Attorney Andrew Fleming has submitted a brief to the 2nd circuit court of appeals in the Carroll vs Mount Vernon discrimination case. Carroll who was denied promotion because of protests from the Vulcan Society of Westchester. The 50 page brief states that the lower court simply turned their head to the recent decision from the US Supreme courts decision with the New Haven Firefighters. Many facts were not considered too include that the Vulcans very own atty withdrew the complaint submitted by both him and the Vulcans stopping the promotion.The Vulcans atty said that there was no merit to the complaint and advised the city atty of the same.The city atty stopped the promotions in fear of litagation from the Vulcans. The city has until jan 28,2011 to reply to the brief.