Bolden v. Pennsylvania State Police

73 F.R.D. 370, 1976 U.S. Dist. LEXIS 12103, 14 Fair Empl. Prac. Cas. (BNA) 557
CourtDistrict Court, E.D. Pennsylvania
DecidedNovember 29, 1976
DocketCiv. A. No. 73-2604
StatusPublished
Cited by14 cases

This text of 73 F.R.D. 370 (Bolden v. Pennsylvania State Police) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bolden v. Pennsylvania State Police, 73 F.R.D. 370, 1976 U.S. Dist. LEXIS 12103, 14 Fair Empl. Prac. Cas. (BNA) 557 (E.D. Pa. 1976).

Opinion

MEMORANDUM AND ORDER

CLIFFORD SCOTT GREEN, District Judge.

Presently before the Court are plaintiffs’ motions for contempt and/or for supplemental injunctive relief. The motions are based on allegations that defendants have failed to comply with a Consent Decree entered in this action on June 20, 1974. The history of this litigation is necessary to an understanding of the present motions.

In 1973, Trooper Bolden, a minority member of the Pennsylvania State Police, filed this class action suit alleging discrimination in the employment and promotion policies of the State Police. Bolden sought injunc-tive relief and affirmative relief to remedy the violations of the constitutional rights of minority troopers.1 As a result of extensive discovery, plaintiffs uncovered a wealth of evidence to support the allegations of discrimination.

[371]*371Confronted with this evidence, defendants entered into a detailed stipulation admitting not only that a racial imbalance existed in the State Police as a result of racial discrimination, but also admitting that the “Governor’s Affirmative Action Council has not been able, and has, therefore, failed to end the discrimination inflicted by the State Police against blacks and other minorities.”2 Paced with such admissions, defendants requested plaintiffs to enter negotiations for remedial relief to be entered by way of a Consent Decree.

On June 20,1974, the Court approved the seventeen-page Consent Decree tendered by the parties. The Consent Decree, inter alia, required defendants to (1) develop job-related hiring and promotion standards; (2) constitute each future cadet class with at least one-third qualified minorities; (3) maintain a minority promotion ratio of not less than twenty-five percent (25%), provided said promotion goal would be realized by promoting minorities ranked in the top one-third of the eligibility list.

Plaintiffs complain that although more than two years have elapsed since the Decree was entered, defendants have not substantially complied with the terms of the Consent Decree.

At final hearing on said motions, evidence was produced which compels the Court to find that the parties agreed on the hiring and promotion goals of the Consent Decree because of their belief that the authorized strength of the State Police would not be reduced and that the rate of hiring and promotion would be at least equal to the levels experienced in the years preceding the Decree. The evidence also supports our finding that as a result of defendants’ administrative actions, the authorized personnel of the State Police has been significantly reduced, and hiring and promotion significantly curtailed and delayed. Thus, the hiring goals, which the parties originally contemplated achieving by 1978, will not be achieved until 1990 at the current rate of hiring. In addition, the achievement of the promotion goals will similarly be significantly delayed.

Defendants do not deny that the reductions in authorized personnel, hirings and promotions were not anticipated at the time of the Decree. As stated in defendants’ counsel’s legal memorandum at footnote 7, “The defendants do not quarrel with the plaintiffs (sic) assertions that certain ‘understandings’ surrounded the entry of the Consent Decree. For example, the integration plan was based upon the parties’ understanding that hiring would continue at the pre-1974 level — but it was neither guaranteed nor ordered.” Additionally, Commissioner Barger testified that the State Police presently needs more troopers and officers; he explained the personnel reductions are-caused solely by the financial crisis which arose subsequent to the entry of the Decree. Accordingly, defendants argue that they cannot be held to be in civil contempt for failure to comply with the Decree when compliance is financially impossible.

Also, defendants contend that the Decree cannot legally be modified even though its objectives cannot be realized within the time originally contemplated by the parties. Citing as authority Washington v. Davis, 426 U.S. 229, 96 S.Ct. 2040, 48 L.Ed.2d 597 (1976), defendants argue:

Admittedly the original Decree rests on sound footing. There were specific findings of discrimination in hiring and promotions. But the instant request for relief is predicated on no such factual basis. As in Davis, there is no evidence of any intention to discriminate with respect to the statewide slowdown in hiring.3 (emphasis added.)

It is important to point out that plaintiffs do not require a remedy for acts of discrim[372]*372ination subsequent to the Decree. Plaintiffs seek only a modification of the Decree in order to effectively remedy pre-decree deprivations of their constitutional rights by admittedly racially discriminatory conduct on the part of the State Police. Certainly, under the facts of this case, Washington v. Davis is inapposite.

Clearly this Court has the power to modify the Consent Decree. The Supreme Court, in an opinion by Mr. Justice Cardozo has stated:

We are not doubtful of the power of a court of equity to modify an injunction in adaptation to changed conditions, though it was entered by consent. United States v. Swift and Co., et al., 286 U.S. 106, 52 S.Ct. 460, 462 (1932).

Indeed, a Court, “should modify the decree so as to achieve the required result with all appropriate expedition.” United States v. United Shoe Machinery Corp., 391 U.S. 244, 252, 88 S.Ct. 1496, 1501, 20 L.Ed.2d 526 (1968).

In this case, in addition to the inherent power to modify the Decree, express authority to modify is contained within the following provisions of the Decree:

VII. Modification of Decree
Any party may apply to the Court at any time for an Order modifying any of the terms of this Decree. Reasonable notice of such application shall be given to counsel for each party.
IX. Continuing Jurisdiction of the Court
This Court retains jurisdiction of this action.

Thus, by the terms of the Decree, the jurisdiction of this Court continues as to the subject matter of the Decree, and any terms of the Decree may be modified on application of any party.

The undisputed fact is that the objective of the original Consent Decree — to eradicate within a reasonable time the effects of past discrimination by the State Police — has been frustrated by the conduct of the defendants. Accordingly, plaintiffs are entitled to relief.

The relief requested by plaintiffs is stated in the alternative in their motion entitled, “Plaintiffs’ Additional Motion for Contempt And/Or For Supplemental Injunctive Relief.” Primarily, plaintiffs request an order adjudging defendants in contempt of the June 20, 1974 Consent Decree, and an order requiring defendants to promote forthwith all eligible non-whites. Also, plaintiffs request that defendants be ordered to hire and promote in accordance with the standards of the years prior to the Consent Decree.

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73 F.R.D. 370, 1976 U.S. Dist. LEXIS 12103, 14 Fair Empl. Prac. Cas. (BNA) 557, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bolden-v-pennsylvania-state-police-paed-1976.