United States v. Wyandotte County, Kansas

• Decision Date: 09 May 1972
• Docket Number: Civ. A. No. KC-3163.
• Citation: United States v. Wyandotte County, Kansas, 343 F.Supp. 1189 (D. Kan. 1972)
• Parties: UNITED STATES of America, Plaintiff, v. WYANDOTTE COUNTY, KANSAS, et al., Defendants.
• Court: U.S. District Court — District of Kansas

343 F. Supp. 1189

UNITED STATES of America, Plaintiff, v. WYANDOTTE COUNTY, KANSAS, et al., Defendants.

Civ. A. No. KC-3163.

United States District Court, D. Kansas.

May 9, 1972.

John N. Mitchell, Atty. Gen., Jerris Leonard, Asst. Atty. Gen., Robert J. Roth, U. S. Atty., D. of Kan., Gerald W. Jones, Richard W. Bourne, Attys., Dept. of Justice, Washington, D. C., for plaintiff.

J. W. Mahoney, Thomas E. Joyce, Kansas City, Kan., for defendants, Brunk, Boring, and Pacheco.

Frank D. Menghini, Wyandotte County Atty., Robert J. Foster, Meeks, Whyte & Meeks, Kansas City, Kan., for remaining defendants.

MEMORANDUM

FINDINGS OF FACT, CONCLUSIONS OF LAW

WESLEY E. BROWN, Chief Judge.

This action was instituted by the Attorney General of the United States for the purpose of securing certain injunctive relief regarding practices allegedly followed in the Wyandotte County Jail, Kansas City, Kansas, which practices are said to be in violation of contractual rights of the United States, and in violation of Title III of the Civil Rights Act of 1964, 42 U.S.C. § 2000b(a) and the Fourteenth Amendment. More particularly, the government contends that defendants have followed a policy of racial segregation within the jail, and have failed to provide for the security and well being of federal and state prisoners who have been confined in that institution.

The United States seeks an order from this Court which would require Wyandotte County officials to "consult with" the federal Bureau of Prisons, and to develop a plan which will assure cell assignments on a non-racial basis, and which would require institution of certain protective and rehabilitative programs within the county jail.

The defendants in this action, Wyandotte County, individual members of the Board of Commissioners, the Sheriff, Undersheriff, and Warden of the jail, contend that prisoner housing assignments have been made on the basis of the safety and security of the inmates and jail personnel, and not on the basis of race; that there has been no systematic discrimination based upon race practiced in the operation of the jail, and that the law does not require the institution of various rehabilitative programs suggested by the United States.

The issues were tried to the Court, and after a view of the premises of the Wyandotte County Jail, and considering the testimony, stipulations and documentary evidence presented by the parties, the Court makes the following findings of fact and conclusions of law.

FINDINGS OF FACT

This action was filed on June 5, 1970, by the Attorney General of the United States, pursuant to Section 301(a) and (b) of the Civil Rights Act of 1964, 42 U.S.C.A. § 2000b(a) and (b), upon the ground that the Wyandotte County Jail is a "public facility" within the meaning of the Act, and that defendants have practiced racial discrimination in their operation of the county jail, in violation of the Act, and the Fourteenth Amendment.

Section 2000b(a), Title 42, U.S.C.A. provides in pertinent part that:

"Whenever the Attorney General receives a complaint in writing signed by an individual to the effect that he is being deprived of or threatened with the loss of his right to the equal protection of the laws, on account of his race, color, religion, or national origin, by being denied equal utilization of any public facility which is owned, operated, or managed by or on behalf of any State or subdivision thereof . . . and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly progress of desegregation in public facilities, the Attorney General is authorized to institute for or in the name of the United States a civil action in any appropriate district court . . . against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section . . . ."

A certificate and affidavit have been filed by the Attorney General, to the effect that he has received a complaint in writing from an individual concerning racial discrimination in the Wyandotte County Jail, in accordance with the provisions of 42 U.S.C.A. § 2000b(a). Complaint, Dkt. 1; Tr. 463.¹

The defendant, Wyandotte County, Kansas, is a public body corporate, and maintains the Wyandotte County Jail, located in the County Courthouse, Kansas City, Kansas. P.T.O. ¶2.

The defendant Cordell D. Meeks is a member of, and chairman of the Board of the Wyandotte County Commissioners. Defendants Albert J. Sachen and Julius Novak are members of the Wyandotte County Board of Commissioners. Subsequent to the filing of this lawsuit, Julius Novak replaced the defendant Richard F. Walsh as a Commissioner, and defendant Julius Novak has been substituted for Richard F. Walsh as a party defendant in this action. All of the above named individuals are residents of the State of Kansas. P.T.O. ¶2.

The defendant Glenn E. Brunk is the Sheriff of Wyandotte County, and as such has the charge and custody of the Wyandotte County Jail and all prisoners located in said jail. The defendant Jess F. Boring is the Undersheriff of Wyandotte County, and the defendant Sallee Pacheo is a Deputy Sheriff of Wyandotte County, and acts as Warden of the county jail. Sheriff Brunk, and through him, defendants Boring and Pacheco, are charged under Kansas law with the custody and safekeeping of prisoners confined in the county jail. All of the above named individuals are residents of the State of Kansas. P.T.O. ¶3.

On November 1, 1969, the United States of America, by and through the Federal Bureau of Prisons, entered into a contract with Wyandotte County, whereby the county undertook to house federal prisoners at a contract rate of $2.10 per day. Ex. A, P.T.O.. This contract is for a three year period, to expire October 31, 1972; it was executed on behalf of the county by the defendant Board of County Commissioners, and approved by the Sheriff, defendant Brunk.

Certain rules and regulations of the Federal Bureau of Prisons are made a part of, and incorporated into the contract between the United States and Wyandotte County. Among these regulations are the following provisions:

"1. Responsibility for Prisoners' Custody

It is the responsibility of the sheriff, jailer, or other official responsible for the administration of the institution to keep the prisoners in safe custody and to maintain proper discipline and control."

* * * * * *

"3. Standard of Treatment

Federal Prisoners will be held in clean quarters adequately heated and ventilated, and receive adequate and wholesome food, and proper medical services. Juveniles will be held apart from adults and male and female prisoners will be properly segregated. Federal prisoners will not be allowed special privileges or improper liberties . . . .

Federal prisoners shall not be subjected to corporal punishment or other cruel or inhumane treatment, nor to control or abuse by kangaroo courts. . . .

Federal prisoners who violate the rules of the institution may be disciplined by the following methods:

Restriction of privileges.

Restricted diet of a type approved by physicians as sufficient to safeguard health.

Solitary confinement for a limited period of time. . . .

Forfeiture of good conduct deductions. This must have the approval of the Director of the Bureau of Prisons.

No person confined in a jail or other place of detention shall on the ground of race, color, religion, or national origin, be subjected to discrimination in any matter relating to his confinement."

Paragraph 14 of the federal regulations incorporated in the contract draw attention to the fact that federal law provides punishment by fine or imprisonment "for persons who have in custody any federal prisoner and voluntarily or through negligence permit such prisoner to escape."

Pursuant to the contract above described, white and Negro prisoners of the United States have been confined in the Wyandotte County Jail, and monies from the United States Treasury have been paid to Wyandotte County for their care and confinement, at the rate of $2.10 per day for each federal prisoner maintained in the county facility.

Under Kansas law, the Sheriff has the charge and custody of the county jail and its prisoners. Section 19-811 provides that:

"The sheriff shall have the charge and custody of the jail of his county, and all the prisoners in the same, and shall keep such jail himself, or by his deputy or jailer, for whose acts he and his sureties shall be liable.

Section 19-1903 K.S.A. provides that:

"The sheriff of the county by himself or deputy shall keep the jail, and shall be responsible for the manner in which the same is kept. He shall keep separate rooms for the sexes, except where they are lawfully married. He shall supply proper bread, meat, drink and fuel for the prisoners."

Section 19-1919 K.S.A. provides that:

"All prisoners shall be treated with humanity, and in a manner calculated to promote their reformation. Juvenile prisoners shall be kept, if the jail will admit it, in apartments separate from those containing more experienced and hardened criminals. The visits of parents and friends who desire to exert a moral influence over them shall at all reasonable times be permitted."

The Board of Commissioners of Wyandotte County is financially responsible for operating the county jail, K.S. A. §§ 19-1901, 28-706, and the Board is charged under Kansas law with the duty of maintaining the jail in such a manner as to assure "the sufficiency thereof for the safekeeping of prisoners, their convenient² accommodation and health." K.S.A. § 19-1902.

The Wyandotte County jail occupies the fourth floor of the Wyandotte County Courthouse, Kansas City, Kansas, which facility is over 40 years old. The jail...