Sims v. Montgomery County Com'n, Civ. A. No. 3708-N

• Citation: 873 F. Supp. 585
• Decision Date: 29 December 1994
• Docket Number: Civ. A. No. 3708-N,82-T-717-N.
• Parties: Clara SIMS, et al., Plaintiffs, W.T. Scott, et al., Plaintiffs-Intervenors, v. MONTGOMERY COUNTY COMMISSION, et al., Defendants, Albert B. Dodson, et al., Defendants-Intervenors. Sallie WILLIAMS and Johnie Love, Plaintiffs, v. MONTGOMERY COUNTY SHERIFF'S DEPARTMENT, et al., Defendants, Albert B. DODSON, et al., Defendants-Intervenors.
• Court: U.S. District Court — Middle District of Alabama

873 F. Supp. 585

Clara SIMS, et al., Plaintiffs, W.T. Scott, et al., Plaintiffs-Intervenors, v. MONTGOMERY COUNTY COMMISSION, et al., Defendants, Albert B. Dodson, et al., Defendants-Intervenors.

Sallie WILLIAMS and Johnie Love, Plaintiffs, v. MONTGOMERY COUNTY SHERIFF'S DEPARTMENT, et al., Defendants, Albert B. DODSON, et al., Defendants-Intervenors.

Civ. A. No. 3708-N, 82-T-717-N.

United States District Court, M.D. Alabama, Northern Division.

December 29, 1994.

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Wayne Sabel, Montgomery, AL, for Williams/Love Class.

Rick Williams, David G. Flack, Montgomery, AL, for Dodson intervenors.

Thomas T. Gallion, III, Haskell, Slaughter, Young & Johnston, P.A., Montgomery, AL, for sole purpose of responding to M/add party defendants Montgomery Co. Com'n and David Stockman, etc.

Tyrone C. Means, Mark Englehart, Kenneth L. Thomas, Cynthia Clinton, Thomas, Means & Gillis, P.C., Montgomery, AL, for Montgomery County Com'n.

Delores Boyd, Montgomery, AL (Court-appointed), for named plaintiffs, named intervenors and Sims/Scott Classes.

Sylvester Hardy, pro se.

Alvah Reid, Sr., pro se.

Sally Williams, pro se.

MEMORANDUM OPINION

MYRON H. THOMPSON, Chief Judge.

These two longstanding lawsuits — in which the court previously found that the Montgomery County Sheriff's Department had discriminated against its African-American deputies and its female deputies and applicants — are before the court again, this time on a claim by a group of white male deputies that the department promoted black deputies instead of white deputies to the rank of "law enforcement sergeant" on the basis of race, in violation of federal law.¹ This group, known in this litigation as the "Dodson intervenors," has named the following as defendants: the Montgomery County Sheriff's Department; the Montgomery County Commission; the Montgomery City-County Personnel Board; the Montgomery County Commissioners in their official capacities; and Sheriff Dan Jones and Chief Deputy Calvin Huggins in their official capacities. The Dodson intervenors charge that the defendants violated the following: the fourteenth amendment to the United States Constitution as enforced through 42 U.S.C.A. § 1983; 42 U.S.C.A. § 1981; Title VI of the Civil Rights Act of 1964, as amended 42 U.S.C.A. §§ 2000d through 2000d-4; Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.A. §§ 2000e through 2000e-17; and the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C.A. §§ 3711-3797.² The Dodson intervenors have invoked the jurisdiction of the court based on 28 U.S.C.A. § 1343. The defendants have raised a number of defenses, including one that the promotion of the black deputies was required by a valid consent decree.

These two lawsuits are now before the court on motions for summary judgment filed by both the Dodson intervenors and the defendants.³ The Dodson intervenors have also moved for reconsideration of the denial of their motion to amend their complaint-in-intervention to include individual capacity claims against former Sheriff Mac Sim Butler and Chief Deputy Huggins.⁴ For the reasons set forth below, the Dodson intervenors' motions for summary judgment and motion to reconsider will be denied, and the defendants' motions for summary judgment will be granted.

I. BACKGROUND

A. Sims and Williams Litigation

This litigation represents the consolidation of two class action lawsuits: in one, initiated in 1972, a class of black employees sought relief from the Montgomery County Sheriff's Department's racially discriminatory employment practices, Sims v. Montgomery County Comm'n, civil action no. 3708-N (M.D.Ala.); and, in the other, filed ten years later, a class of female employees and applicants for employment charged the department with sex discrimination, Williams v. Montgomery County Sheriff's Dept., civil action no. 82-T-717-N (M.D.Ala.).⁵

In the Sims litigation in 1973, the court approved and entered a consent decree requiring that the Montgomery County Commission conduct "all hiring and personnel practices, programs and procedures on a non-discriminatory basis without regard to race, color, creed or national origin." Civil action no. 3708-N (M.D.Ala. March 22, 1973) (plan attached at 1, ¶ 1). The 1973 Sims decree further provides that, unless approved or "validated" under standards and procedures set out in the decree, a selection procedure can be used only if it did "not have a disproportionate detrimental impact upon minority applicants." Id. (plan attached at 6, ¶ 6).⁶ The decree provides that "validation" shall be based on a "study ... conducted, pursuant to the Equal Employment Opportunity Guidelines on Employee Selection Procedures, 35 Federal Register, pp. 12333-12336 (August 1, 1970), which shows that the tests Defendants desire to use accurately predict job performance, and that the education standards relate to the ability of the applicants to do the job." Id.

Fifteen years later, in 1988, four African-American officers, collectively called the "Scott intervenors," moved to intervene in the Sims litigation, charging that the Montgomery County Sheriff's Department was continuing to discriminate against black employees in violation of the 1973 Sims decree. The court certified a plaintiff-intervenor class of all "black persons who are past, current, and future employees of the Montgomery County Sheriff's Department." Civil action no. 3708-N (M.D.Ala. Nov. 2, 1988). As a result of this round of litigation, the court on November 27, 1990, entered a permanent injunction prohibiting the department from further racial discrimination and requiring the department to change its personnel procedures. Sims v. Montgomery County Comm'n, 766 F.Supp. 1052, 1102-03 (M.D.Ala.1990). In an accompanying judgment and injunction, the court required that the department fashion, by an established deadline, new, nondiscriminatory procedures for promotion of non-blacks and blacks. Civil action nos. 3708-N & 82-T-717-N (M.D.Ala. Nov. 27, 1990).

In the Williams litigation in 1983, the court certified a plaintiff class of "all past, present, and future female employees of the Montgomery County Sheriff's Department." Johnson v. Montgomery County Sheriff's Dept., 99 F.R.D. 562, 566 (M.D.Ala.1983). Two years later, in 1985, as a result of this litigation, the court approved and entered a consent decree prohibiting the department from discriminating against its female officers and requiring that it adopt new, nondiscriminatory policies with regard to promotions, transfers, and job and shift assignments. Johnson v. Montgomery County Sheriff's Dept., 604 F.Supp. 1346 (M.D.Ala. 1985). The department agreed to develop promotion procedures that conform with the "1978 Uniform Guidelines on Employee Selection Procedures, 29 CFR § 1607 et seq.," id. at 1354, and that "would have little or no adverse impact on women seeking to be ... promoted to ranking positions." Id. The 1985 decree provides that "Adverse impact will be measured by the `four fifths rule' set forth in § 4(D) of the Uniform Guidelines." Id. at 1355.

In 1986, the Williams class filed a request for additional relief. In a 1986 supplemental consent decree resolving the request, the department agreed to hire an independent professional consultant, mutually selected by the parties, to develop temporary and eventually permanent promotion procedures for all ranks as required by the 1985 decree. Civil action no. 82-T-717-N, at 5 (M.D.Ala. July 24, 1986). In 1988, the Williams class charged that the department was continuing to discriminate against women. As a result of this round of litigation, the court on November 27, 1990, found that the department had discriminated and retaliated against female employees, and entered a permanent injunction prohibiting the department and its officers from engaging in further sexual discrimination and retaliation, and requiring the department to take affirmative and immediate steps to address sexual harassment and discrimination within the department. Sims, 766 F.Supp. at 1079-80. In an accompanying judgment and injunction, the court also required that the department fashion, by an established deadline, new, nondiscriminatory procedures for promotion of men and women. Civil action nos. 3708-N & 82-T-717-N (M.D.Ala. Nov. 27, 1990).

In 1990, the court permitted a group of white male deputies, collectively called the "Dodson intervenors," to intervene in this litigation. Civil action nos. 3708-N & 82-T-717-N (M.D.Ala. Nov. 27, 1990). In 1992, the court certified the Dodson intervenors as a class for the purpose of challenging promotion procedures within the department. Id. (May 18, 1992).⁷

In 1992, as required by the court in its judgment and injunction entered on November 27, 1990, the department submitted new, nondiscriminatory interim promotion procedures, and these procedures were approved by the court. Civil action nos. 3708-N & 82-T-717-N (M.D.Ala. Jan. 13, 1992). In 1994, the department submitted new, nondiscriminatory permanent promotion procedures, and these procedures were approved by the court. Id. (M.D.Ala. Dec. 7, 1994).

B. Challenge to the 1988 Promotions

The Montgomery County Sheriff's Department is split into two divisions: "law enforcement" and "corrections." The corrections division is responsible for the operation of the Montgomery County Detention Center, also known as the county jail; the law enforcement division is also known as the field division. At issue in the current phase of this litigation are the 1988 promotions to sergeant in the law enforcement division. In August 1986, as required by the 1986 supplemental consent decree in Williams, the Montgomery County Commission hired the Center for Business and Economic Development of Auburn University at Montgomery as an independent professional consultant. The Center was...