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

Ps, African-American males, first collectively filed suit against their employer, D and the Chief of Police Juan Rodriguez on November 16, 2001. Ps alleged race discrimination and retaliation under Title VII and violations of the First and Fourteenth Amendments under 42 U.S.C. § 1983. The claims were based on alleged conduct by Ds occurring between November 1998 and February 2001, during Appellants' employment at D as police officers. In February 2002, the district court dismissed the claims with prejudice. On June 26, 2002, Ps filed the current lawsuit against D alleging race discrimination, retaliation, and hostile work environment in violation of Title VII and 42 U.S.C. § 1981(a). The complaint was amended to include parallel claims against Chief Rodriguez under 42 U.S.C. § 1983 and 42 U.S.C. § 1988 for violations of the First and Fourteenth Amendments. The claims were predicated on various alleged incidents of discrimination and retaliation occurring between March 2001 and April 2002, including complaints that D had been wrongly excluded from the lieutenant promotion process between December 2001 and April 2002. The district court entered summary judgment in favor of Ds. The court held that Ps failed to present a genuine issue of material fact about whether their nonselection for lieutenant promotions was based on either race discrimination or retaliation. The remaining claims were precluded as res judicata by the judgment in the first suit. Ps appealed.

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