Jansen V. City Of Cincinnati

A class of black applicants and black employees of the Division of Fire of the City of Cincinnati ("proposed intervenors")*fn1 appeal from the district court's July 27, 1989 order denying their motion to intervene in this civil rights case. Plaintiffs Timothy Jansen, Daniel Geons, Robert Prasse, Evan Wood and Mark Monahan ("plaintiffs") cross-appeal from the above-referenced order. The proposed intervenors argue that because they have a significant interest in the litigation and their motion to intervene was timely, they should be permitted to intervene as a matter of right. See Fed.R.Civ.P. 24(a)(2). Plaintiffs argue that although the denial of the motion to intervene was proper, the district court also should have found that the disposition of the present action would not impair or impede the proposed intervenors' ability to protect their interest because the City of Cincinnati ("City") adequately protects such interest. For the reasons set forth below, we REVERSE the district court's denial of the motion to intervene.