Walters v. City of Atlanta

Decision Date10 November 1986
Docket NumberNos. 85-8426,85-8427 and 85-8753,s. 85-8426
Citation803 F.2d 1135
Parties42 Fair Empl.Prac.Cas. 387, 42 Empl. Prac. Dec. P 36,715, 55 USLW 2314 Dennis A. WALTERS, Jr., Plaintiff-Appellee, Cross-Appellant, v. CITY OF ATLANTA, et al., Defendants-Appellants, Cross-Appellee. Dennis A. WALTERS, Jr., Plaintiff-Appellee, v. CITY OF ATLANTA, et al., Defendants, Carole L. Mumford, Movant-Appellant. Dennis A. WALTERS, Jr., Plaintiff-Appellee, v. CITY OF ATLANTA, et al., Defendants-Appellants.
CourtU.S. Court of Appeals — Eleventh Circuit

Appeals from the United States District Court for the Northern District of Georgia.

Before KRAVITCH and HATCHETT, Circuit Judges, and TUTTLE, Senior Circuit Judge.

CORRECTED OPINION

KRAVITCH, Circuit Judge:

I. BACKGROUND

One of the fiercely fought battles of the Civil War occurred in July 1864 when Union troops captured Atlanta and subsequently laid torch to the city. This engagement is known as the Battle of Atlanta.

In 1885, nine German artists in Milwaukee, Wisconsin began a dioramic painting to commemorate the Battle of Atlanta. The result was the Atlanta Cyclorama, a painting that is 50 feet high and 350 feet in circumference. The painting is now owned by the City of Atlanta and is on display in Grant Park.

In 1949, plaintiff-appellee Dennis Walters, then age six, visited the Cyclorama with his great-aunt. Apparently he was so impressed with the picture that he immediately formed a desire to work at the Cyclorama when he grew up. He pursued this goal into adulthood.

By the 1970's, the painting had greatly deteriorated. Interest in the Battle of Atlanta, however, had not deteriorated and the City of Atlanta expended a large sum of money to restore the painting and refurbish the building housing it. The facility was closed several years for the work and had no staff. In 1981, the City began to look for a director, and Walters sought the position but was not hired. Walters contends that the City of Atlanta and various City officials discriminated against him on the basis of his race in refusing to name him Director of the Cyclorama. In an action against the City and its officials, 1 Walters asserted claims under 42 U.S.C. Secs. 1981 & 1983 and under Title VII of the Civil Rights Act of 1964. The section 1981 and 1983 claims were tried to a jury 2 and the district court employed the jury in an advisory capacity in the Title VII suit. The jury found for Walters and, in response to specific interrogatories, found that the defendants discriminated against Walters on four separate occasions between 1981 and 1983.

The district court ordered Walters instated to the position of Cyclorama Director and awarded him back pay, punitive damages and attorney's fees. In No. 85-8426 the City appeals the finding of liability, the equitable relief and the amount of damages. Walters cross appeals the directed verdicts for defendants on his section 1983 claim and his punitive damages claim against the City. In No. 85-8753, the City appeals the award of attorney's fees. In No. 85-8427 Carole Mumford, who was "bumped" from the position of Cyclorama Director by the district court, appeals the district court's denial of her petition to intervene.

II. FINDINGS OF FACT

The district court entered exhaustive findings of fact. Walters v. City of Atlanta, 610 F.Supp. 715 (N.D.Ga.1985). The court found five instances of discrimination against Walters.

A. Failure to Hire Anyone in October 1981.

Pursuant to City regulations, on September 22, 1981, the City established a register for the position of Cyclorama Director. The register is a list of eligible applicants culled by the City's personnel department from those who express an interest in filling an advertised position. Persons on the register are ranked as "highly qualified," "well qualified," or "qualified." Under the City's hiring system, a panel interviews applicants on the register and makes recommendations to department heads. The relevant department head in this case was the Commissioner of Parks, Recreation and Cultural Affairs. Until April 1983, that Commissioner was Geraldine Elder.

The City described the job qualifications, in part, as follows:

Knowledge, Skills, and Abilities: Thorough knowledge of the history of Atlanta and the surrounding area, including the Civil War battles. Good knowledge of the theory, practices, and techniques of historic preservation. Some knowledge of general business practices and of keeping financial records. Some knowledge of the field of public relations. Ability to prepare exhibits and plan programs for the general public; ability to speak and write clearly and concisely; ability to establish and maintain effective working relationships with others. Ability to learn and keep abreast of State and Federal regulations regarding the operation of public buildings.

Walters presented evidence that he met these qualifications. He had followed appropriate courses of study while in college, had worked in historical preservation at the Georgia Historical Commission and had worked as a conservator at the North Carolina Museum of History. Seven applicants were listed on the register for Cyclorama Director. All seven were white. Walters was among the seven and was rated "well qualified." The interview panel recommended three applicants, including Walters. Commissioner Elder interviewed all three, but decided not to fill the position. She then asked the interview panel about the race of the four other persons on the register.

On December 21, 1981, Elder requested a new register, and stated her reasons in a memorandum to the Personnel Commission:

1. The current register, dated 9-22-81, does not include any minority group representation. A new register would help remedy this situation.

2. The top three (3) candidates recommended to me by the interview panel, Jody Cook, Robert Jones, and Dennis Walters, although qualified, I am concerned about the extent of their expertise in business administration and management which is critical to the Cyclorama becoming a self-sufficient tourist attraction.

If the goal of self-sufficiency is to be accomplished, clearly a background in history, museum studies, art, or even the Civil War battles themselves becomes secondary to expertise in business management and finance.

On March 30, 1982, the appellants appointed Carole J. Pinkney, a black woman, to the Director position on a provisional basis. Pinkney was not hired from a register. Immediately prior to the appointment, Pinkney had been an administrative assistant in Mayor Young's office. She had also worked for the Mayor's campaign, a job she took after being fired from a position with the YWCA. At the same time, the City made a provisional appointment of Mary L. Vance as associate director. Vance also was not hired from a register. Pinkney's performance was not satisfactory and she was relieved on November 4, 1982. The position remained vacant until March 1983.

B. Hiring of David Palmer

The position was reannounced on July 22, 1982 and a new register was established on September 12, 1982. Walters again applied and again was rated "well qualified." David Palmer, a black male, also applied for the position. Palmer had initially been rated as "unqualified," however, he appealed this determination and was rerated as "qualified" on the basis of two years experience marketing food products. 3 A panel interviewed the thirteen applicants on the register and recommended three candidates to Elder, including Walters. Palmer was not among the top three candidates. On October 25, 1982, Elder once more decided to "hold" the appointment. In December, the interview panel conducted another round of interviews. Palmer was interviewed on December 2, 1982. One week before, Palmer had been terminated from a position with the Georgia Department of Labor amid allegations of misconduct. In July of 1981, he had been dismissed from a position as City Water Service Administrator for poor performance. Shortly afterwards the City learned that he had held this position simultaneously with his job with the Department of Labor. Palmer was appointed Cyclorama Director in March 1983. In May 1983 Palmer was reinstated to his position with the State's Department of Labor. He held that full-time job, in contravention of city regulations, while serving as the Cyclorama Director. As a result of Palmer's inadequate job performance, he was fired on June 29, 1983 by the new Commissioner of Parks, Recreation and Cultural Affairs, Carolyn Boyd Hatcher.

C. Hiring of Carole Mumford

After Palmer's dismissal, Walters again applied and interviewed for the position. The City, however, hired Carole Mumford, a white female, to be Director and Pam Apple, a white female, as Associate Director on November 18, 1983. Ms. Mumford had been rated as "qualified" in the same 1982 register that listed Walters as "well qualified" for the Director position.

III. PRIOR PROCEEDINGS

Walters filed an initial charge of discrimination with the Equal Employment Opportunity Commission (EEOC) on May 20, 1982. The EEOC determined that Walters' charges were well founded: he was "more qualified" than the two provisionally appointed females and was not hired because, as the City admitted, there were no minorities on the City's register "although the position had been properly advertised and processed." See Walters, 610 F.Supp. at 721 (quoting EEOC determination). Accordingly, Walters received a "right to sue letter" from the Department of Justice on April 23, 1983 and timely filed suit in the district court on July 11, 1983.

On July 18, 1983, Walters filed a second discrimination charge with the EEOC. This claim stemmed from the March 1983 hiring of Palmer even though at that time Walters was, according to the City's register,...

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