This section contains the nature of the case and procedural background.

Eighteen current and former Fulton County Sheriff's Department employees (Ps)individually and on behalf of all similarly situated white employees of the Sheriff's Department sued D and Sheriff Jacquelyn H. Barrett alleging that Ds maintained a 'policy or custom' of racial discrimination in employment decisions. Ps alleged that Ds engaged in a 'pattern or practice' of employment discrimination, and specifically that Ds intentionally discriminated on the basis of race with respect to discipline, promotions, transfers, reclassifications, promotional examinations, restorations of rank, and appointments to unclassified positions. Ps alleged violations of 42 U.S.C. § 1981, 42 U.S.C. § 1983, and 42 U.S.C. § 2000e et seq. After discovery, Ds moved to sever the individual claims of discrimination contending that the joint trial of these claims would confuse the jury and unfairly prejudice their defense. The district court rejected this motion. The jury awarded damages to fifteen of the eighteen Ps, and the district court entered judgment. The district court decertified the class after trial observing that because of the different types of discrimination claims alleged, Ps did not satisfy the commonality and typicality prerequisites of a class action. The court also expressed doubt as to whether the members of the class were really so numerous as to warrant class certification. In January 1997, the district court denied the Ds' motion for judgment as a matter of law and entered final judgment for Ps. Ds appealed in part claiming the court erred in joining all the claims.

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