Corley v. Jackson Police Department

566 F.2d 994, 16 Fair Empl. Prac. Cas. (BNA) 693, 1978 U.S. App. LEXIS 12844, 15 Empl. Prac. Dec. (CCH) 8060
CourtCourt of Appeals for the Fifth Circuit
DecidedJanuary 30, 1978
DocketNo. 75-3932
StatusPublished
Cited by26 cases

This text of 566 F.2d 994 (Corley v. Jackson Police Department) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Corley v. Jackson Police Department, 566 F.2d 994, 16 Fair Empl. Prac. Cas. (BNA) 693, 1978 U.S. App. LEXIS 12844, 15 Empl. Prac. Dec. (CCH) 8060 (5th Cir. 1978).

Opinion

SIMPSON, Circuit Judge:

In this Title VII employment discrimination case,1 Charlie Corley and Levaughn Carter, former officers of the Jackson, Mississippi, Police Department, allege that their discharge from the force was based on their race and their opposition to the Department’s discriminatory employment practices. The Jackson Police Department contends that Corley and Carter were discharged solely because they accepted a bribe from a known bootlegger. In response, Corley and Carter deny the payoff charge and maintain that it was merely a pretext for discrimination, noting that other officers similarly accused were neither investigated nor discharged. The district court accepted the Police Department’s version and held for the defendants. Because the district court failed to apply the correct substantive law in deciding this case, we reverse and remand for a new trial.

I. STATEMENT OF THE CASE

Corley and Carter, two black officers of the Jackson Police Department, were discharged on December 4,1972, on the charge that two nights earlier they each received a payoff of $5.00 from a known bootlegger. They filed their first complaint as a class action on January 11, 1973, seeking reinstatement for themselves and relief on behalf of a class of present and future black employees alleging denial of due process and retaliation in violation of the Fourteenth Amendment and 42 U.S.C. §§ 1981, 1982, and 1983. Subsequently, Corley and Carter sought and obtained “right-to-sue” letters2 on their charges pending before the Equal Employment Opportunity Commission (EEOC), and timely filed their second complaint on September 3, 1974, as an individual action alleging that they were discharged in violation of Title VII because of race, 42 U.S.C. § 2000e-2(a), and in retaliation for opposing practices made unlawful [996]*996by Title VII, 42 U.S.C. § 2000e-3(a). Named as defendants in each case were the Mayor and City Commissioners of Jackson, the City of Jackson, the Jackson Police Department, the Chief of Police and two investigating officers, and the Jackson Civil Service Commission. The class issues in the first complaint were resolved by a Consent Decree filed on March 25, 1974. The remaining issues of the two complaints relating to the discharge of Corley and Carter were consolidated for trial, which was held without a'jury before U. S. District Judge Harold Cox on July 8-11, 1975. On September 25, 1975, Judge Cox entered his unpublished memorandum opinion finding against the plaintiffs; a final judgment for the defendants was entered on October 7, 1975. Corley and Carter filed timely notice of appeal.

All facts relevant to the alleged payoff and the subsequent discharge are hotly disputed by the parties. Furthermore, as will be explained below, the credibility choices made by the district court must be set aside as infected by application of an erroneous legal standard. The basic areas of dispute are as follows:

1. Prior History of Racial Discrimination:

The parties concede that before Corley and Carter were hired in 1963, the Jackson Police Department had employed no black persons from its formation in 1885. From 1963 until 1970, according to Corley and Carter, the few black officers on the force were openly discriminated against; they were forced to use racially segregated rest rooms and to sit at the back of the room in training academy classes, deprived of many benefits offered to whites, prohibited from arresting whites, and often addressed as “nigger” by their superior officers. When Lavell Tullos became Chief of Police in 1970, he issued a broad policy statement against discrimination, the effects of which are in dispute. The defendants contend that after 1970 there was no discrimination against blacks within the Jackson Police Department; Corley and Carter testified that they continued to be discriminated against, although in a less open manner. By the Consent Decree filed on March 25, 1974, the defendants stipulated to facts demonstrating that their hiring and testing practices continued to have a discriminatory impact after 1970. The Consent Decree also provided “the entry of this Consent Decree . . . shall not constitute an adjudication or an admission of the defendants of any violation of the law”.

2. Plaintiffs’ Challenges to Police Discrimination:

In May 1972, Corley and Carter joined several other officers, including another black officer who soon withdrew from the case, in filing a lawsuit against the Police Department challenging changes in the promotion procedure, rank structure, and salary scale instituted under Chief Tullos. The Taylor case, as we will refer to it, was filed in the district court for the Southern District of Mississippi and included several allegations of racial discrimination. In response to the Taylor complaint, approximately 160 Jackson police officers, including the two investigating officers sued in this case, Lieutenant Orr and Captain Bennett, and six black officers, successfully moved to intervene as defendants-interve-nors. The Answer of Chief Tullos denied the material allegations of the complaint.3 Additionally, in June, September, November, and December 1972, Corley and Carter filed charges with the EEOC alleging that they had been denied promotions, transfers, and better job assignments because of their race, and that they had been retaliated against for opposing employment discrimination. In the instant ease, Corley and Carter contend that the defendants, partic[997]*997ularly Chief Tullos, Police Lieutenant Willie C. Orr, and City Attorney John Stone, knew about their participation in the Taylor case and their filing of charges with the EEOC and wished to retaliate against them for engaging in such activity. The defendants deny having had actual knowledge or retaliatory motives.

3. The Investigation of Corley and Carter:

On October 31,1972, an informer told Lt. Orr that 10 to 12 months earlier he had witnessed a payoff to Corley and Carter from “a Negro bootlegger on Henry Street” and that this practice was “probably still” going on. A. 1178. Three days later, United States Treasury Agents arrested several bootleggers in the Jackson area, including two black persons, James Henry Johnson and his girlfriend Johnnie Strahan. Johnson told Agent Alan Krohn and Lt. Orr that for two years he had made payments of $2.00 to $5.00 to Corley and Carter in return for protection for his bootlegging operation. According to Johnson, this practice ended in November 1971 when Corley and Carter “were moved away from the downtown area”. A. 1179. At the time of these payoffs, Johnson had been doing business at Strahan’s apartment on Hamilton Street. In 1972, however, Strahan moved to an apartment at 333 North Roach Street, also in the downtown area. Johnson and Stra-han described payoffs in cash and whiskey to other officers, four black and two white, at the Roach Street address.

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Bluebook (online)
566 F.2d 994, 16 Fair Empl. Prac. Cas. (BNA) 693, 1978 U.S. App. LEXIS 12844, 15 Empl. Prac. Dec. (CCH) 8060, Counsel Stack Legal Research, https://law.counselstack.com/opinion/corley-v-jackson-police-department-ca5-1978.