In Ricci v. DeStefano, the U.S. Supreme Court ruled that the 19 white and one Hispanic plaintiffs had been wrongly denied promotions when the New Haven, Conn., Fire Department decided to reject the results of a promotional exam as being biased and then promote African-American firefighters instead.

The plaintiffs have all been promoted since the SCOTUS decision, and New Haven recently settled with them over lost wages and damages.

Now one of the black firefighters who took the 2003 promotional examination is suing because he claims he "unjustly lost a promotion."

The suit was initially thrown out as having been filed after the statute of limitations had lapsed and the Supreme Court had already "officially foreclosed" the issue.

This week, however, the 2nd U.S. Circuit Court of Appeals remanded the case back to the original judge to hear its merits and decide the issue.

A spokesman for the city, however, quickly said that the city of New Haven "has already made all of the required promotions" based onthe  Ricci v. DeStefano decision.