Walters v. City of Atlanta, Civ. A. No. C83-1432A.

• Decision Date: 28 May 1985
• Docket Number: Civ. A. No. C83-1432A.
• Citation: 610 F. Supp. 715
• Parties: Dennis A. WALTERS, Jr., Plaintiff, v. CITY OF ATLANTA; Andrew J. Young, individually and in his official capacity as Mayor, City of Atlanta; Shirley C. Franklin, individually and in her official capacity as the Chief Administrative Officer to the Mayor; Clara H. Axam, individually and in her capacity as Commissioner, Department of Administrative Services, City of Atlanta; Geraldine H. Elder, individually and in her official capacity as Commissioner, Department of Parks and Recreation, City of Atlanta, Defendants.
• Court: U.S. District Court — Northern District of Georgia

610 F. Supp. 715

Dennis A. WALTERS, Jr., Plaintiff, v. CITY OF ATLANTA; Andrew J. Young, individually and in his official capacity as Mayor, City of Atlanta; Shirley C. Franklin, individually and in her official capacity as the Chief Administrative Officer to the Mayor; Clara H. Axam, individually and in her capacity as Commissioner, Department of Administrative Services, City of Atlanta; Geraldine H. Elder, individually and in her official capacity as Commissioner, Department of Parks and Recreation, City of Atlanta, Defendants.

Civ. A. No. C83-1432A.

United States District Court, N.D. Georgia, Atlanta Division.

May 28, 1985.

COPYRIGHT MATERIAL OMITTED

Dana E. McDonald, Atlanta, Ga., for plaintiff.

Kendric E. Smith, Marva Jones Brooks, Overtis Hicks Coopwood, Atlanta, Ga., for defendants.

ORDER

FINDINGS OF FACT AND CONCLUSIONS OF LAW ON TITLE VII CLAIMS

SHOOB, District Judge.

This is an action under 42 U.S.C. §§ 1981 and 1983, and under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Plaintiff, a white male, alleges that he has been denied employment as Director of the Atlanta Cyclorama, a special facility maintained by the City of Atlanta that contains a dioramic display of scenes from the Battle of Atlanta during the War Between the States. Plaintiff claims that the City of Atlanta and the individual defendants illegally discriminated against him on the basis of his race and sex, and in retaliation for charges filed by him with the Equal Employment Opportunity Commission ("EEOC") and for this lawsuit.

The case was tried to a jury from March 25, 1985, to April 5, 1985, upon plaintiff's claims under 42 U.S.C. §§ 1981 and 1983. The jury served in an advisory capacity on the Title VII claims. Trial was bifurcated, pursuant to Rule 42(b), Fed.R.Civ.P., with the issue of defendants' liability heard first. Evidence was presented during the week of March 25, and on April 1 the Court charged the jury. Jury deliberations began on April 2. On April 3 the jury returned its liability verdict in plaintiff's favor upon his section 1981 racial discrimination claims. Responding to interrogatories, the jury found that defendants discriminated against plaintiff on account of his race on four separate occasions from 1981 to 1983. It also found that on three occasions defendants had retaliated against plaintiff for filing charges with the EEOC and for filing this lawsuit. The jury found for defendants upon plaintiff's claims under 42 U.S.C. § 1983 for discrimination on the basis of gender.

On April 4, 1985, the parties presented evidence to the jury concerning damages. Afterwards the Court, out of the presence of the jury, heard evidence concerning plaintiff's request that he be placed in the position of Cyclorama Director. At the conclusion of that hearing the Court, agreeing largely with the jury's advisory opinion as to Title VII liability, ruled in plaintiff's favor on his Title VII racial discrimination claims and determined that plaintiff would be installed as Cyclorama Director.

The Court did not at that time order plaintiff's immediate installation as Cyclorama Director. The parties agreed, however, during the damages charge conference on April 5 that plaintiff would be entitled to front pay between April 4 and the date the plaintiff was placed in office.

On April 5, 1985, the jury awarded damages for plaintiff on his section 1981 claims as follows:

—against the City of Atlanta: $61,000 in back pay and $115,000 for mental distress;

—against Andrew J. Young: $10,000 for mental distress and $2000 punitive damages;

—against Shirley C. Franklin: $10,000 for mental distress and $2000 punitive damages;

—against Clara G. Axam: $5000 for mental distress and $1000 punitive damages; and

—against Geraldine Elder: $9500 in back pay, $10,000 for mental distress, and $2000 punitive damages.

(The Court has determined back pay due plaintiff under Title VII independently of the jury's response; that determination, set out below at page 728, duplicates the jury's back pay award under section 1981.) The jury found defendant Elder separately liable for a portion of the back pay because it found that she alone, and not the City, was responsible for the first of several instances of discrimination.

Following the jury's damage verdict on April 5, the parties conferred with the Court regarding entry of judgment. Plaintiff requested that judgment be entered on April 5 upon the jury verdict. Defendants requested that the Court delay entry of judgment until the final order incorporating findings of fact and conclusions of law was entered on the Title VII claims. Defendants argued that entry of one judgment upon all claims at the same time would lessen confusion about time for appeal. Plaintiff agreed to the delay in the entry of the section 1981 judgment upon defendants' agreement that interest would accrue on the verdict from April 5, 1985.

Because there was a dispute regarding the appropriate method for calculating interest upon plaintiff's prejudgment back pay, the parties agreed that the Court would resolve this issue upon argument and evidence to be submitted.

The Court directed that plaintiff submit proposed findings of fact and conclusions of law upon the Title VII claims in accordance with Local Court Rule 220-7. Defendants did not respond in detail to the proposed findings and conclusions, which included calculations of back pay, front pay, and interest. Defendants' counsel, responding to a later query from the Court, stated that the City had no objection to plaintiff's calculations except that the City disputed the length of the back-pay period and the amount of interim earnings plaintiff could reasonably have gained.

The Court has adopted plaintiff's proposed findings and conclusions with modifications.

Findings of Fact

1. The City of Atlanta owns a large dioramic painting called the "Cyclorama," which depicts scenes from the Battle of Atlanta in the War Between the States. The painting, which was housed in a large building in Grant Park for a number of years, gradually deteriorated, and the City of Atlanta ("City") undertook the restoration of the painting and the building in which it was housed during the administration of former Mayor Maynard Jackson. In order to accomplish this restoration the City issued revenue bonds earmarked for the improvements made to the building, and the facility was closed for a period of several years while the restoration was being accomplished. During this time the Cyclorama facility did not have an operating staff, and the position of Director was vacant.

2. Approximately a year before the Cyclorama's reopening in June 1982, the Department of Parks, Recreation and Cultural Affairs of the City requested that the City's Personnel Director, defendant Clara H. Axam (now Commissioner of the Department of Administrative Services), establish a "register" (also known as "eligible register") for the position of Cyclorama Director. A "register" is a list of those persons selected by the Personnel Department from all the applicants for a position as being eligible for appointment because of their qualifications. Persons on the register are rated "highly qualified," "well qualified," or "qualified." Under the City's civil service system those applicants who are chosen to be on the eligible register are interviewed by an interview panel, which makes recommendations to the head of the department, in this case the Commissioner of Parks, Recreation and Cultural Affairs. The final hiring decision is made by the Commissioner, who until April 1983 was defendant Geraldine H. Elder.

3. The position vacancy for the Director's job was advertised from September 2 through September 11, 1981. The advertised starting salary was $1,477 per month or $17,724 per annum. The Personnel Department 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.

4. Twenty-seven persons submitted applications. Twelve of them were black and fifteen were white.

5. Plaintiff Dennis A. Walters, Jr., was one of seven applicants selected for the eligible register established on September 22, 1981. Walters was rated "well qualified" by the Personnel Department. The register was forwarded on September 23, 1981, to the Department of Parks, Recreation and Cultural Affairs for the selection of a Director. The seven persons on this first, or 1981, register were then interviewed by the panel assembled for that purpose on October 12 and 13, 1981. The interview panel included two white and two black voting members, one of whom was the City's affirmative action officer. A non-voting white member, Franklin Garrett, official historian of the Atlanta Historical Society, was also present for technical advice to the panel. All of the seven eligible candidates on the register were white.

6. Plaintiff testified that he had wanted to work at the Cyclorama from a very young age, after he had visited the facility. He testified that he had geared his studies with a view toward gaining the skills necessary to become its director.

7. Plaintiff was employed for more than five years by the North Carolina Department of Archives and History as a conservator at the North Carolina Museum of History in Raleigh, North Carolina. He was also previously employed as a state preservationist...