Sims v. Montgomery County Commission

9 F. Supp. 2d 1281, 1998 U.S. Dist. LEXIS 9618, 1998 WL 345063
CourtDistrict Court, M.D. Alabama
DecidedJune 9, 1998
DocketCIV.A. 3708-N
StatusPublished
Cited by5 cases

This text of 9 F. Supp. 2d 1281 (Sims v. Montgomery County Commission) is published on Counsel Stack Legal Research, covering District Court, M.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sims v. Montgomery County Commission, 9 F. Supp. 2d 1281, 1998 U.S. Dist. LEXIS 9618, 1998 WL 345063 (M.D. Ala. 1998).

Opinion

*1282 MEMORANDUM OPINION

MYRON H. THOMPSON, District Judge.

Three years ago, in the twenty-second year of this litigation, the court wrote the following:

“The court ... believes that it is now time that the parties contemplate an end, in the near future, to this litigation to the extent that it involves the Montgomery County Sheriffs Department and its officials. ‘Otherwise,’ as this court has previously stated, ‘[this litigation] will give a literal meaning to the figurative comment this court made a number of years ago, in another lawsuit, that “Unlike old soldiers, eases such as the one now before the Court not only never die, they never fade away.” ’ United States v. City of Montgomery, 775 F.Supp. 1450, 1460 (M.D.Ala.1991) (quoting United States v. Frazer, 1976 WL 729, 14 Empl. Prac. Dec. (CCH) ¶7599 at 4929 (M.D.Ala.1976)).”

Sims v. Montgomery County Comm’n, 890 F.Supp. 1520, 1534-35 (M.D.Ala.1995), aff'd, 119 F.3d 9 (11th Cir.1997) (table). That time has now arrived not only as to the Montgomery County Sheriffs Department but as to all Montgomery County departments and agencies that have been the subject of this litigation. In response to a request made by the court on October 29, 1997, the defendants *1283 have moved for termination of this 25-year-old class-action lawsuit, in which African-American citizens charged the defendants (the Montgomery County Commission, the Montgomery City-County Personnel Board, and others) with race discrimination. Based on the evidence presented, the court concludes that the motion should be granted.

I. BACKGROUND

This lawsuit has a long and complex history. Nevertheless, a general overview is necessary for proper consideration of the pending motion for termination.

A. The 1973 Plan

On June 26,1972, plaintiffs Clara Sims and Ella Bell, on behalf of a class of black county employees, filed a complaint against the defendants, charging that they had engaged in a pattern and practice of racial discrimination in violation of the fourteenth amendment to the United States Constitution, as enforced through 42 U.S.C.A. § 1983. Almost a year later, on March 22, 1973, the court approved and adopted a plan which provided for extensive systemic relief. The 1973 plan contained general prohibitions against race discrimination in all departments of Montgomery County. The plan also identified three major areas for redress:

• First, the plan provided for review of the . work performed by county employees to ■ determine whether reclassification of jobs was necessary to provide more equal wages and benefits for the performance of equal or substantially similar work. As part of that review, all ‘unclassified laborers’ became ‘classified laborers.’ The reclassification entitled these employees to all rights and benefits received by other classified employees. In addition, the promotion possibilities from the labor service were greatly expanded.
• Second, the plan addressed recruitment practices, minimum qualifications and standards, and selection procedures for entry-level jobs and promotions in all departments. The plan provided for enhancement of recruitment targeted at African-Americans, and the plan required that the standards and procedures used for jobs in all departments meet federal and state-law requirements. New eligibility lists were created for all jobs throughout the county for which the City-County Personnel Board maintained such lists.
• Third and finally, the defendants were required to maintain recruiting records, employment advertisements, applications, and other employment records, which were then to be available for review by the plaintiffs. The defendants were required to submit to the court semiannual reports which set forth the work-force representation of all African-Americans and other employees in all job categories of the county, the number of individuals, by race, hired into each such job category during the reporting period, and the number of individuals hired into and promoted from classified laborer positions during that period.

The 1973 order approving the plan stated that the court would retain jurisdiction for purposes of modification of the order, including the terms of the 1973 plan, and for issuing such further orders as might be appropriate. The order also provided that, at the defendants’ request, the plan could be dissolved after five years and that, in considering whether to dissolve the plan, the court was to take into account whether the defendants have substantially complied with the plan and whether the basic objectives of the plan have been achieved.

Apart from the Montgomery County Sheriffs Department, thére has been little to no activity with regard to the all county departments. On April 22, 1981, the court allowed Yvetta Martin and five other persons to intervene as party plaintiffs, to seek relief against the Judge of Probate and Chief Clerk. By judgment and order entered July 1, 1982, the court ordered those defendants to appoint two of the plaintiff-intervenors to permanent probate clerk positions and to pay backpay to four of the plaintiff-interveners. See Sims v. Montgomery County Comm’n, 544 F.Supp. 420 (M.D.Ala.1982). On December 12, 1985, Vernon Johnson and Alvin T. Rowell moved to intervene as plaintiff-inter-veners, and, on January 2, 1986, the court denied that motion to intervene, opining that “it is time that the present lawsuit[ ] come to rest”; the court noted that Johnson and Ro- *1284 well could, in a separate lawsuit, still seek enforcement of any injunction in the present lawsuit. Except as to the Sheriffs Department, the plaintiffs have not otherwise sought further relief or complained that the defendants were not in compliance with 1973 plan and outstanding orders.

B.The November 1990 Injunction

On May 26, 1988, four African-American deputies — W. T. Scott, Melvin Turner, Addie Berry, and Cinda Brown — moved to intervene in this litigation. These officers, collectively called the ‘Scott intervenors,’ charged that the Montgomery County Sheriffs Department was continuing to discriminate against black employees in violation of the following: the 1973 plan; Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.A. §§ 1981a, 2000e through 2000e-17; and the fourteenth amendment, as enforced through 42 U.S.C.A. § 1983. On November 2,1988, the court certified a plaintiff-interve-nor class of all “black persons who are past, current, and future employees of the Montgomery County Sheriffs Department.”

As a result of this round of litigation, on November 27, 1990, the court found that the Sheriffs Department was continuing to discriminate against its African-American officers, see Sims v. Montgomery Cty. Comm’n, 766 F.Supp. 1052 (M.D.Ala.1990), and the court entered a permanent injunction prohibiting the department from further racial discrimination and requiring the department to change its personnel procedures. Id.

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Bluebook (online)
9 F. Supp. 2d 1281, 1998 U.S. Dist. LEXIS 9618, 1998 WL 345063, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sims-v-montgomery-county-commission-almd-1998.