 There are nearly 7,000 African Americans in the plaintiff class.In 2005, Judge Gottschall ruled in favor of the plaintiffs, and found that the city's use of the 89 cutoff score on the test was discriminatory, on several counts.The plaintiffs alleged that the very high cutoff score of 89, as compared to the 65 cutoff score that had previously been stated, had a disparate impact to discriminate against African Americans, since 78% of candidates above the cutoff were white.