Stotts v. Memphis Fire Department

858 F.2d 289, 1988 WL 96951
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 23, 1988
DocketNo. 86-5511
StatusPublished
Cited by18 cases

This text of 858 F.2d 289 (Stotts v. Memphis Fire Department) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stotts v. Memphis Fire Department, 858 F.2d 289, 1988 WL 96951 (6th Cir. 1988).

Opinions

RYAN, Circuit Judge.

Defendant Memphis Fire Department appeals from the issuance of a permanent injunction reinstating Jesse Jones, Jr. to the rank of captain and enjoining the Department from demoting Jones for his involvement in a November 21, 1983, fight with former lieutenant Tom Boillot. Following the fight, the Department demoted both Jones, who is black, and Boillot, who is white, to the rank of private. Jones thereafter filed suit under the terms of a 1980 consent decree issued in a separate class action brought against the Department by a class of its black employees. Jones’ claim is that he has been disparately disciplined because of his race in being demoted two ranks, from captain to private, while Lieutenant Boillot was only demoted one.

Under the terms of the 1980 consent decree, the district court’s jurisdiction over Jones’ claim is dependent upon a showing that the discipline given Jones is departmental “conduct which constitutes a pattern or practice of unlawful discrimination on the basis of race.” See Stotts v. Memphis Fire Dep’t, 679 F.2d 541, 574-75 (6th Cir.1982), rev’d, 467 U.S. 561, 104 S.Ct. 2576, 81 L.Ed.2d 483 (1984). The district court held that it had jurisdiction over the case because Jones had established a Departmental “pattern or practice” of administering disparate discipline on the basis of race. The court further held that Jones had been disparately disciplined because of his race and ordered him reinstated to the rank of captain.

We hold that the district court lacked jurisdiction because the court’s factual finding that the Department engaged in a pattern of practice of administering disparate discipline on the basis of race is clearly erroneous. We therefore reverse the court’s order,and dismiss Jones’ claim.

I.

The consent decree which is the basis for the district court’s jurisdiction in this case originated out of a 1977 class action filed against the Department by Carl Stotts, a Memphis firefighter. Stotts alleged that the Department’s hiring and promotion policies were racially discriminatory and viola-tive of Title VII, 42 U.S.C. § 2000e et seq., 42 U.S.C. § 1981 and 42 U.S.C. § 1983. Stotts’ case was later consolidated with an action brought by Fred Jones, another Memphis firefighter. Fred Jones also claimed that he was denied a promotion solely because of his race. Jesse Jones, Jr., the plaintiff in this case, was a private at the time the Stotts case was filed. He was also the leader of the Pioneers, a group of about seventy black Memphis firefighters who unsuccessfully moved to intervene in the Stotts case.

In 1980, after three years of discovery and intensive negotiations, but prior to trial, the parties settled the Stotts suit by agreeing to a consent decree. The consent decree, set out at Stotts v. Memphis Fire Dep’t, 679 F.2d at 573-79, provides that the Department admits no violation of any law, rule, or regulation, but that:

Defendants [the Memphis Fire Department] are compelled by law and by entering into this Consent Decree acknowledge their obligation to, and agree that they shall, refrain from engaging in any act or practice which has the purpose or effect of unlawfully discriminating against any employee of, or any applicant or potential applicant for employment with, the Memphis Fire Department because of such individual’s race or color. Defendants in addition acknowledge their duty under law to and agree that they shall, refrain from discrimination at any time on the basis of race in hiring, promotion, upgrading, training, assignment or discharge or otherwise discriminating against an individual employee or applicant for employment with respect to compensation, terms and conditions or privileges of employment be[292]*292cause of such individual’s race. The City shall take reasonable steps to assure that no member of the Fire Department interferes with the enforcement of this decree by any means. The acknowledgements set forth in this paragraph do not create a right or rights in any person or groups of persons to seek relief under this Decree for defendants’ failure to comply with their general legal obligations as described in this paragraph, except for conduct which constitutes a pattern or practice of unlawful discrimination on the basis of race.

Id. at 574-75 (emphasis added).

On December 2, 1983, following his demotion from captain to private, Jesse Jones applied to the district court for a temporary restraining order and an order to show cause why a preliminary injunction should not issue. Under the terms of the 1980 decree, the court had to determine initially whether Jones had established a “pattern or practice” sufficient to invoke the court’s jurisdiction. Stotts v. Memphis Fire Dep’t, 774 F.2d 1164 (6th Cir.1985) (per curiam). On December 19, in a ruling from the bench, the court ordered Jones reinstated, finding “a pattern and practice of the City to not recognize properly the Black fireman.” On appeal, this court vacated the judgment of the district court under Fed.R.Civ.P. 52(a) because the court failed to “make findings which are sufficient to indicate the factual basis for its ultimate conclusion....” Id. (quoting Squirt Co v. Seven-Up Co., 628 F.2d 1086, 1092 (8th Cir.1980)).

On remand, the court held additional evi-dentiary hearings which were consolidated with the court’s December 1983 hearings for the purposes of resolving Jones’ claims for both preliminary and permanent injunc-tive relief and for a ruling on the merits pursuant to Fed.R.Civ.P. 65. The court reaffirmed its original conclusion that Jones had demonstrated a pattern or practice within the Department of disparately disciplining firefighters based on their race. The court also concluded that Jones had personally been disparately disciplined because of his race, ordered that the Department reinstate Jones to captain, and permanently enjoined the Department from further disciplining Jones for his involvement in his November 1983 fight with Lieutenant Boillot. This appeal followed.

II.

On January 11, 1979, the Memphis Fire Department adopted a “Manual of Rules and Regulations” to serve in part as the official written code for firefighter conduct and disciplinary procedure. Under the Manual, the level of discipline handed down in any particular case should be determined in part by the employee’s personnel history and the seriousness of the underlying offense. According to James R. Smith, a former Director of Fire Services, discipline under the Manual should be corrective in nature and progressive. According to the Manual:

Supervisors should be aware of the degree of disciplinary action which is fair in regard to the offense.

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Stotts v. Memphis Fire Department
858 F.2d 289 (Sixth Circuit, 1988)

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Bluebook (online)
858 F.2d 289, 1988 WL 96951, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stotts-v-memphis-fire-department-ca6-1988.