Raymond J. Torres, Franklin J. Utz, and Gerald F. Schmit v. Wisconsin Department of Health & Social Services, Defendants

838 F.2d 944
CourtCourt of Appeals for the Seventh Circuit
DecidedApril 21, 1988
Docket86-2161
StatusPublished
Cited by30 cases

This text of 838 F.2d 944 (Raymond J. Torres, Franklin J. Utz, and Gerald F. Schmit v. Wisconsin Department of Health & Social Services, Defendants) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Raymond J. Torres, Franklin J. Utz, and Gerald F. Schmit v. Wisconsin Department of Health & Social Services, Defendants, 838 F.2d 944 (7th Cir. 1988).

Opinions

CUDAHY, Circuit Judge.

The plaintiffs in this suit are three men who are employed as correctional officers at a prison for women. They were demoted pursuant to the creation and implementation of a policy that designated certain correctional officer positions (including those formerly held by the plaintiffs) as open to women only. The plaintiffs sued, challenging this policy as violative of their right to be free from employment discrimination on the basis of sex, as guaranteed by Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17 (1982). The defendants responded that sex is a “bona fide occupational qualification” (“bfoq”), 42 U.S.C. § 2000e-2(e)(l), for the positions at issue because that distinction on the basis of sex is necessary to protect the privacy rights of the inmates and to promote the prison’s purposes of security and rehabilitation. The district court found after a bench trial that the defendants had failed to establish that sex was a valid bfoq justi[946]*946fying the defendants’ policy. 639 F.Supp. 271 (E.D.Wis.1986). We affirm.

I.

A.

In reviewing this case on appeal, we are mindful, as always, of the deference we owe to the trial court’s findings of fact. Federal Rule of Civil Procedure 52(a) provides that “[findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses.” The Supreme Court recently applied the rule to a Title VII claim in Anderson v. City of Bessemer City, 470 U.S. 564, 105 S.Ct. 1504, 84 L.Ed.2d 518 (1985). The Court stated there that “ ‘[a] finding is “clearly erroneous” when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.’ ” Id. at 573, 105 S.Ct. at 1511 (quoting United States v. United States Gypsum Co., 333 U.S. 364, 395, 68 S.Ct. 525, 542, 92 L.Ed. 746 (1948)). A reviewing court may not reject a factual finding simply because it disagrees with the trier of fact. Id. Further, a reviewing court must show even greater deference to the trial court’s findings that involve credibility of witnesses, “for only the trial judge can be aware of the variations in demeanor and tone of voice that bear so heavily on the listener’s understanding of and belief in what is said.” Id. 470 U.S. at 575, 105 S.Ct. at 1512.

Deference to the district court’s findings of fact is particularly appropriate in the present case. The district court heard numerous witnesses over the course of an eleven-day trial. Further, the district court conducted a tour of the women’s prison involved here and thus was able to view the layout of the facilities and, to some degree, the extent to which the inmates were afforded privacy. 639 F.Supp. at 272. The following summary of the facts is therefore based almost entirely on the district court’s recitation of its factual findings, which we have found to be a careful and accurate reflection of the facts of record.1

B.

The defendant Taycheedah Correctional Institution (“TCI”) is the only women’s maximum security prison in Wisconsin. TCI is operated by the Wisconsin Department of Health and Social Services (“DHSS”), which is also a defendant in this action. The final named defendant is Nona J. Switala who is the Superintendent of TCI, a position she has held since September 1978.

Prior to 1975, TCI was a prison for women. In 1975, DHSS designated TCI a co-correctional institution and transferred male inmates and male correctional officers to TCI. TCI again became a prison for women only in February 1978 and currently continues to be a women’s prison. When the male inmates were transferred out of TCI, however, male correctional officers remained employed at TCI.

TCI includes three buildings in which inmates are regularly housed; each building has three residence floors. The inmates live in single, double and multiple occupancy rooms. Each room contains a bed for each inmate, a desk, chair, light, toilet and wash basin. In two of the three residence buildings, privacy curtains have been installed around the toilets. When an inmate is behind the curtain, only her feet are visible. Privacy curtains will soon be installed in the rooms in the remaining residence building.

The inmates’ rooms have solid doors that contain, at eye level, a clear glass window that measures approximately four inches by six inches. During the hours of 6 a.m. to 9 p.m., the inmates are permitted to cover that window from the inside with a piece of cardboard known as a “privacy [947]*947card” for a maximum of ten minutes while they are using the toilet or changing their clothing. During the hours 9 p.m. to 6 a.m., the privacy card is placed over the window on the outside of the door which enables the correctional officers to lift the card to see into the room in order, for example, to perform body counts. During these nighttime hours, the inmates apparently are not permitted to place the card over the window on the inside of the door for the ten-minute intervals.2

The correctional officers perform body counts each day at 7:30 a.m., 12:30 p.m., 5:30 p.m., 9:30 p.m., and once an hour between 10 p.m. and 6 a.m. The inmates are aware of this schedule. The officers perform the counts at night by looking in the windows in the doors to the inmates’ rooms. The inmates are provided appropriate sleepwear from TCI but are not required to wear it.

Shower rooms are located on each floor of the residence halls. The doors to the shower rooms are solid; some contain windows, but the windows have been rendered opaque. Each shower room has one to three shower stalls, one to three toilet stalls, and some have one or more bathtubs. Each shower and toilet stall has a curtain or door which shields the inmate from view from the rest of the shower room. In all but the maximum security residence hall, only one inmate may occupy the shower room at a time, except that roommates may use the shower room together. Inmates are allowed fifteen minutes in the shower room.

Absent an emergency or rule violation, no correctional officer would see an inmate in any state of undress. In order to use the shower room, an inmate must sign up with the floor officers. The inmate must wear at least a robe or housecoat while traveling to and from the shower room. Correctional officers do not routinely enter the shower rooms while they are occupied.

Correctional officers at TCI perform three types of searches of inmates, all of which are authorized by the Wisconsin Administrative Code. Pat searches are the least intrusive and may be performed at any time, subject to certain restrictions and requirements. The inmate remains fully clothed during a pat search; she empties her pockets and then the searching officer runs his or her hands over the inmate’s entire body.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re Dental Profile, Inc.
446 B.R. 885 (N.D. Illinois, 2011)
Deady v. Hanson (In Re Hanson)
432 B.R. 758 (N.D. Illinois, 2010)
6050 Grant, LLC v. Hanson (In Re Hanson)
428 B.R. 475 (N.D. Illinois, 2010)
In Re Cmgt, Inc.
402 B.R. 262 (N.D. Illinois, 2009)
Henry v. Milwaukee County
539 F.3d 573 (Seventh Circuit, 2008)
Grochocinski v. Knippen (In Re Knippen)
355 B.R. 710 (N.D. Illinois, 2006)
Brown v. Szabo (In re Szabo)
353 B.R. 554 (N.D. Illinois, 2006)
Everson v. Michigan Department of Corrections
222 F. Supp. 2d 864 (E.D. Michigan, 2002)
Rucker v. City of Kettering, Ohio
84 F. Supp. 2d 917 (S.D. Ohio, 2000)
Barry v. Maple Bluff Country Club
586 N.W.2d 182 (Court of Appeals of Wisconsin, 1998)
Canedy v. Boardman
801 F. Supp. 254 (W.D. Wisconsin, 1992)
Lenoir v. Roll Coater, Inc.
841 F. Supp. 1457 (N.D. Indiana, 1992)
Harris v. Thigpen
941 F.2d 1495 (Eleventh Circuit, 1991)
Doe v. Borough of Barrington
729 F. Supp. 376 (D. New Jersey, 1990)
Leffingwell v. Sears, Roebuck & Co.
717 F. Supp. 620 (N.D. Illinois, 1989)
Bedford v. Sugarman
772 P.2d 486 (Washington Supreme Court, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
838 F.2d 944, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raymond-j-torres-franklin-j-utz-and-gerald-f-schmit-v-wisconsin-ca7-1988.