CHERRY v. MAYOR AND CITY COUNCIL OF BALTIMORE CITY

Nos. 13-1007, 13-1115, 13-1116.

762 F.3d 366 (2014)

Robert F. CHERRY, Jr.; Robert J. Sledgeski; John Lewandowski; Charles Williams, Individually and on behalf of all persons similarly situated; Baltimore City Fraternal Order of Police, Lodge #3, Inc.; Baltimore City Firefighters' IAFF, Local 734, on behalf of their members, Plaintiffs-Appellees, Baltimore Fire Officers Union, Local 964, International Association of Firefighters, Intervenor/Plaintiff-Appellee, v. MAYOR and CITY COUNCIL of BALTIMORE CITY, a municipal corporation, Defendant-Appellant, and Board of Trustees of the Fire and Police Employees' Retirement System of the City of Baltimore, a body politic and corporate; Edward J. Gallagher, in his capacity as Director, Department of Finance; Thomas P. Taneyhill, in his capacity as Executive Director, Fire and Police Employees' Retirement System of the City of Baltimore, Defendants. Robert F. Cherry, Jr.; Robert J. Sledgeski; John Lewandowski; Charles Williams, Individually and on behalf of all persons similarly situated; Baltimore City Fraternal Order of Police, Lodge # 3, Inc.; Baltimore City Firefighters' IAFF, Local 734, on behalf of their members, Plaintiffs, and Baltimore Fire Officers Union, Local 964, International Association of Firefighters, Intervenor/Plaintiff-Appellant, v. Mayor and City Council of Baltimore City, a municipal corporation, Defendant-Appellee, and Board of Trustees of the Fire and Police Employees' Retirement System of the City of Baltimore, a body politic and corporate; Edward J. Gallagher, in his capacity as Director, Department of Finance; Thomas P. Taneyhill, in his capacity as Executive Director, Fire and Police Employees' Retirement System of the City of Baltimore, Defendants. Robert F. Cherry, Jr.; Robert J. Sledgeski; John Lewandowski; Charles Williams, Individually and on behalf of all persons similarly situated; Baltimore City Fraternal Order of Police, Lodge # 3, Inc.; Baltimore City Firefighters' IAFF, Local 734, on behalf of their members, Plaintiffs-Appellants, and Baltimore Fire Officers Union, Local 964, International Association of Firefighters, Intervenor/Plaintiff, v. Mayor and City Council of Baltimore City, a municipal corporation, Defendant-Appellee, and Board of Trustees of the Fire and Police Employees' Retirement System of the City of Baltimore, a body politic and corporate; Edward J. Gallagher, in his capacity as Director, Department of Finance; Thomas P. Taneyhill, in his capacity as Executive Director, Fire and Police Employees' Retirement System of the City of Baltimore, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: August 6, 2014.


Attorney(s) appearing for the Case

ARGUED: James Patrick Ulwick , Kramon & Graham, P.A., Baltimore, Maryland, for Appellant/Cross-Appellee. Charles Owen Monk, II , Saul Ewing LLP, Baltimore, Maryland; Robert David Klausner , Klausner & Kaufman, PA, Plantation, Florida, for Appellees/Cross-Appellants. ON BRIEF: Kevin F. Arthur , Jean E. Lewis , Kramon & Graham, P.A., Baltimore, Maryland; George Nilson , Matthew W. Nayden , Baltimore City Law Department, Baltimore, Maryland, for Appellant/Cross-Appellee. Devin J. Doolan, Jr. , Geoffrey M. Gamble , Baltimore Maryland, Paul M. Heylman , Saul Ewing LLP, Washington, D.C., for Appellees/Cross-Appellants.

Affirmed in part, vacated in part, and remanded by published opinion. Judge KEENAN wrote the opinion, in which Chief Judge TRAXLER and Judge FLOYD joined.


BARBARA MILANO KEENAN, Circuit Judge:

In this appeal, we consider certain constitutional challenges related to a public pension plan sponsored by the City of Baltimore (the City). The plaintiffs are active and retired Baltimore police officers and firefighters who participate in the plan (the members), as well as the unions that represent them (together, the plaintiffs). The plaintiffs primarily challenge the City's decision...

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