.htm). I also doubt you have a race based claim here, as we were all given the same study abilities (we all make the same salary, all have access to the same material, etc. etc.), so not really sure how you could say it was unfair to one race vs. another. If the lawyer is so sure he's going to win, ask him to take the case on a contingency basis, whereas you will only pay him if he wins, minus some kind of upfront retainer, instead of shelling out $25,000.

IMO, if you file a suit, all your doing is wasting your time and money, and pissing off your fellow co-workers. The City will file a motion do dismiss based on either an invalid cause of action, or that the test was not inherently flawed in some sort of Civil Rights violation way. Was the test F*ed up? Yes. Did it piss me off? Yes. Do I feel it wasn't fair? Yes. But if I went to sue every time something wasn't fair, I'd be in court 24/7/365.

This is just my opinion. And yes, I passed so I am biased. Feel free to do as you please, but I am just stating my 2¢. Take it for what it's worth.

-- Edited by arimaas on Friday 23rd of March 2012 02:11:04 PM

Garbage_Compactor_Robot_Jesus · Member

stiggityone wrote:
He's referring to the '06 test, for some reason he felt it necessary to post it on this forum

No. He's referring to the '11 test. He, myself, and 1 other Sgt. filed the initial complaint. I wrote about this here the other day, but now I can't find the posts. We are inviting any people to join, the 2011 test was unfair and hard. There is no need to send money now. You can sign the complaint without sending money. We will likely need help if the Article 28 hearing goes well and a judge gives an injunction against the test. It costs nearly nothing to file a complaint and get a hearing. It costs a lot if a judge issues an injunction and we must fight the City. Sign-up! We fight for you too!

18and1 · Senior Member

Garbage_Compactor_Robot_Jesus wrote:
stiggityone wrote:
He's referring to the '06 test, for some reason he felt it necessary to post it on this forum
No. He's referring to the '11 test. He, myself, and 1 other Sgt. filed the initial complaint. I wrote about this here the other day, but now I can't find the posts. We are inviting any people to join, the 2011 test was unfair and hard. There is no need to send money now. You can sign the complaint without sending money. We will likely need help if the Article 28 hearing goes well and a judge gives an injunction against the test. It costs nearly nothing to file a complaint and get a hearing. It costs a lot if a judge issues an injunction and we must fight the City. Sign-up! We fight for you too!

I wish you luck Jesus but I don't see it going anywhere

HB · Senior Member

justice4allpd wrote:
Many feel that the 2011 Lieutenant's test was unfair resulting in an extremely high failure rate. If you are interested in joining a lawsuit to have that test thrown out please join us in this legal action.

The law firm of Julien & Schelsinger, PC believes that we have a strong case. They were responsible for successfully filing an injunction against the 2002 Sergeant's Exam and they have agreed to represent us in this matter.

With that being said, we need as many people as possible to join this action.

The cost of this legal action requires that at least 100 or more participate in order to cover the cost of legal fees.

If we are able to gain the support of 100 or more the cost will be $250.00 per person.

The benefit to you joining this action is having this unfair test thrown out and having the city give another test. If the 2011 lieutenant's list is established in April 2012, you will have to wait another 4 years to take the test again.

If you are interested in taking part in this action we need a response to this email by March 27. Please E-mail me your full name and contact information tojustice4allpd@aol.com.You may choose to remain anonymous and still participate in this lawsuit. Share this information with anyone you know who took the 2011 Lieutenant's Exam.

Hey fool why don't u wait to see how many throw outs and doubles there are before going thru with this.... Unless u are one of MANY who totally bombed the test and are trying to fvck over the guys who are on the cusp off passing?!

HB · Senior Member

I know I for one don't wanna take this test over again. I'm thru studying. What the lawsuit should be geared towards is pressuring DCAS to do the right thing and throw out questions. If enough questions are thrown out there might not even be a basis for a lawsuit. I don't wanna have to take this test ever again unless I absolutely have to!

Abeyance · Senior Member

justice4allpd wrote:
Many feel that the 2011 Lieutenant's test was unfair resulting in an extremely high failure rate.

I don't care how you FEEL about this test. Feelings have nothing to do with it, and if you or anyone is basing their decision on feeling, they need to go get a pacifier.

A new test will be given, and it won't cost $250.

freaking nigerian internet scammers at it again.

NYPD231 · Senior Member

So you're saying the reason of "I didn't pass; therefore, the test was not fair" is not a valid cause of action? Interesting.

wereinbacklog · Guru

NOWAYOUT wrote:
stiggityone wrote:
What is the basis of the lawsuit? Anyway, I'm assuming you took the 2011 exam as a backup right? I mean when this list was 2 years old and only at list # 300 , I'm sure you realized there was a good chance they weren't gonna get to your list # so you manned up and studied for the 2011 test so you had it as a backup? Right? No....no you didn't. See your the guy that put in a half ass effort studying and got 25-30 questions wrong on one of the most straightforward exams ever given. Now reality is setting in as the clock ticks away. Nothing but sour grapes.
Are you serious ? Straight foward for you because all the classes go over the same topics that were given on previous tests, in class. The 06 test takers said the same thing about the 03 test. How much time do you people have on in this forum anyway?? I'm guessing not a whole lot. Also let me give you a little reality check. They over promoted the 03 list @ the end and had a 06 list of almost 1300 ready & waiting. YOU DON'T THINK THEY ARE GOING TO PROMOTE MORE FROM THE 06 LIST WITH ONLY 15O PEOPLE PASSING the 2011 test ??? Take some advice, go find something else to do, You'll be waiting a while !

-- Edited by NOWAYOUT on Friday 23rd of March 2012 02:12:39 PM

-- Edited by NOWAYOUT on Friday 23rd of March 2012 02:13:17 PM

-- Edited by NOWAYOUT on Friday 23rd of March 2012 02:14:43 PM

The reason to why they over promoted on the 2003 LT exam was due to a pending lawsuit initiated in part because of residency credits. That exam granted an extra 5 points to test takers that lived within NYC and justifiably so, many who lived outside the city intended to sue if they weren't promoted. The department over promoted by approximately 80 Lt's to avoid said lawsuit and therefore created a lack of vacancies to promote from the 2006 LT exam. Right now the department's intentions are to promote 42 Lts from 2006 test which will finish off that list. Current vacancies I believe are 12 with 26 on terminal.

NOWAYOUT · Veteran Member

There are alot of rumors swirling right now. There was alot of rumors why they over promoted on the 03 List also. If you've been on this job long enough you know anything can happen. We"ll soon find out.

gunz · Veteran Member

Cry babies make me sick. The test was multiple choice!!!!!!! It doesn't get any easier than that. Suing based on a test being hard and unfair????? I can't believe the stupidity of the sergeants on this job. I should have left many years ago when I had the chance. Because these idiots are too stupid and or lazy they couldn't pass a multiple choice test the people who earned the promotion should have to study again??? The guy who started this post is a dumb f.. The test isn't even graded yet. They don't know how many people passed because the tvb is still deciding. After throwouts and doubles the list will be a decent size. You cant sue based on a test being difficult. That law firm wants your money, you dumb f...

Garbage_Compactor_Robot_Jesus · Member

arimaas wrote:
Garbage_Compactor_Robot_Jesus wrote:
stiggityone wrote:
He's referring to the '06 test, for some reason he felt it necessary to post it on this forum
No. He's referring to the '11 test. He, myself, and 1 other Sgt. filed the initial complaint. I wrote about this here the other day, but now I can't find the posts. We are inviting any people to join, the 2011 test was unfair and hard. There is no need to send money now. You can sign the complaint without sending money. We will likely need help if the Article 28 hearing goes well and a judge gives an injunction against the test. It costs nearly nothing to file a complaint and get a hearing. It costs a lot if a judge issues an injunction and we must fight the City. Sign-up! We fight for you too!
Unfortunately, feeling that the test was unfair and hard is not a valid cause of action (http://en.wikipedia.org/wiki/Cause_of_action).
On November 1, I started a post that said that any lawsuit would have to be based on a race issue, and a lot of people said they would be willing to sue, way before the scores came out. I further went on to say this wasn't a cut and dry case and it would cost a lot of money, and probably be a waste of time. Unless you can get this test thrown out on a 42 USC 1983 claim, I doubt you will succeed and the lawyer is just wasting your time and money (http://www.constitution.org/brief/forsythe_42-1983.htm). I also doubt you have a race based claim here, as we were all given the same study abilities (we all make the same salary, all have access to the same material, etc. etc.), so not really sure how you could say it was unfair to one race vs. another. If the lawyer is so sure he's going to win, ask him to take the case on a contingency basis, whereas you will only pay him if he wins, minus some kind of upfront retainer, instead of shelling out $25,000.
IMO, if you file a suit, all your doing is wasting your time and money, and pissing off your fellow co-workers. The City will file a motion do dismiss based on either an invalid cause of action, or that the test was not inherently flawed in some sort of Civil Rights violation way. Was the test F*ed up? Yes. Did it piss me off? Yes. Do I feel it wasn't fair? Yes. But if I went to sue every time something wasn't fair, I'd be in court 24/7/365.
This is just my opinion. And yes, I passed so I am biased. Feel free to do as you please, but I am just stating my 2¢. Take it for what it's worth.

-- Edited by arimaas on Friday 23rd of March 2012 02:11:04 PM

The test was really definitely biased. I also felt it was anti-semetic on the in-basket part.

JudgeSmails · Member

Lol.

NOWAYOUT · Veteran Member

BRAT???? You are awfully quiet... Alot of things being said, this is no time to go M.I.A

stiggityone · Guru

NOWAYOUT wrote:
stiggityone wrote:
What is the basis of the lawsuit? Anyway, I'm assuming you took the 2011 exam as a backup right? I mean when this list was 2 years old and only at list # 300 , I'm sure you realized there was a good chance they weren't gonna get to your list # so you manned up and studied for the 2011 test so you had it as a backup? Right? No....no you didn't. See your the guy that put in a half ass effort studying and got 25-30 questions wrong on one of the most straightforward exams ever given. Now reality is setting in as the clock ticks away. Nothing but sour grapes.
Are you serious ? Straight foward for you because all the classes go over the same topics that were given on previous tests, in class. The 06 test takers said the same thing about the 03 test. How much time do you people have on in this forum anyway?? I'm guessing not a whole lot. Also let me give you a little reality check. They over promoted the 03 list @ the end and had a 06 list of almost 1300 ready & waiting. YOU DON'T THINK THEY ARE GOING TO PROMOTE MORE FROM THE 06 LIST WITH ONLY 15O PEOPLE PASSING the 2011 test ??? Take some advice, go find something else to do, You'll be waiting a while !

-- Edited by NOWAYOUT on Friday 23rd of March 2012 02:12:39 PM

-- Edited by NOWAYOUT on Friday 23rd of March 2012 02:13:17 PM

-- Edited by NOWAYOUT on Friday 23rd of March 2012 02:14:43 PM. nah junior, I'll be just fine. I'm sorry you didnthe get the job done the '06 test. Not my fault nor my problem. I saw the Key's rewrite of that test. There is no excuse for getting more than 20 questions wrong on that exam. April 9th it's over. Stop grasping at straws.

NOWAYOUT · Veteran Member

leaping lenny i'm getting the feeling you were the chubby kid that got picked on in school when you were little, now your talking like a tough guy hiding behind your keyboard.

-- Edited by NOWAYOUT on Saturday 24th of March 2012 06:16:36 PM

-- Edited by NOWAYOUT on Saturday 24th of March 2012 06:17:14 PM

NOWAYOUT · Veteran Member

OK lenny, stop taking it out on us we werent the ones that hung you by your underwear when you were little.

-- Edited by NOWAYOUT on Saturday 24th of March 2012 06:24:22 PM

NOWAYOUT · Veteran Member

stiggityone wrote:
It's Leaping Lanny Poffo first of all....and real intelligent thought provoking responses by the way. All of a sudden I'm not so shocked you bombed.

Sorry about the name mix up Poffo, I stopped watching Wrestling when I was 12. My Bad!!

-- Edited by NOWAYOUT on Saturday 24th of March 2012 08:53:12 PM

SISGT · Veteran Member

the 2011 exam was not unfair IT WAS DIFFIRENT. If you read the notice of examination it was all there you just had to read it and understand it. Instead you probably decided that since you paid for PRIVATE classes they will spoon feed you everything you need to know BUT OH MY SURPRISE the city did a funny... YOU have no case with this lawsuit. Stop waisting everyones time and giving false hope. just because they have a list doesn't mean everyone must be promoted city has the 1 in 3 rule on top of only promoting to fill the vacancies. I feel the 2011 Lt exam list will come out end of may beginning of June and the City couldnt care less about how you feel.

i have better places to spend my $250. Plus what are you gonna sue for? for the city to give another exam ??? get the ***** outta here i just spent 5 months studying i aint do that again. Or are you gonna sue to everyone who took the test to make the list ... GUESS WHAT they are only gonna promote the first 500-600 anyhow and thats how big the list is gonna be anyways. Or are you gonna sue for DCAS to come to your house to give you a lollipop and tuck you in at night to make you feel better

GET A LIFE summer is comming time to have gun

Gomery2898 · Veteran Member

So let me get this straight, you failed the 2003 exam, thought you would squeeze in on the 2006 exam and now that reality set in you want to f@#k the people who passed. The fact of the matter is that the test will never be thrown out. I know you're hoping to delay things just enough to get promoted, but unless they promote more Sgts before April 9th, it's not going to happen. You obviously want to be a Lt., so don't give us that bull about being happy at your current assignment. I know it must suck to be that close and not make it. I wish all of you had been made, but it's time to face reality; the time has elapsed, a new test was given and a new list will be out shortly.

stiggityone · Guru

Thank you! You read these boards and you really start thinking NYPD stands for New York Puzzy Department. So much crying. Sorry, but promotional exams aren't like Little League where everyone gets a trophy. Some people pass and get promoted, some don't. And enough of the argument of "I studied for 5 months....It's not fair! Waaaaahhh Waaaaahhh". That's great. Guess what, a lot of people study hard and don't pass. These tests are difficult. Wipe away your tears and stop grasping at straws.

stiggityone · Guru

It's Leaping Lanny Poffo first of all....and real intelligent thought provoking responses by the way. All of a sudden I'm not so shocked you bombed.

Teniente esperanza · Veteran Member

Garbage_Compactor_Robot_Jesus wrote:
arimaas wrote:
Garbage_Compactor_Robot_Jesus wrote:
stiggityone wrote:
p>

-- Edited by arimaas on Friday 23rd of March 2012 02:11:04 PM
The test was really definitely biased. I also felt it was anti-semetic on the in-basket part.

This is a point that I'm surprised isn't mentioned more. The 2011 Lt exam was not only anti-semetic but also ultra homophobic and against women's right to choose.

Tommy Salami · Senior Member

Teniente esperanza wrote:
Garbage_Compactor_Robot_Jesus wrote:
arimaas wrote:
Garbage_Compactor_Robot_Jesus wrote:
stiggityone wrote:
p>

-- Edited by arimaas on Friday 23rd of March 2012 02:11:04 PM
The test was really definitely biased. I also felt it was anti-semetic on the in-basket part.

This is a point that I'm surprised isn't mentioned more. The 2011 Lt exam was not only anti-semetic but also ultra homophobic and against women's right to choose.

bet a paycheck you wouldn't be saying that if you passed.

CaptsClerical · Member

Stiggity probably drives around all day watching wrestling videos on YouTube....grow up troll

Rudy · Senior Member

Pretty pretty please can someone delete this topic, be your best friend

nycop80 · Guru

lol, ill close it.