Appendix — Dothard v. Rawlinson
Supreme Court brief1977
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IN THE SUPREME COURT OF THE UNITED STATES
OCTOBER TERM 1976
NO. 76-422
E. C. DOTHARD, ET AL,
APPELLANTS
VERSUS
BRENDA M. MIETH, ET AL.
APPELLEES
ON APPEAL FROM THE UNITED STATES
DISTRICT COURT FOR THE MIDDLE DISTRICT
OF ALABAMA
DOCKETED SEPTEMBER 21, 1976
PROBABLE JURISDICTION NOTED NOVEMBER 29, 1976
IN THE SUPREME COURT OF THE UNITED STATES
OCTOBER TERM 1976
NO. 76-422
E. C. DOTHARD, ET AL,
APPELLANTS
VERSUS
BRENDA M. MIETH, ET AL.
APPELLEES
ON APPEAL FROM THE UNITED STATES
DISTRICT COURT FOR THE MIDDLE DISTRICT
OF ALABAMA
DOCKETED SEPTEMBER 21, 1976
PROBABLE JURISDICTION NOTED NOVEMBER 29, 1976
Record
Complaint
Plaintiff's Request for Production
Plaintiff's Interrogatories to Defendants Judson
Locke and Stanley Frasier
Answer to Interrogatories of Judson C. Locke
Order Denying Defendant's Motion for Oral
Presentation of Evidence in Open Court ain . 72
Deposition of C. Robert Sarver os 9
Plaintiff's Amended Complaint No. 1 — 95
Deposition of Judson C. Locke nein
Deposition of James Jackson on 158
Deposition of Diane K. Rawlinson 172
Plaintiff Motion to Amend and Amendment
to Complaint 3 176
Deposition of William Raymond Nelson. 177
Answer of Defendants—Alabama Board of
Corrections to Amended Complaint 2 224
Defendant Board of Correction’s Offer of Evidence ____297
Plaintiffs’ Offer of Evidence
Plaintiffs’ Motion for Judicial Notice —
Plaintiffs’ Amended Offer of Eriden ese 246
Deposition of Tony Sewell q
Deposition of Bill Gilmore = — — 282
ata
to Interrogatories — . | |
Defendants’ Motion for Judicial Notice a
Opinion, Judginent and Order of the Three |
on 0
Denying Defendants’ Application
a Hearing Thereon — 325
— —
Date
12/8/75
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RELEVANT DOCKET ENTRIES LISTED
Record
Page
Complaint ’ 1
Order of U. S. Court of Appeals, Three
Judge Panel . i 186
Defendants Motion tor — J — ** 20
Order Setting Motion for Summary Judg-
ment for Submission on 1/2177 27
Order Denying Motion for Summary Judg-
ment and Authorizing Parties to Pro-
ceed with Taking Evidence by Deposi-
tion, ete Lk
Plaintiff's — for Production . 6 34
Plaintiff's Interrogatories to Defendants
Judson Locke and Stanley Frazer 86
Defendant’s Motion to Extend Discovery ......... 51
Order granting Motion for Extension of
Time to Complete Discovery 58
Defendant’s Motion to have Evidence Pre-
sented upon Oral Testimony in Open
Answers to Defendant Lockes Interrogatories 60
Deposition of C. Robert Sarver 136
Plaintiffs Amended Complaint No. 111111 177
Deposition of Judson Locke 8
Deposition of Dianne K. Rawilnson te 889
Plaintiff's Motion to Amend Complaint and
Amendment 449
Order Granting Plaintiff Motion tor Leave
to Amend Complaint 451
Deposition of Richard Lyles 455
Deposition of William Raymond Nelson 559
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Answer of Defendants, Alabama Board of
Correction, Thomas F. Staton, Rev. J.
Vickers, Thomas F. Bradford, Marion
Carroll, Jr. and Judson Locke, to Com-
plaint as Amended ................ . * 1051
Defendant’s Offer of Evidence ........ 1051
Plaintiff's Offer of Eviden ee 1055
Plaintiff's Motion for Judicial Notice ............... 1064
Plaintiff's Amended Offer of Evidence ........... 1099
Depositions of Tony Sewell and Billy
Gilmore 3
Exhibit to 3 of J 3 ee 1 1218
Motion of Judson Locke to Supplement An-
swers to Interrogatories .......................... — 1231
Plaintiff's Motion for Judicial Notice 1232
Defendant Locke’s Supplemental Answers
to Interrogatories ods — 1238
Defendant's Motion for Judicial Notice . 1252
Order Substituting Named Defendants 1261
Per Curiam Opinion 1262
Judgment and Order En joining Defendants
with regard to Hiring Practices, and
Specifically Retaining Jurisdiction of
RRS SRRETESS EO ae ess: 1285
Notice of Appeal to the United States Su-
preme Court from the part of the Final
Judgment that pertains to Defendants
Alabama Board of Corrections and its
Members: Judson C. Locke, individually
and in his Official Capacity as Ala-
bama Commissioner of Corrections 1294
Defendant's Application for Stay Pending
——— 3 1296
Meee
5
1/26/76 Defendant's Motion for Hearing on Applica-
tion for Stay Pending Appeal! 1298
7/28/76 Order Denying Application and Motion for
Hearing on Application for Stay Pend-
ing Appeal * 1300
9/15/76 Clerk's Certificate as to Reseed « on : Aneel. 1303
UNITED STATES DISTRICT COURT
FOR THE
MIDDLE DISTRICT OF ALABAMA
Civil Action File No. 75-433-N
BRENDA M. MIETH and DIANNE K. )
RAWLINSON, individually and on be- )
half of all others similarly situated, )
Plaintiff s, )
v. ) SUMMONS
E. C. DOTHARD, individually and in)
his official capacity as Director of the )
Department of Public Safety, his agents, )
servants, assigns, and successors in of-)
fice, et al., )
Defendant s. )
To the above named Defendants more fully set out in the at-
tached complaint:
You are hereby summoned and required to serve upon
John L. Carroll
plaintiff's attorney, whose address 1001 South Hull Street,
Montgomery, Alabama 36104
an answer to the complaint which is herewith served upon
you, within 20 days after service of this summons upon you,
exclusive of the day of service. If you fail to do so, judgment
by default will be taken against you for the relief demanded
in the complaint.
JANE P. GORDON
Clerk of Court.
MARGARET HOPE
Deputy Clerk.
[Seal of Court]
Date: December 9, 1975
NOTE :—This summons is issued pursuant to Rule 4 of the
Federal Rules of Civil Procedure.
—ͤ—ü—3ü!ĩ — —— —
7
Caption of Complaint Omitted“
COMPLAINT
I. Nature of Controversy
This is a civil action brought by Brenda M. Mieth and
Dianne K. Rawlinson, suing individually and as class repre-
sentatives. Plaintiff Mieth attacks the Alabama Depart-
ment of Public Safety's historic and continuing practice of
intentional discrimination against women in the recruiting
and hiring of State Troopers. Both Plaintiff Mieth and
Plaintiff Rawlinson challenge the promulgation and use of
height and weight minimums for employment as state law
enforcement officers on the ground that said minimums are
intended to and do discriminate against women. The suit
seeks declaratory and injunctive relief and the implementa-
tion of a hiring ratio in the employment of State Troopers
to redress the effects of defendants’ blatant discrimination on
the basis of sex.
II. Jurisdiction
This action arises under the Fourteenth Amendment to
the Constitution of the United States and 42 U.S.C. §§ 1983
and 2000e - 5(f). Jurisdiction is invoked pursuant to 28
U.S.C. § 1331 and 5 1343 (3). The amount in controversy
exceeds the sum of Ten Thousand ($10,000.00) Dollars, ex-
clusive of interest and costs. Plaintiff Rawlinson has satis-
fied all the jurisdictional prerequisites to suit under 42 U.S.C.
§ 2000e - 5(f). Plaintiffs seek, inter alia, a declaration of
their rights and the rights of the class and subclasses under
28 U.S.C. § 2201. A three-judge court is requested pursuant
to 28 U.S.C. § 2281.
III. Class Action
Plaintiffs bring thie action on their own behalf and
on behalf of all women who might be employed or are appli-
cants for employment as state law enforcement officers as
that term is defined by Title 55, § 373(108), Code of Alabama
1940 (Recomp. 1958) (1973 Cum. Supp.). Plaintiff Mieth
also represents a subclass of all women who might be em-
ployed or are applicants for employment with the Depart-
ment of Public Safety for the position of State Trooper.
Plaintiff Rawlinson also represents a subclass of all women
who might be employed or are applicants for employment
with the Board of Corrections for the position of Correctional
Counselor. There are common questions of law and fact
affecting the members of the class and subclasses, and these
common questions predominate over any questions affecting
only individual members. The claims of the plaintiffs are
typical of the claims of the class and subclasses. The mem-
bers of the class and subclasses are so numerous as to make
it impracticable to bring them all before the court, and the
interests of the class and subclasses are adequately repre-
sented by the individual plaintiffs. The class action is the
superior and most efficient method for fair adjudication of
this controversy.
IV. Parties
A. Plaintiffs
1. Brenda M. Mieth is a 28 year-old female. She is a
citizen of the United States and a resident of Montgomery,
Alabama.
2. Dianne K. Rawlinson is a 22 year-old female. She is
a citizen of the United States and a resident of Montgomery,
Alabama.
B. Defendants
1. E. C. Dothard is the Director of the Department of
Public Safety. As such he is empowered to appoint all em-
ployees of said Department, Title 36, § 58(57), Code of Ala-
bama 1940 (Recomp. 1958), and is the principal supervisory
authority in that department.
2. The Alabama Board of Corrections is vested with
the power to appoint employees of the Alabama Correctional
—— awe
— oe es
4 »
System. Title 45, § 10 (4), Code of Alabama 1940 (Recomp.
1958).
3. Thomas F. Staton, Rev. J. Vickers, Thomas F. Brad-
ford, Sr., and Marion Carroll, Jr., are the present members
of the Alabama Board of Corrections. Each is a citizen of
the United States, over the age of 21, and a resident of
Alabama.
4. Judson Locke is the Alabama Commissioner of Cor-
rections. As such, he is the principal supervisory authority
in the Alabama correctional system.
5. Stanley Frazer is the Director of the Alabama State
Personnel Board. Under Title 55, §303, Code of Alabama
1940 (Recomp. 1958), he is given general supervisory re-
sponsibility for setting requirements for state merit positions.
Such responsibility is exercised after consultation with the
appointing officials and principal supervisory officials of
the various state agencies.
6. The Alabama Personnel Board is empowered under
Title 55, § 297, Code of Alabama 1940 (Recomp. 1958), to
adopt, modify, or reject classifications and compensation plans
as may be recommended to the Board by the State Personnel
Director.
7. Ralph Adams, D. Kyser Wilson, and C. W. Anderson
are the present members of the Alabama Personnel Board.
Each is a citizen of the United States, over the age of 21,
and a resident of Alabama.
8. The Alabama Peace Officers Standards and Train-
ing Commission (hereinafter referred to as the Commission)
was created by the Alabama Legislature through Title 55,
§ 378(104), Code of Alabama 1940 (Recomp. 1958) (Cum.
Supp. 1973). The Act creating the Commission prescribes
minimum standards for applicants and appointees as law
enforcement officers, § 373(109), end vests the Commission
10
with power to review and permit the use of higher stand-
ards, § 373 (108) (e).
9. Walker Hobbie, E. L. Wright, Jr., Ernest Kentrell,
A. E. Cooper, Richard Hearn, Taylor Wilkins, and James
Jackson are the present members of the Alabama Peace Of-
ficers Standards and Training Commission. Each is a citizen
of the United States, over the age of 21, and a resident of
Alabama.
V. Facts
A. Plaintiff Mieth
1. Plaintiff Mieth is a 28 year-old female. She is 5
feet 6 inches tall and weighs 135 pounds.
2. She is a high school graduate and also has com-
pleted a one-year business college course.
3. She has 20 semester hours and 55 quarter hours
towards a Bachelor’s degree in Law Enforcement, in which
she has maintained an A average.
4. On October 23, 1975, Plaintiff Mieth filed an appli-
cation with the State Department of Personnel seeking em-
ployment with the Department of Public Safety as a Stute
Trooper.
5. On that application, she listed her height as 5 feet 6
inches and her weight as 130 pounds.
6. Shortly thereafter, she received notification from
the Alabama Personnel Department that her application for
the position of State Trooper had been rejected because she
failed to meet the minimum weight requirement. (See Attach-
ment A.)
7. On November 3, 1974, Plaintiff Mieth met with De-
fendant Dothard to discuss the rejection of her application
and possible waiver of the weight requirement.
8. Defendant Dothard told Plaintiff Mieth that she
failed to meet both the height and weight requirements and
therefore could not be employed as a State Trooper.
r
11
9. Defendant Dothard also stated that although he has
no objections to women being hired into administrative posi-
tions with the State Trooper force, he did not want women
out on the road on patrol because such a job was too danger-
ous for women to handle.
10. Plaintiff Mieth is fully qualified to serve the State
of Alabama as a law enforcement officer, and the sole reason
she has not been able to do is because of the arbitrary and
sexually discriminatory practices and policies which permeate
the Department of Public Safety.
B. Plaintiff Rawlinson
1. Plaintiff Rawlinson is a 22 year-old graduate of the
University of Alabama.
2. In August, 1974, preparatory to receipt of her degree
in December, Plaintiff Rawlinson filed an application with the
State of Alabama Personnel Department for the position of
Correctional Counselor Trainee.
3. On said application, Plaintiff Rawlinson listed her
height as 5˙2“ and her weight as 110 pounds.
4. Plaintiff Rawlinson’s application further reflected
that, in December, 1974, she would receive her degree from
the University of Alabama in psychology, with a concentration
in correctional psychology.
5. After submitting her application, Plaintiff Rawlinson
received a postcard from Defendant Personnel Department in-
dicating that her application was unacceptable because of her
weight. Plaintiff Rawlinson then wrote a letter to Defendant
Personnel Department requesting a full explanation of her
rejection.
6. In response, Defendant Personnel Department, by
letter dated October 23, 1974, (see Attachment B) informed
Plaintiff Rawlinson that her application for Correctional
Counselor Trainee had been rejected because she did not meet
the minimum weight requirements for law enforcement offi-
12
mag rename
. tiff Rawlinson then filed, in early Nov
1974, a charge with the EEOC District Office ——
Alabama, alleging that said minimum height and weight re-
quirements are sexually discriminatory.
8. In December 1974, Plaintiff Rawlinson did recei
2 date ante
ating with a cumulative grade point average of 2.0 on a 3.0
Scale. )
9. During her senior year, Plaintiff Rawlinson was se-
lected to participate in a program sponsored by the Univer-
sity’s Correctional Psychology Department, under which she
did research in corrections and helped edit a journal on cor-
rections. As a participant in said program, she worked in the
Tuscaloosa Police Department from May 1974 to August 1974,
assigned to the Juvenile Division where she assisted in investi-
gation and patrol. From August 1974 to December 1974, also
as a participant in said program, Plaintiff Rawlinson worked
in the Tuscaloosa County Juvenile Probation Department,
where she served as a probation officer.
10. Although desirous of working as a law
?Aa
tiff Rawlinson has been unable to do 80. The October 23, 1974,
letter which she received from Defendant Personnel Depart-
ment made it clear that the minimum height and weight re-
quirements foreclosed her from successfully applying not only
for the job of Correctional Counselor Trainee but also for any
— . — — —— —
to police officer, deputy sheriff, deputy constable,
State Trooper. ; 5
11. Plaintiff Rawlinson, whose present weight is 115
pounds, is fully qualified to serve the State of Alabama as a
law enforcement officer, and the sole reason she has not been
able to do so is because of the State’s arbitrary and sexually
— — eR
13
discriminatory height and weight minimums.
VI. First Cause of Action
1. Title 55, § 373(109), Code of Alabama 1940 (Recomp.
1958), which establishes “minimum standards for applicants
and appointees as law enforcement officers,” provides in per-
tinent part as follows:
(d) The applicant shall be not less than five feet
two inches nor more than six feet ten inches in
height, shall weigh not less than 120 pounds nor more
2. For purposes of the above, “law-enforcement officer”
is defined as “a policeman, deputy sheriff, deputy constable,
and other official who has authority as such official to make
arrests. It includes Alabama State Troopers or members of
the State Department of Public Safety, and the Alabama
Board of Corrections.” Title 55, § 373(103).
8. Defendants use these statutory height and weight
minimums in the selection of Correctional Counselor Trainees.
4. With respect to applicants for the position of State
Trooper, defendants have promulgated regulations setting a
minimum height and weight requirement of 5 foot nine inches
and 160 pounds. (See Attachment C.)
5. Both the statutory and the regulatory height and
weight minimums are used by defendants to reject female
applicants.
6. The promulgation and use of minimum height and
weight standards as criteria for employment has a disparate
and discriminatory effect on female applicants.
7. The promulgation and use of minimum height and
weight requirements has a chilling effect on potential female
applicants.
8. The existence and use of minimum height and weight
standards as criteria for employment discriminates against
plaintiffs and the members of the class and subclasses on the
14
basis of their sex in violation of statutory rights guaranteed
under 42 U.S.C. 88 1983 and 2000e and in violation of consti-
tutional rights guaranteed under the equal protection clause
of the fourteenth amendment.
VII. Second Cause of Action
1. Plaintiffs reallege 1-7 of Paragraph VI.
2. The existence and use of minimum height and weight
standards as criteria for employment violates statutory rights
of the plaintiffs and members of the class and subclasses
guaranteed by 42 U.S.C. §§ 1983 and 2000e and their consti-
tutional right to due process of law under the fourteenth
amendment.
VIII. Third Cause of Action
1. It is alleged upon information and belief that male
applicants have been employed as State Troopers who did not
meet the minimum height and weight standards as set forth
by the Department of Personnel and the Department of Public
Safety when they applied for the position.
2. It is further alleged upon information and belief that
there are males presently serving as State Troopers who do not
meet the minimum height and weight standards as set forth
by the Department of Personnel.
3. The actions of the defendants in employing and con-
tinuing to employ male applicants who do not meet the mini-
mum height and weight standards constitutes selective enforce-
ment of a state regulation.
4. Such selective enforcement discriminates against
Plaintiff Mieth and the members of her subclass on the basis
of sex in violation of statutory rights guaranteed them by 42
U.S.C. § 1983 and of their constitutional rights under the equal
protection clause of the fourteenth amendment.
IX. Fourth Cause of Action
1. It is alleged upon information and belief that defend-
ants have maintained and continue to maintain a policy and
a ——ũ—— ee a
— Mit — 2 * . °
practice of refusing to hire women as State Troopers, solely
on the basis of their sex.
2. It is alleged upon information and belief that there
are no women presently employed as State Troopers.
8. Defendants’ policy and practice of refusing to hire
women as State Troopers, solely on account of their sex, dis-
criminates against Plaintiff Mieth and the members of her
subclass in violation of 42 U.S.C. § 1983 and the equal pro-
tection clause of the fourteenth amendment.
X. Relief
Plaintiffs and the class respectfully pray that this Court:
a. Issue its declaratory judgment that the promulgation
and use of minimum height and weight standards by the de-
fendants as criteria for employment is violative of the equal
protection clause of the fourteenth amendment, the due proc-
ess clause of the fourteenth amendment, and Title VII of the
Civil Rights Act of 1964, 42 U.S.C. 2000e et seq.
b. Issue an injuction:
1. permanently restraining the defendants from en-
forcing the provisions of Title 55, f 378 (100) (d), Code of
Alabama 1940 (Recomp. 1958) (1973 Cum. Supp.) ;
2. permantly restraining the defendants from using
any height and weight standards as criteria for employment.
Plaintiff Mieth and the subclass she represents respect-
fully pray that this Court:
a. Order the defendants to employ Plaintiff Mieth as
a State Trooper.
b. Award Plaintiff Mieth back pay to the time of her
application.
c. Issue its declaratory judgment that the employment
practices of the defendants as regards State Troopers dis-
criminate against women and that these defendants have en-
gaged in a practice of sex discrimination in the recruitment
and hiring of female State Troopers.
d. Award back pay to any women who have applied for
the position of State Trooper but who were not hired because
of the sexually discriminatory practices of the defendant.
e. Issue an injunction:
1. permanently enjoining the defendants from dis-
criminating against women in employment as State Troopers;
2 permanently enjoining the defendants from using
any employment selection critcria for State Troopers which
have a disparate effect on women.
f. Order the defendants to employ one female State
Trooper for each male hired until women make up 45% of
the force.
g. Require that the defendants assign and promote all
persons hired as State Troopers without regard to sex.
h. Require that the defendants immediately begin the
use of recruiting materials and methods which stress the equal
role of men and women in the State Trooper force.
Plaintiff Rawlinson and the members of her subclass
respectfully pray that this Court:
a Order the defendants to hire Plaintiff Rawlinson as
a Correctional Counselor Trainee.
b. Award Plaintiff Rawlinson back pay from the date
of her application.
c. Award back pay to any women who have been appli-
cants for the position of Correctional Counselor but who were
not hired because of the minimum height and weight standards.
Plaintiffs and the class respectfully pray that this Court
grant such other and further relief as it may deem just and
proper.
Respectfully submitted,
JOHN L. CARROLL
PAMELA 8. HOROWITZ
JOSEPH J. LEVIN, JR.
MORRIS S. DEES
K N
17
1001 S. Hull Street
Montgomery, AL 36104
ATTORNEYS FOR PLAINTIFFS
STATE OF ALABAMA )
MONTGOMERY COUNTY )
Before me, a Notary Public in and for the State of Ala-
bama at Large, personally appeared Brenda Mieth, who,
being duly sworn, deposes and says that she has read the
foregoing Complaint and that the facts alleged therein are
true and correct to the best of her information, knowledge
and belief.
BRENDA MIETH
SWORN TO AND SUBSCRIBED before me
on this 8th day of December, 1975.
JACKIE L. ALEXANDER
Notary Public
STATE OF ALABAMA A)
MONTGOMERY COUNTY )
Before me, a Notary Public in and for the State of Ala-
bama at Large, personally appeared Dianne K. Rawlinson,
who, being duly sworn, deposes and says that she has read the
foregoing Complaint and that the facts alleged therein are
true and correct to the best of her information, knowledge
and belief.
DIANNE K. RAWLINSON
SWORN TO AND SUBSCRIBED before me
on this 8th day of December, 1975.
JACKIE L. ALEXANDER
Notary Public
Montgomery, Alabama 36111
8
j Print cr type your name ar address, class code, and title of position
for which you are applying.
STATE OF ALABAMA—STATE PERSONNEL DEPARTMENT
[] Your application has been accepted for the position checked on the
other side of this card, and you will be notified later of the exact
bi Your application for the position listed on the other side of this
|
|
:
to indicate it, will be glad to consider your application
if you will submit the supplementary information im-
mediately.
Weight
2 MK It does not show that you meet the minimum educational
ATTACHMENT A
4
2 seat
October 23, 1974
Miss Dianne K. Rawlinson
1701 University Boulevard B- 10
Tuscaloosa, Alabama 35401
Dear Miss Rawlinson :
The position of Correct ion Counselor Trainee falls un-
der the prescribed minimum standards for law enforcement
officers as established by Alabama Law, Section 1981, dated
September 20, 1971. This law (Section 7, paragraph d)
states that “the applicant shall not be less than five feet two
inches or more than six feet ten inches in height, shall weigh
not less than 120 pounds, nor more than 300 pounds Pe
Since you do not meet the minimum weight requirements
as stated above, we regret that it was necessary to turn down
your application for Correctional Counselor Trainee.
You did not state what other positions you applied for,
but if no physical requirements were specified in the quali-
fications for these positions, they do not fall under the mini-
mum standards act mentioned above.
We appreciate your interest in employment with the
State of Alabama and if we can be of assistance to you in
any way, please advise.
Sincerely yours,
Alvin C. Ford
Examination Technician
ACF/ea
ATTACHMENT B
Salary Range—$8,749 - $10,907
; stops trucks to deter-
regulations;
aid
Kind of Work A State Trooper enforces state laws and regulations,
HE
21
especially traffic laws. He patrols an assigned area
in a patrol car; uses two-way telephone equipment.
mine compliance with state and federal
24 — He may administer drivers’ license
examinations or do other police work as required.
Graduation from a standard senior high school or
1 es Possession, upon appointment. of
gives assistance to motorists
STATE TROOPER (7221)
125
1 ff
51115 t
1
if
1 af aH
Kind of Exam Written Test.
A bil
0 HE
ae th
nat
es Mac
— — ———
lit!
f
i
l
:
Caption of Request Omitted*
REQUEST FOR PRODUCTION
Come now the plaintiffs and request that Defendants
Judson Locke and Stanley Frazer, produce and permit plain-
tiffs, through their undersigned counsel, to inspect and copy
the following documents:
1. All written tests utilized for selecting persons for
the position of (a) Correctional Counselor, (b) Correctional
Counselor Trainee, and (c) Correctional Officer.
2. All literature, including written orders or directives,
describing any physical testing procedure utilized in se-
lecting persons for the position of (c) Correctional Counselor,
(b) Correctional Counselor Trainee, and (c) Correctional
Officer.
8. All literature describing the duties to be performed
by (a) Correctional Counselor, (b) Correctional Counselor
Trainee, and (c) Correctional Officer, including but not
limited to the merit system job description.
4. All literature outlining the physical requirements for
employment in the position of (a) Correctional Counselor,
(b) Correctional Counselor Trainee, and (e) Correctional Of-
ficer.
5. All literature, including written orders or directives,
which describe any physical testing which occurs after em-
ployment as a (a) Correctional Counselor, (b) Correctional
Counselor Trainee, and (c) Correctional Officer.
Respectfully submitted,
JOHN L. CARROLL
PAMELA S. HOROWITZ
JOSEPH J. LEVIN, JR.
MORRIS S. DEES
1001 S. Hull Street
Montgomery, AL 36104
ATTORNEY FOR PLAINTIFFS
Certificate of Service Omitted
Caption of Interrogatories Omitted*
INTERROGATORIES
Plaintiffs request that defendants Judson Locke and
Stanley Frazer, or either of them, answer under oath, in
accordance with Rule 38 of the Federal Rules of Civil Pro-
cedure, the following Interrogatories:
1. List every facility operated by the Board of Correc-
tions wherein (a, Correctional Counselors, (b) Correctional
Counselor Trainees, and/or (c) Correctional Officers are as-
signed and state that facilities’ function.
2. Describe in detail the procedure and criteria utilized
for selecting persons for the position of (a) Correctional
Counselor, (b) Correctional Counselor Trainee, and (c) Cor-
rectional Officer.
8. List, by name, each person currently employed by
the Board of Corrections in the position of (a) Correctional
Counselor, (b) Correctional Counselor Trainee, and (c) Cor-
rectional Officer as of December 31, 1975, and provide the
following information:
a. Sex
b. Present height
c. Present weight
d. Date of hiring
e. Weight as listed by the employee on his/her applica-
tion for employment
f. Height as listed by the employee on his/her applica-
tion for employment
g. Educational background
h. The facility to which the employee is assigned
i. The employee’s specific job within the facility
j. Examination rating at the time of employment
4. If any tests of physical skills are utilized in the pro-
cedure described in 2 above, describe those tests.
5. Are periodic evaluations made of persons employed
as (a) Correctional Counselors, (b) Correctional Counselor
Trainees, or (c) Correctional Officers which involve physical
testing.
6. If the answer to 5 is yes, describe the physical tést-
ing and state at what intervals such testing occurs.
7. List, by name, the sex, height, weight, and examina-
tion score of all persons currently on the eligibility list for
certification as (a) Correctional Counselor, (b) Correctional
Counselor Trainee, and (c) Correctional Officer.
Respectfully submitted,
JOHN L. CARROLL
PAMELA 8. HOROWITZ
JOSEPH J. LEVIN, JR.
MORRIS S. DEES
1001 S. Hull Street
Montgomery, AL 36104
ATTORNEYS FOR PLAINTIFFS
* Certificate of Service Omitted
Caption of Answer to Interrogatories Omitted*
ANSWERS TO INTERROGATORIES
Comes now, Judson C. Locke, and for answer to the
interrogatories propounded on February 3rd, says as follows:
1. The facilities operated by the Board of Corrections
wherein (a) Correctional Counselors, (b) Correctional Coun-
selor Trainees, and/or (c) Correctional Officers are assigned,
and the functions of each facility are as follows:
A. Draper Correctional Center. A maximum security
institution designed to accommodate adult male offenders in
any custody classification and in any medical status.
B. Frank Lee Youth Center. A minimum security in-
stitution designed to accommodate youthful adult male of-
fenders assigned minimum custody classification in regular
or light duty medical status. Inmates assigned there must
be first felony offenders, under 24 years of age, and serving
a senterice of 10 years or less.
C. G. K. Fountain Correction Center. A maximum se-
curity institution designed to accommodate adult male of-
fenders in any custody classification in either regular or light
duty medical status.
D. Holman Prison. A maximum security institution de-
signed to accommodate adult male offenders in any custody
classification or medical status. High security risk and se-
vere management problem inmates are usually confined at
this institution.
E. Julia Tutwiler Prison. A maximum security insti-
tution designed to accommodate adult female offenders in
any custody classification or medica] status.
F. Kilby Corrections Facility. A maximum security
institution designed to accommodate adult male offenders in
any custody classification or medical status. Kilby is also
the Central Classification and Medical Facility of the Ala-
bama Prison System.
G. Number Four Honor Camp. A minimum security
institution designed to accommodate adult male offenders in
minimum custody classification in regular duty medical status.
H. Work Release Centers. Minimum security institu-
tions designed to accommodate adult offenders in a minimum
custody classification in regular duty medical status. They
are as follows:
(1) Birmingham Work Release
(2) Childersburg Work Release
(3) Mobile Work Release
(4) Atmore Work Release/Pre-release
(6) Draper Work Release
(6) Wetumpka Work Release
(7) Number Four Pre-release
(8) Alexander City Work Release
2. Procedure and criteria utilized for selecting persons
for the position of (a) Correctional Counselor, (b) Correc-
tional Counselor Trainee, and (c) Correctional Officer are as
follows:
A. Correctional Counselor Trainee. When a position
opens, the Board of Corrections requests a register from the
State Personnel Office, and those on a continuing list are
certified to the Board of Corrections. If the position is for
one, three names are sent and if it is for more than one, one
extra name is attached for each additional position.
To be placed on the list, applicants are graded on expe-
rience and education as stated in their application and must
meet the physical and educational qualifications of the classi-
fication. (See Exhibit I) |
Upon certification of the list to the Board of Corrections,
a letter is sent to all those on the list and request is made for
a reply as to whether they are available for the position.
Upon reply to the letters, an appointment is made with the
warden of the institution for an interview by the applicant.
Following all of the interviews, the decision of employ-
ment is made based upon qualifications and institutional
needs.
Administrative Regulation Number 204 further allows
for selective certification under certain circumstances (Ex-
hibit II“).
B. Correctional Counselor. Correctional Counselor is a
promotional rank from that of the Correctional Counselor
Traince. The requirements basically are completion of 240
hours at the police academy and 80 hours of training in the
corrections field.
The rest of the program consists of on-the-job training
at the institution where the Correctional Counselor will be
employed, (Four and one-half months) where they become
exposed to all facets of the correctional system at that insti-
tution.
Upon completion of this program, the person is certified
to the State Personnel Board as completing the program and
the State Personnel Board grades him; and, if eligible, he
is promoted to Correctional Counselor.
8. See Exhibit III“.
4. Any tests of physical skills which are utilized in the
procedure described in 2 above are as follows:
Every Correctional Counselor Trainee is required to take
a physical examination before he is employed. See also Ex-
hibit IV which is the basic Correctional Curriculum.
5. Yes.
6. Physical testing of Correctional Personnel is limited
to a physica] examination upon employment as well as other
physical testing after employment, such as whether or not
the officer is able to complete the police officers training
course, and performance of his or her duties during and at
the end of his or her probationary period.
7. See Exhibit V“.
Respectfully submitted,
WILLIAM J. BAXLEY
ATTORNEY GENERAL
LARRY R. NEWMAN
ASSISTANT ATTORNEY
GENERAL
DAVID G. FLACK
ATTORNEY FOR BOARD
OF CORRECTIONS
COUNSEL FOR DEFENDANTS
ADDRESS OF COUNSEL
250 Administrative Building
Montgomery, Alabama 36130
* Certificate of Service Omitted
29
n EXHIBIT I ,
CORRECTIONAL COUNSELOR TRAINEE
DEFINITION
This is correctional work of a training nature in develop-
ing skills and techniques in the custody and rehabilitation of -
inmates in a State Correctional Institution.
An employee in this class participates in formal and on-
the-job training courses to develop skills and techniques in
the custody and rehabilitation of inmates in a State Correc-
tional Institution. Work involves instructions in self-defense,
use of firearms, law, and sociology applicable to inmates in
confinement. Initial work assignments will be of a routine
nature under direct supervision of a superior. Work is re-
viewed by supervisors through personal observation, inspec-
tions, and reports.
EXAMPLES OF WORK PERFORMED
Receives 240 hours of formal law enforcement training
at one of the state police academies.
Participates in security and discipline of inmates during
various activities within the institution.
Participates in searches and inspections of inmates and
institutional grounds for violations of rules and regulations.
Assists and participates in the movement and super-
vision of inmates assigned to work in prison kitchens, shops,
mills, laundries, or on farms.
Studies individual and group inmate behavior and con-
trol measures to avert physical harm to persons and property.
Assists in recapture of escaped prisoners.
Assists in counseling of inmates regarding personal
problems, educational and vocational opportunities and work
assignments.
Performs related work as required.
REQUIRED KNOWLEDGES, SKILLS, AND ABILITIES
Ability to develop skills in the care and use of firearms.
Ability to assimilate the purpose of the correctional pro-
gram including discipline and rehabilitation of inmates.
Ability to develop skills to control, direct and counsel in-
mates individually and in groups.
Ability to understand and explicitly follow written and
oral instructions.
Ability to remember names and faces.
Ability to meet special requirements of good reputation
and character, emotional stability and freedom from physical
defects.
QUALIFICATIONS
Graduation from a standard senior high school. (GED
certificate acceptable).
NECESSARY SPECIAL REQUIREMENTS
Possession at time of appointment of a valid driver's
license issued by the Alabama Department of Public Safety.
Physical examination at time of appointment.
Freedom from physical defects, particularly in hearing,
vision, or members, to enable quick action and movement in
the custody of inmates.
Minimum height 5 feet, 2 inches, maximum height 6 feet,
10 inches; minimum weight 120 pounds at time of appoint-
ment; maximum weight 300 pounds.
Minimum age 2014; maximum age 441% at time of ap-
pointment.
Approved: 6/29, 78
CORRECTIONAL COUNSELOR I
DEFINITION
This is routine penal work utilizing skills and techniques
in custody and social rehabilitation of inmates in a state cor-
rectional institution.
Employees in this class have responsibility for the main-
taining of order and discipline, the prevention of escape, and
—
— ——
31
the supervision of work activities of inmates. Employees
perform beginning level advisory and counseling duties; coun-
sel inmates in orientation and adjustment to institutional con-
finement, personal problems, educational and vocational op-
portunities and work assignments. Performs security at
gates, wall towers, cell blocks, dining halls, and work areas
inside and outside of prison walls. While assignments are
generally of a routine nature, work is regulated by standing
orders and is subject to constant supervision and inspection.
EXAMPLES OF WORK PERFORMED
Patrols prisons and prison yards; stands watch in halls,
at gates, or in wall towers; makes regular reports to superiors.
Supervises and keeps order among prisoners assigned to
work in prison kitchens, shops, mills, laundries, or on farms.
Enforces regulations covering sanitation and personal
care. 5
Inspects all traf fie into and out of prison proper.
Maintains constant watch for and reports unusual con-
ditions or disturbances, keeps firearms in readiness for use
if necessary; takes required action in emergencies to prevent
escapes or suppress disorder; assists in recapture of escaped
prisoners.
Explains to inmates, rules, procedures and services avail-
able at correctional institutions; counsels individual inmates
regarding personal problems, educational] and vocational op-
portunities and work assignments.
Evaluates inmate behavior and adjustment to a correc-
tional environment; submits evaluation reports.
Instructs inmates in personal hygiene, discipline and
proper etiquette.
Performs related work as required.
REQUIRED KNOWLEDGES, SKILLS, AND ABILITIES
Some knowledge of the psychological concepts of beha-
vior, social adjustment, and emotional stability.
Some knowledge of modern principles of criminology and
penology.
Some knowledge of modern principles and practices of
counseling and psychology.
Skill in the care and use of firearms.
Ability to exercise mature judgment in the discipline
and supervision of inmates.
Ability to control inmates individually and in groups.
Ability to remember names and faces.
Ability to act quickly and.alertly in an emergency.
Ability to communicate effectively and to follow written
and oral instructions.
QUALIFICATIONS
Any combination of training and experience equivalent
to:
Graduation from a standard senior high school supple-
mented by satisfactory completion of 240 hours of police
training at a recognized police training school.
NECESSARY SPECIAL REQUIREMENTS
Possession at time of appointment of a valid driver’s
license issued by the Alabama Department of Public Safety.
Approved: 6-29-73
CORRECTIONAL OFFICER
DEFINITION
This is routine penal work in maintaining the security
and custody of inmates in a state prison.
Employees in this class have responsibility for the main-
tenance of order and discipline, the prevention of escape, and
the supervision of work activities among prisoners on an
assigned shift. Employees are assigned to gates, wall towers,
cell blocks, dining halls, and work areas inside and outside
prison walls. While assignments are generally of a routine
nature, work is regulated by standing orders and is subject
— —
9 ů *
to constant supervision and inspection.
EXAMPLES OF WORK PERFORMED '
Patrols prisons and prison yards; stands watch in halls,
at gates, or in wall towers; makes regular reports to superiors.
... Supervises and keeps order among prisoners assigned to
work in prison kitcens, shops, mills, laundries, or on farms.
Assists in feeding prisoners and enforcing regulations
covering sanitation and personal care.
Takes periodic counts of prisoners in cell blocks or on
work details.
Inspects all traffic into and out of prison proper.
Maintains constant watch for, and reports unusual con-
ditions or disturbances; keeps firearms in readiness for use
if necessary; takes required action in emergencies to prevent
escapes or suppress disorder.
Assists in recapture of escaped prisoners.
Performs related work as required.
REQUIRED KNOWLEDGES, SKILLS, AND ABILITIES
Ability to exercise mature judgment in the discipline and
supervision of persons under restraint.
Ability to control inmates individually and in groups.
Ability to remember names and faces.
Ability to act quickly and alertly in an emergency.
Ability to follow written and oral instructions.
Skill in the care and use of firearms.
QUALIFICATIONS
Any combination of training and experience equivalent
to:
Graduation from the eighth school grade.
NECESSARY SPECIAL REQUIREMENTS
Possession at time of appointment of a valid driver’s
license issued by the Alabama Department of Public Safety.
Physical examination at time of appointment.
Freedom from physical defects, particularly in hearing,
34
vision, or members, to enable quick action and movement in
the custody of inmates.
Minimum height 5 feet, 6 inches; minimum weight 130
pounds at time of appointment.
Minimum age 21, maximum age 55 at time of examina-
tion.
Revised: December, 1970
CORRECTIONAL OFFICER I (FEMALE)
DEFINITION |
This is custodial and guidance work involving the cus-
tody, discipline, and rehabilitation of socially maladjusted
women committed to the state women’s prison. a
Work involves responsibility for custody of female penal
inmates and for instructing and supervising them in their
daily work. Duties require the exercise of independent judg-
ment in the conduct of work activities and an ability to main-
tain harmonious relationships under difficult circumstances.
Employees are assigned to definite posts, and work is per-
formed under close supervision and in accordance with estab-
lished procedures and policies.
EXAMPLES OF WORK PERFORMED
Supervises inmates in cleaning, laundry, and general
housekeeping duties such as making beds, dusting, and mop-
ping.
Makes general inspections of prison units for sanitary
conditions and execution of assigned tasks.
Observes the conduct, dress, manners, speech, and per-
sonal appearance of inmates and guides them in correcting
or improving such characteristics.
Confers with prison authorities on difficult discipline
problems.
Makes provision for inmates’ food, clothing, and medical
attention.
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——U—U— x PU ¶— x — B «„õ 2 —ů q —ꝓᷣ 226ũ—5 22
Supervises the preparation and serving of meals in a
kitchen and dining room and instructs inmates in keeping
the kitchen department clean. 3
Supervises the indoor and outdoor recreation of inmates.
Insures that inmates are locked in at night, that lights
are out, and that inmates are in bed at proper time.
Supervises visits with inmates.
Supervises inmates in the care of grounds about the
buildings.
Performs related work as required.
REQUIRED KNOWLEDGES, SKILLS, AND ABILITIES
Working knowledge of the methods, materials, and equip-
ment used in institutional housekeeping.
Ability to enforce rules, regulations, and disciplinary
measures with firmness and impartiality.
Ability to supervise a group of women inmates and se-
cure their cooperation in the execution of assigned tasks.
Working knowledge of the methods and objects of dis-
cipline required for persons under restraint.
Ability to gain and hold the confidence of, and to main-
tain a sympathetic attitude toward, female criminal offenders.
Ability to act quickly in emergencies.
Freedom from serious physical defects and agility and
physical strength to enable proper custody of inmates.
QUALIFICATIONS :
Any combination of training and experience equivalent
to:
Graduation from a standard senior high school.
Considerable experience in group work, some of which
shall have been in a supervisory character.
NECESSARY SPECIAL REQUIREMENT
Minimum age limit: 23 years; maximum age, 51 years.
Revised: July 2, 1970
36
EXHIBIT, II
STATE OF ALABAMA
BOARD OF CORRECTIONS
February 13, 1976
ADMINISTRATIVE REGULATION
NUMBER 204 7
Selective Certification
Correctional Counselor I Positions
I. GENERAL :
1. The purpose of this regulation is to establish policy
and procedure for identifying and designating institutional
Correctional Counselor I positions which require selective
certification for appointment of either male or female
employees from State Personnel Department registers.
2. Appointment of employees for Correctional Coun-
selor I positions are initially made from the Correctional
Counselor Trainee register. They remain in a Trainee status
for six months, at the end of which time they are promoted
to Correctional Counselor I if they have satisfactory com-
pleted all phases of their training.
3. The policies and procedures established by this regu-
lation have been coordinated with the Director of the State
Personnel Department.
II. POLICY
4. All Correctional Counselor I positions will be evalu-
ated to identify and designate those which require selective
certification for appointment of either a male or female
employee. Such positions must fall within a bona fide oc-
cupational qualification stated in Title 45-2000C of the
United States Code as interpreted by the General Council
of the Equa! Employment Opportunity Commission’s letter
dated January 13, 1976, attached as Annex A.
5. Selective certification from the Correctional Coun-
— ile
Pon
— — 2 2.
—— 3 v 2
37
selor Trainee register will be requested of the State Per-
sonnel Department whenever a position is being filled which
has been designated for either a male or female employee
only.
6. The Commissioner has final authority to approve
the designation of an institutional Correctional Counselor I
position which requires selective certification.
7. The Associate Commissioner for Administration is
responsible for requesting all Correctional Counselor Trainee
registers from the State Personnel Department.
III. PROCEDURE ,
8. Institutional Wardens and Directors will identify
each institutional Correctional Counselor I position which
they feel requires selective certification and will request that
it be so designated in writing to the Associate Commissioner
for Administration for his review, evaluation, and submis-
sion to the Commissioner for final decision.
9. The request will contain the exact duties and respon-
sibilities of the position and will utilize and identify the
following criteria to establish that selective certification is
necessary :
A. That the presence of the opposite sex would cause
disruption of the orderly running and security of the
institution.
B. That the position would require contact with the
inmates of the opposite sex without the presence of others.
C. That the position would require patroling dormi-
tories, restrooms, or showers while in use, frequently, during
the day or night.
D. That the position would require search of inmates
of the opposite sex on a regular basis.
E. That the position would require that the Correc-
tional Counselor Trainee not be armed with a firearm.
10. All institutional Correctional Counselor I positions
which are not approved for selective certification will be
filled from Correctional Counselor Trainee registers without
regard to sex.
IV, APPLICATION
11. The policies and procedures established by this reg-
ulation do not affect current appointments in Correctional
Counselor classes nor does it affect the power of the Com-
missioner to hire or discharge any employee.
V. REFERENCES
12. Title 45-2000C, United States Code
13. Letter from the General Council of the Equal
Employment Opportunity Commission.
J. C. Locke, Jr.
Commissioner
Annex A—(Same as No. 13)
Mr. J. C. Locke, Jr.
Commissioner
State of Alabama
Board of Corrections
Montgomery, Alabama 36104
Dear Commissioner Locke:
We have received your letter dated October 6, 1975 re-
questing an advisory opinion with regard to hiring only female
correctional counselor trainees to work in all-female prisons,
and only male correctional counselor trainees to work in all
male prisons.
We have noted in your letter that you are being funded
by the Law Enforcement Assistance Administration (LEAA)
to hire and provide training for correctional counselor
trainees; that male correctional counselor trainees who are
employed at all-female prisons are in non-contact slots (outer-
gate and tower), and female correctional counselor trainees
— ee ee — — — —
39
who are employed at all-male prisons are in non-contact slots
(outergate and tower) ; that the job at issue calls for frequent
inspection and patro? of restrooms and showers thereby in-
vading the privacy of prisoners, and would place female em-
ployees in all-male prisons in danger of sexual or other attack
due to sexual deprivation; that no firearms are carried by
correctional counselors or security personnel; and that there
is a low ratio of security personnel to inmates.
Please note that this letter is not an opinion letter pur-
suant to 29 C.F.R. §1601.30.
Section 703 (e) of Title VII of the Civil Rights Act of
1969, as amended, 42 U.S.C. 2000e-2(e), states as follows:
Notwithstanding any other provision of this title, (1)
it shall not be an unlawful employment practice for an
employer to hire and employ employees on the basis of
sex in those certain instances where... Sex. . is a
bona fide occupational qualification reasonably neces-
gary to the normal operation of that particular business
enterprise.
The regulation at 29 C. F. R. §1604.2, 37 F. R. 6836
(April 5, 1972) states as follows:
(a) The Commission believes that the bona fide occu-
pational exception as to sex should be interpreted nar-
rowly. Labels —- men's jobs’ and women's jobs’ — tend
to deny employment opportunities unnecessarily to one
sex or the other.
(1) The Commission will find that the following
situations do not warrant the application of the
bona fide occupational qualification exception:
(i) The refusal to hire a woman because of her
sex based on assumptions of the comparative
employment characteristics of women in general.
For example, the assumption that the turnover
rate among women is higher than among men.
40
(ii) The refusal to hire an individual based on
stereotyped characteristics of the sexes... .
The principle of non-discrimination requires
that individuals be considered on the basis of
individual capacities and not on the basis of
any the group.
(iii) The refusal to hire an individual because
of the preferences of co-workers, the employer,
clients or customers except as covered specifi-
cally in subparagraph (2) of this paragraph.
Many courts have interpreted the statute and regulations
dealing with sex discrimination and the B.F.0.Q. exception.
Relevant Case Law
In cases analagous to the one at issue, courts have held
that employers may rely upon the B. F. O.. exception in order
to employ or to assign like-sexed employees to work with
inmates in correctional institutions.
There are several cases which you should examine which
are helpful in the analysis of the question you raise.
In Long v. State Personnel Board, Calif. Ct. App. 116,
No. Cal. Rptr. 562 (1974), 8 EPD Para. 9745, the court held
that under Title VII,’ there was no sex discrimination, due
to application of the B.F.0.Q. exception, where the state re-
fused to hire a female chaplain to work at an all male youth
correctional institution. The Court said that generally there
are three overall interests to consider: plaintiff’s interest,
the wards’ interest and the public interest. The Court con-
sidered the safety problem for the female chaplain who would
be counselling, frequently, quite far away from male em-
ployees, youths whose average age was 1914 and whose physi-
cal control could not be guaranteed. The Court also considered
the element of privacy of the inmates who lived in various
1 The Court also found no violation under the Federal or State con-
stitutions.
41
states of undress in their dormitories where the chaplain
would be expected to be from time to time. Also see City of
Philadelphia v. Pennsylvania Human Relations Commission
7 Pa. Commonwealth 500, 300 A2d 97 (1973), 5 EPD Para.
8538, where the Court held that under a state law where the
definition of B.F.0.Q. was intended to be the same as the
one under Title VII, the state must grant the City of Philadel-
phia a B. F. O. G. exception for youth center supervisor jobs,
allowing the city to hire only like sexed supervisors for single
sexed youth correctional institutions. In this case, although
the Court discussed and was concerned about danger to em-
ployees and the privacy of the inmates it was also concerned
al out the age of the inmates and their special counselling
and privacy needs.
In Reynolds v. Wise, 375 F.Supp. 147 (N.D. Texas 1974)
8 EPD Para. 9778, the Court held that a female employee at
a state correctional institution for adult males had to be re-
turned to her job in the mail room which had previously been
filled by a man who was given a rotation every six months,
which rotation involved counselling and other contact with
the inmates. The female was to be given these extra as-
signments when returned to her previous mail room job in
order to prepare her for promotions, but the Court also noted
the following:
Selective work responsibilities among correctional offi-
cers excluding from the duties of women assignment to
dormitories or shake-down is reasonable to insure privacy
of inmates and does not discriminate against women.
Reynolds v. Wise, supra at 151.
In those cases discussing correctional work done outside
an institutional setting, the Courts examine the nature of the
work. In Button v. Rockefeller, 6 EPD Para. 8835, (N.Y.
Sup. Ct. Sept. 10, 1973) a case brought under the New York
Executive Law Section 296, the Court held that the State’s
42
hiring of four women as state troopers whose scores were
below the scores of a male applicant, was not discriminatory
because women were needed in order to search other women
and do undercover work. On the other hand, the Court in
Tracey v. Oklahoma, Dept. of Corrections, 8 EPD Para. 9713
(W.D. Okl. May 23, 1974) found that there was nothing in the
nature of the jobs as probation or parole officers which would
justify using separate hiring lists. The Court found that
these jobs did not fit within the B.F.0.Q. exception.
Although not concerning correctional officers, also of
relevance to the question you raise is the case of Hodgson v.
Robert Hall Clothes, Inc., 473 F.2d 589 (3rd Cir. 1973) 5
EPD Para. 8434, cert. denied 414 U.S. 866 (1973), 6 EPD
Para. 8861, wherein one question was whether or not the
Equal Pay Act was applicable in a situation where sex-segre-
gated job classifications were permissible as a B.F.O.Q. The
Appellate Court noted the finding by the District Court that
there was a valid reason for having a sex segregated sales
force, which was “the frequent necessity for physical contact
between the sales persons and the customers which would
embarrass both and would inhibit sales unless they were of
the same sex.” Hodgson v. Robert Hall Clothes, Inc., supra
at 592 citing District Court opinion at page 1269.“
Conclusion And Recommendations
The statute, regulations and cases under Title VII sug-
gest that you carefully evaluate each assignment in order to
determine whether the B. F. O. d. exception would apply. Some
guidelines for you to consider when making your deter mina-
tion are as follows: the public interest and the interest of
2 But see Cianciolo t/a Galaxy Massage Parlor v. Members of City
Council, Knoxville, Tennessee 376 F.Supp. 719 (E.D. Tenn. 1974),
8 EPD Para. 9708 where the Court found that the city ordinance
prohibiting bisexual massages was in conflict with Section 703 of
Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.
§2000e-2.
*
43
employees in minimizing danger, and the interest of the in-
mates in their own personal privacy. It is suggested that the
State of Alabama, wherever possible, continue to employ male
correctional personnel at all-female correctional institutions.
Wherever possible, these employees should be given the op-
portunity to perform their work with the state's firm guidance
on curtailment of assignments which endanger the employees,
the public and/or invade the personal privacy of the inmates.
Since counselling should be stressed in order to upgrade the
jobs involved, it is suggested that you can provide areas where
employees and inmates can benefit from this part of the work,
without regard to the sex of the employee or inmate.
If you need further information in the future, please
do not hesitate to write again or to call.
Sincerely,
Abner W. Sibal
General Counsel
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55
EXHIBIT IV
240 urs. CORRECTIONAL CURRICULUM
General Orientation
Includes opening remarks/course syllabus.
Notebook construction and notetaking procedures.
When constructed properly the materials can be used as
a Correctional Counselor handbook for future reference.
Pre-Test
Test designed to measure present level of skills and
knowledge. Later to be used as an evaluation tool.
Corrections as a proféssion.
Scope of vocations within the Alabama Correctional
System designed to illuminate the interrelated
objectives for the common goal of rehabilitation.
Brief history of the Correctional Officer.
Public Relations
Includes policies concerning the news media and a broad
scope of community relations.
Vocational Guidance familiarization for the
Correctional Counselor
The Correctional Counselor should be able to assist
the inmate in making appropriate vocational choices.
Brief overview of the process of testing for skills,
aptitudes and interests.
Education
The function of education in the rehabilitation of
inmates. Basic literacy courses, high school
completion, trade and technical skill courses,
colleges level and other formalized study and work
programs which provide opportunities for self
development and trade skill development.
Inmate Behavior and the sociology of the Penal
Institution
Many different things go into the making of the inmate
such as physical characteristics, mental abilities,
past experiences and personality traits. The loss
of family and friends, the loss of personal
possessions, the loss of freedom, the regimented life ~-
all these and others affect the inmate. The Correctional
Counselor is responsible for the security, discipline of
inmates and is a vital part of the rehabilitation program.
To perform these duties in the most effective manner, it
is necessary for him to understand the pdople with whom
he deals.
2 hours
1 hour
1 hour
2 hours
2 hours
10 hours
5 hours
20 hours
10.
11.
12.
13.
14.
15.
16.
17.
Correctional Counseling
This course incorporates the necessary Interpersonal
Communication Skills Training, patterned from the
Carkhuff model of counseling that will train
Correctional personnel in a manner that would assist
the inmate to solve some of his problems and add to
his skills in coping with society. This includes a
discussion of the three basic goals of (1) Exploration,
(2) Understanding, and (3) Action.
Psychology of Behavior/Modification techniques for
the Correctional Counselor
Behavioral terminology to include practice with
overt and covert behavioral descriptions.
Reinforcement and shaping techniques.
Alcohol and Drug Abuse
Identification of the abused drugs in the penal
institution. The physical and psychological effects
of alcohol and drug abuse. A discussion of the
correlation between alcohol and drug abuse and crime.
Officer/Inmate Relationship
To help the officer perform his important role in the
correctional system, it will be beneficial to examine
the history of officer/inmate relationships and how
they have developed from the earliest prisons to today's
modern correctional system; the types of officer/inmate
relationships and how they affect the officer's
performance of duty; what inmates respect in officers,
including what actions cause them to cooperate and what
they rebel against; and some of the problems in
officer/inmate relationships which should be avoided
if the officer is to be effective.
Handling the Emotionally Disturbed
A comprehensive discussion of emotional disorders.
Security, Custody and Control
Methods of security within a penal institution.
Definitions of security, custody and control.
Collection, Preservation and Identification of
Evidence for Investigative Purposes
The Correctional Counselor needs to be able to
objectively investigate a crime witin a penal system.
Search and Seizure/Transport of Prisoners
Legal aspects and consideration for search and seizure.
Written Communication
To familiarize the trainees with the essentials of
good report writing, the characteristics, the format
and style. Objective writing for disciplinary actions.
40 hours
10 hours
8 hours
10 hours
4 hours
16 hours
4 hours
4 hours
8 hours
57
page 3
18.
19.
20.
21.
22.
23.
24.
25.
First Aid
Techniques of emergency first aid for the
Correctional Counselor. Multi-media instruction
for the Red Cross Certification.
Institutional Hygiene
Certain deficiencies in living and working quarters
may directly or indirectly affect the health of the
inmates. Modern housekeeping is fast becoming a
— — requiring skilled procedures for efficient
res °
Inmate/Prisoner Rights
A comprehensive study of constitutional rights for
prisoners.
Legal Complaints and Disciplinaries
Legal considerations and procedures concerning writs.
The legal aspects of disciplinary hearings for major
and minor violations — Administrative Regulations
403 and 404.
Defensive Tactics
Techniques of hand-to-hand defensive tactics.
The Use of the Baton
Proper use of the baton can be an effective control
technique and save lives of inmates and Correcticual
Counselors.
Firearms Familiarization and Qualification
Techniques of instruction to include the basic principles
of marksmanship training for shotgun and pistol firing.
Mid Test & Final Test
8 hours
8 hours
5 hours
10 hours
16 hours
20 hours
24 hours
2 hours
58
COURSE DESCRIPTION
1. INTRODUCTION TO LAW ENFORCEMENT 4
J. Opening Remarks and Orientation 1
Official opening of the class followed by a descriptive explan-
ation of tlic course and subject objectives. Rules governing
student activities during the course, and methods of work evalu-
ation will be outlined.
2. Development of Law Enforcement 2
— the student with historical development of law enforce-
ment.
3. Explanation of Alabema Peace Officers Standards and Tra 1
— 8 Act #1881 and amending Act # 156
Familiarize the student with the Act and its purpose.
II. GENERAL TOPICS 4)
1. Notebook Construction and Notétaking 1
Instruct the student in proper methods of constructing tle
basic student notebook and preparing notes.
2. Law Enforcement as a Profession 1
Encourage the student to think and perform the duty of law
enforcement in a professional manner.
3. Loyalty and Horale 2
Explain to the students the importance of being loyal to the
＋ and effect that this loyalty will have upon the morale
of others.
4. Internal Security 2
Instruct the student in the purposes, duties, and scope of
the Internal Security.
5. Introduction to Cooperative Services of Federal,State, and Local !
Law Enforcement
Acquaint the student with the services provided by al! agencies
and to foster a harmonious relationship between them.
59
6. Federal Law Enforcement Agencies
Acquaint the students with various Federal Law Enforcement
Agencies, their functions and how they may help local law
enforcement.
7. ays
Acquaint students with the Alabama law pertaining to the
control of alcoholic beverages and liquor.
8. State Parole Offices
Acquaint student of the purpose and function of the parole
sys tem of the state of Alabama.
9. Telephone Burglary and Obscene Calls
Instruct students on necessary action to take in the event
of burglary of pay telephone boxes. To instruct the student
in immediate and followup action to take in the event of obscene
telephone calls.
10. Communications (Radio)
Explain to the students the basic procedure for operation of
a — station’ two-way radio and a mobile unit.
11. Records Section
Acquaint the student with function and importance of records
keeping.
12. Federal Firearms and Untaxed Whiskey Laws
Explain Federal Firearms Act and to acquaint the students
with recognition of untaxed whiskey, the dangers of and
penalties for making, possessing, receiving or selling
untaxed whiskey.
13. Explosives t of 1971
Instruct: the student on why, how, and when the Explosive Act
of 1971 can be used.
14. Recognition of e bs and Explosive Devices
Familiarize the student with different types of bobs and
explosives used by militant or subversive groups. Explain
rocedure and precautionary measures to be taken when these
bombs or explosive devices are found.
60
15. Handling the Enotionally a sturbed
Teach the students how to recognize ewotionally disturbed
persons and to offer suggestions on methods of handling
these persons including interviews, arrests, and referrals.
16. First Aid
Instruct students in the Standard First Aid Course.
III. EQUIPHKENT
1. Care and Use of Equipment
Stress the importance of caring for polic
teach methods of proper use. ng police equipment and to
2. Use of Emergency Equipment, Escorts & Relays
3.
Instruct the student in what constitutes “eme .
rgency equipment
when and how this equipment may be used, who has 22
to administer emergency runs, and how they are to be conducted.
Operation of Police Vehicles
Stress the importance of safe operation of i
police vehicles
to include preventative maintenance. To teac
of operation of police equipment. *
4. Defensive Driving
Teach the students a standard course in defensive d
designed by the National Safety counc i]. *
IV. CRIMINAL INVESTIGATION
1.
2.
3.
Receiving and Handling Complaints
Teach the student the importance of properly handli
complaints from citizens. To discuss the be Be different
types of complaints encountered by law enforcement officers.
Preserving the Crime Scene
Instruct the student in
- roper technique
crime scene. * que of preserving the
Crime Scene Search and Charting Crime Scene
— — the student with proper and effective methods of
earching crime scenes and producing desired results.
proper charting of crime scene. . ö
14
36
5.
10.
N.
12.
61
Building Searcligs
Instruct the student in the method of building search, the
systematic search in detail, and use of K-9 in building search.
Collection and Preservation of Evidence.
Instruct the student in proper method of identifying and
collecting and preserving evidence found at the scene of crime.
Fingerprint-Theory
Acquaint the student with the history of fingerprints and
generalized information as to their classification. To have
‘students participate in actual fingerprinting each other and
practice developing latent prints.
Burglary Investigation
Instruct the student in the methods and types of burglary
investigations and detection of burglary suspects.
Identification of Stolen Automobiles
Teach the proper techniques in identifying and recovering
stolen automobiles.
Vice and Narcotics Operation
To acquaint the student with types of vice and drugs and
narcotics, drug identification, and techniques of investigating
such offenses.
Sex Crimes
Instruct the student in the different types of sex crimes
they may encounter. To teach the proper methods used in
preventing such offenses. (Cxplain the different modus
operandi of sex criminal. Psychology terms.
U.S. Attorney's Office, Evidence, Searches and Seizures, Civil
Rights
Acquaint the student with their views on handling evidence,
civil rights, searches and scizures, as affective by Supreme
Court decisions and cooperation of this office with local
law enforcement.
Criminal History Files
Explain the laws regarding criminal history registration ,inug
files, and explain their value.
-h-
62
v. CRIMTiAL PROCEDURES & LANS OF EVIDENCE
1. Kechanics and Techniques of Arrest
Instruct student in the many different techni
ques and
procedures of making a legal arrest. Discuss laws of arrest.
2. Searching Prisoners
Instruct students in proper method of searchi
what to search other than the person. e e
3. Transporting Prisoners
Teach proper method of rest
priséners. restricting, handling, and transporting
4. Jail Procedures
Acquaint students with duties and responsibilities of jail
operation, booking of prisoners, control of firea
relinquishment of contro) of prisoners. —
5. Interrogation and Confessions
Instruct the student in the lawful techniques to be used
an interrogation; acquaint with laws and court decisions *
pertaining to confessions, admissions, and declarations.
6. Polygraph
Acquaint student with the pol
investigation. polygraph and how it can assist in
7. Rules of Evidence
Teach necessity of having legal evidence. To discuss t
and means of obtaining admissible evidence. *
VI. JUVENILE PROCEDURES
1. Juvenile Laws State of Alabama
Acquaint students with Alabama law relating to juveniles.
2. Juvenile Interviews
Acquaint students with the rights of and th -
— 1 9 e methods of inter
17
15
3. Sex Crises Against Juveniles }
acqua int students with particular. sex crimes most often
perpetrated against juveniles and types of persons who
generally comnit these offenses.
4. Family Courts ang Juvenile Courts 4
Inform students of laws relating to Juvenile Court pro-
cedure. Responsibility of parents. The significance of
preventing delinquency. To acquaint students with methods
and procedures for youth and family counseling.
5. Work with Juveniles 5
Acquaint students with programs designed to work with
pre-delinquent and delinquent youth. Explain function and
scope of Juvenile Programs.
II. COURTS 24
1. Alabama Code of Alabama, Volume 5, Titles 14 and 15 8
Acquaint the student with Alabama law on crimes and offenses
and criminal procedure.
2. Case Preparation 4
Instruct the student in procedure for preparing a case for
trial before the Grand Jury or Court, to include report writing.
3. Court Procedure-Testifying 8
Instruct the student in preparation for testimony, demeanor
on Stand, appearance in court, reaction of cross-exaiining
attorney and pointers on police testimony. Explain judicial
structure. Moot trial.
4. Supreme Court Decisions 4
Make students aware of recent Supreme Court decisions and
to explain how they affect the job of enforcement.
II. PATROL TECHNIQUES 6
6
1. Patrol Techniques
Instruct in the duty and responsibility of the law enforcement
officer in patrol techniques and to project the best known
methods of fulfilling these responsibilities.
6
IX. TRASFIC OPERATION
1. Officer-Violator Contact
Impress upon the student the importance of officér-violator
contact. To teach the proper wethods of contact, particularly
in traffic law enforcement. To instruct in proper technique
of stonping and interviewing violators. To instruct in proper
procedure in writing traffic citation. Officers self-protection.
2. Traffic Direction and Control
Instruct the students in uniform signals and ges tur
the need for same. . a
3. Speed Timing Devices
Acqua int the student with the purpose of speed t imin
devices. To familiarize the students with these devices,
their operation and recording of data obtained.
4. Introduction to Accident Investigation
Introduce the Students to ate ident investigation and
expiain why we investigate traffic accidents.
5. Planning the Investigation
Teach the students to plan ahead as far as they can, and
to extend the plan as more information is received. To teach
them the stages of planning accident investigations.
6. Keeping the Accident from Getting Horse
— Bsc ay — suggested act ions which have
roved effective in keeping the accident from getti
than at the time the officers arrive. N Aer
7. Traffic Accidents and Their Causes
Teach the students the causes of traffic accident investi
This includes contributing factors, operations, etc. —
8. Road and Weather Conditions
Acquaint the students with the importance of weather and
road conditions in traffic hazards.
9. Vehicle Conditions
Teach what the vehicle shows about why the accident happened
. Pore pany again in accident nvestigation
„lens of investiyation, and the parts of the veh
to contribute to accidents. 1 3
«Pe
46
10. Recording Pica/Uailors Accident Report
Instruct the students in how and what to record the
facts uncovered in the investigation. This includes accident
forws and supplenente! information so the facts will always
be available.
11. Skicmarks-Claessroonu
Create avereness of the potential use of skidmark evidence.
To identify types end foras of skidnarks and their meaning and
the technique. of prover identification and measurement.
Includes practical cxercise in calculating minimus speed.
fron skidnarks using the moncgraph and formulas.
12. Measurements and Diagrams-Classroom
Kedsurements and Diagrams-Field
Discuss the needs for accurate uicasurements as part of the
data gathering process. Discuss the techniques to be used
in accurately locating pertinent data(vehicle, objects,
debris, etc.) as it applies to the accident situation.
Also includes a practical exercise.
13. Critique and Discussion of Skidmarks, Measurements and Diagrams
Inform the student on their effects in plotting skidmarks,
measurements, diagranis.
14s. Implied Consent Law
Teach the students how and why the implied consent law
was inacted and how it should be applied to DWI arrests.
15. Intoximeter Procedure
Acquaint the students with the intoximeter and demonstrate
its operation. Also, to impress upon them that they. make
their case before the subject is tested on the device, and
that it substantiates the case already made.
16. Safety REsponsibility Laws
Instruct the students to inform the drivers in accidents
as to the safety responsibility laws and the forms to be
used.
17. Hit and Run Accidents
Yiscuss a sequence of actions to be taken and tiie essential
phases of this type of investigation as ell as the kinds of
information decued important in the follow-up investigation
of an accident. Alert the student to the kines of technical
assistance available.
L
18. Reviow ant Cxamination of Accident Investigation Course
Inform the student on their strengths and weaknesses in the
area of accident investigation.
X. OFFENSIVE/DEFEUSIVE TACTICS
bics
1. Use of Baton-P-fensive Tect
Instruct the student in proper use of baton as a defensive
weapon to ine lu basic riot control foraations.
XI. COMMUNITY/PUBLIC KCLATIONS
1. Public Relations
Acquaint students with the need of an adequate Public Relations
Program and point up need of effective interaction between
the citizen and the officer.
2. News Media/Law Enforcement
Instruct the student in services that news nedia can render.
Discuss cooperat ion between news media and the agency.
3. Community Relzetions
Relations
aw enforcement.
Discuss the need and functions of a Communit
Program, bridging gap between comwnunity and
4. Extremist Grouns and Targets
Acquaint the student with the different names of extremist
grovps in the U.S..and specifically in Alabama.
known followers, goals, objectives, methods of operation.
XII. FIREARAS
1. Fircarns
Acquaint the student with mechanics of weapons used in
law enforcement. To instruct in proper handling of weapon
and basic safety of weapons. To instruct in and acted! firing
of Combat Pisto? Course.
XIII. EXWAINATIONS & DIRECTORS THiC
1. Evaluation, Seminar, Testing. and Reviow
Two hours cach friday to be used at Directors discretion.
d. Cat ien
Names of leaders,
67
EXHIBIT V
STATE OF ALANAWA
PR PMOENEL (OPPAATRRNT
REQUESTFORCKK . 9F KLIGINLES
T. Feet 2 = TVRs tae)
Bonrd of Corrections
Fr :
corroct tonal Counselor I „ Kilby, Nolasa, te Oe files 6
* s e-per . * er lense ert-
5 ot bree , tt aay : sevleg service Te. Gate pesitignis) vacua
Carr, Wendell wr /
jTacks, tomer ..
Jillions, Breest /
/oray, Jessie 8.“ | /
— Maxy 14 / Ad
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ond selects © nee-veteree et
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4 — Appetated
© -~ Considered bet set selected
ty. beste be te the erte eser
INSTROCTIONS: tes .
went „tente 10 %%. ted by ell feres . parece ce these certified, teeleding correspondence vith there
teply
whe °
sest be sede free the three highest reating eligibles Gleregerqing these he
Sertt Syston Act requires that os sppeisiing sutherity whe passes ever the sane of oe eligible veterse
ereeenel Birecter the reasons for pe „tee ftedicate the section
& «+ Seelieed off -
2. b eee Adérese
Fore 15 e. 8-04)
ee —
STATE OF ALARABA - PERSONNEL OEPARTNENT —
REQUEST FOR CERTIFICATION OF ELIOINLES STATE OF ALAGAMA - PERSONNEL DEPARTHENT
der wee irrer rr — 2 REQUEST FOR CERTIFICATION OF ELIGIBLES
| „ Bepartovat 7 7
Terre 7 ö ö Warn e Corres tious ’
te be filled . 7
— —
*
te be filles
\y.. Te this werk ¢ } Permanent? (¢ } Teaperar: = 104 werk anys OF leas? | art-tine
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{ 20/16
—— — 2 14. CERTEFICATI ON 8 Selery e
1. CERTIFICATION
Bane
— Hane
ea 212 ae Corr, lil v.
— Jim, Jeev 70.13 | 5 3 — — L.
Donley, Willian u. 70.10 5 73.10. m 35% aco Gere, Delaar 3.
Flack, Carolyn r. 73.09 | © | 75.09) Ff 613” (Seo /25 Coos, Robere U., Jr
Alexander, Bobby \” 70.03 3 9) „
Willie, George H,
Cassett, Montes & *
Dunn, Willie A.
Cortits 7 2 * ertifiestion & * v
2 e 2-3-76 | } 2 7A. —
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.
’
*
a — TIT
TAUCTION®: Tele certificets, sigeed by the appointing authority, shewlé be retereed fe the Personnel Depert- 7
sent „tete te daze ni teres sed betete of these certified, tecluding correspeedence vith these inbreverions: Tale cortifiebte, sigeed by the appointing sutberity, shewld be retereed te the Personnel bees
whe %%. eed copies of letters te theese whe failed te veel. sent elthin 10 dafe se o@ by ell feres sed papers of theese certified, lecluding errespoedence vith those
Select te iii each vacancy est be wade free the three highest teste sligibics disregarding these e whe Geclined and Copies of Ibttere te these whe failed te repiz.
felled te enaver ef these ste refused appotateent. Selection te fil!) each ancy oust be ende free the three highest ranking elicibies Gieregeréing thees the
The Berit erstes Act requires thet on eppoteting authority whe peseee over the nace of an eligible reteran tet es te enever Or these whh refused eppcinteent.
and erlerts es nee-veterae suet file vith the Perecene! Director the reasons for se cing. ftedtente the aetiow The Verit este Act rehwires that an eppeieting authority de paseen over the de of % elf % veteran
tetes fn the appropriate less ae tei ese ané selects « now-veteres & file with the Perseene! Director the reasene fer se doing. Indicate the ectios
A ++ Appointee ® -= Declined offer of Appetnteent TA «+ Brena Address tater in the approeriate cols as felievs.
© ++ Considered bat wet selected FAR + Failed te repis A+ Appetates © «+ Declined offer of Appetateent TA «+ Oreng Adérene
C ++ Considered bat net evletted TA + Palled te repiy
70
STATE OF ALAGASA - PERSONNEL DEPARTNERT
REQUEST FOR CERTIFICATION OF FLIGINLES
er
1 0 rr
Mane 1 Tetel Action i 44%
— 4.
Cole, Mens K. 71.27 5 4
Stubbs, Tacwas 27 71.27 5 7 a A 3.
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reite certificate, % by the appointing authority, sheslé be retersed ‘te the — 91
eite 10 tee elt ood of le
28 oe eoscngeste oy 4 — on a we S — Cortifies, tecleding correspecdence watt these
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71
Exam. Score
Capps, Ronald F. 4404 6517
Carr, William W. 4404 8506
McCianey, Tommie L. 4404 8357
Cook, Robert W., Jr. 4404 7958
Campbell, Lawrence 4404 1930
Cromwell, Carolyn 4404 7875
Cousins, Stephanie D. 4404 7864
Creech, Charlotte J. 4404 7864
Mitchell, Wendell B. 4404 7642
Pride, Carl, Ir. 4404 7620
Crenshaw, Richard 4404 7617
White, Allan * 4404 7566
Spencer, Andrea D ....4404 7559
Hardley, Jim, Jr. 4404 7515
Hollinger, Alex L. 4404 7500
Pouncey, Allie T. 4404 7500
Smith, Johnny F. —....4404 7500
Cordero, Jose A 4404 7500
Baker, James M.. 4404 7500
Oswald, James R 4404 7408
McInnis, Donald G. 4404 7356
Stevenson, Emogene H..4404 7218
Green, Eddie W., Sr. _.4404 7203
Creech, Robert E. 4404 7163
Woodfin, Betty J. 4404 7086
Kendrick, Hubert L. _.4404 7071
Davison, Charles L, Jr..4404 7051
McAuley, Kathry A, 404 7061
Crapps, Clarence E. _ 4404 7041
Watson, John S. _.......4404 7040
Johnson, Robert 8. 4404 7035
Cobb, Allen R. 4404 7010
Hardwick, Dianne 4404 7010
Rivers, William E. 4404 7006
Clinner, Betty Sue 4404 7000
Williams, Lula Mae A404 7000
Holmes, Mickey R 4404 7000
Cruden, James Paul 4404 7000
Warren, Vest Eugene .4404 7000
Spivey, James Alvin _.4404 7000
Bryant, James Edward .4404 7000
McInnis, Terry E. 4404 7000
Shelan, Marvin W. 404 7000
Bell, Frank 4404 7000
Hubbard, David W. 4404 7000
— — — — o — 2 — =
ecoeeceoecoeoeoooooooooooeo ese oo r OD O coo
8 —
NEREBNSRERESBSRSSSRRSKKRKSSSSLSSRSSSSSSIESSSSS
eee en ener erer a non ee et ese eee eee eee
EK KKK KEKEKK eR WERE REWER WEES GER ERE REE GER RRR EERES
4
x
4
=
x
155
388888838
Hanks, Kenneth W. 440 700 0 26 1 M 510” 150
Gibbons, Leon L. 440 7000 0 34 1 M 62” 185
Mosley, Wayne E. 4404 7000 0 21 1 M 5˙86 140
Ikner, Thomas W. 4404 7000 o 2 1 M S’ll” 160
Fountain, Nick C. 4404 700 0 21 3 M S58” 155
Curry, Albert Lee 440 7000 0 2% 4 F 87% 160
The motion of the defendants filed herein February 17,
1976, asking this Court to allow all evidence in this case to
be presented orally and in open court, is now presented. Upon
consideration of said motion and the memorandum in opposi-
tion thereto filed February 18, 1976, by plaintiffs, it is OR-
DERED that defendants’ motion be and the same is hereby
denied.
Done, this the 19th day of February, 1976.
Richard T. Rives
UNITED STATES CIRCUIT
JUDGE
Frank M. Johnson, Jr.
UNITED STATES
DISTRICT JUDGE
R. H. Varner
UNITED STATES
DISTRICT JUDGE
PROCEEDINGS
C. ROBERT SARVER
having been called as a witness by the plaintiffs, and having
been first duly sworn by the undersigned notary public, was
examined and testified as follows:
DIRECT EXAMINATION BY COUNSEL ON BEHALF
OF PLAINTIFFS:
BY MS. HOROWITZ:
Q Would you state your name, please?
[Dep. p.4]
73
A Charles Robert Sarver.
Q@ Where are you presently employed and in what
capacity?
A The University of Arkansas at Little Rock in the
College of Law and in the Graduate School of Social Work.
Q How long have you been at the University of Ar-
kansas?
A Since September 1971.
Q Could you state your prior job history?
A Immediately prior to that 1 was Commissioner of
the Arkansas Department of Correction, and in addition to
which I served as superintendent of both Cummins Prison and
Tucker Prison, the Arkansas Intermediate Reformatory.
Q What were the dates of that service?
A From November 1968 to March 29, 1971.
Q And immediately prior to commission in Arkansas?
A I was Director of the Department of Corrections for
the State of West Virginia.
Q What were the dates of that?
A From March 1966 to June 1968.
Q Could you state your educational background?
A I have AB and JB degrees from West Virginia Uni-
versity.
Q Would you discuss your duties as a West Virginia
Director of Corrections?
A I was responsible for the care, custody, control, dis-
cipline and employment of all adults and juveniles in correc-
tional institution or adults and juveniles on parole or adults
on probation.
Q How many facilities were there within the prison
system?
A Six. That is adult and juven:ie.
Q Total of six?
A Total of six.
[Dep. pp. 4-5]
74
Q Were the prisons segregated on the basis of sex?
Did you have female prisons and than all male
prisons?
A Yes.
Q How many of each?
A There were two female institutes, one at Pence
Springs, West Virginia for adult females. The West Vir-
ginia Training or Industrial School for Girls was at Salem,
West Virginia. They were the two female institutions. The
others were all male.
Q What was the approximate size of the prison popu-
lation when you served there?
Alt varied drastically during the mid-60’s, from a high
of probably 1,500 to a low of some 900 total. That is, adult
male inmates.
Q Were between 900 and 1,500?
A Yes.
Q What were the total number of employees within
the system approximately?
Seven hundred.
How many of that number were employed as guards?
The overwhelming majority of them.
As many as -—
Six hundred — approximately 650, perhaps more.
What were the job requirements for a guard posi-
tion within the West Virginia system?
A That would vary from institution to institution. With
respect to the adult facilities at Moundsville and Huttonville,
which were facilities for adult males, the responsibilities in-
cluded both exterior or external and internal security and all
the ramifications that those two types of security involved.
The movement of inmates, the protection of inmates from one
another, dealing with disciplinary matters.
Q What about specifications as far as the candidates
[Dep. pp. 5-7]
ON ON O
75
for the positions? Were there educational minimums?
A No.
Q Did you have height and weight minimums?
A No.
Q When you were in the West Virginia system did you
use women as guards?
A No, not in the adult male institutions. We did not.
Q Was there a reason why you did not?
A Several. Didn’t have many applications for one
thing. Didn’t have any that I can recall applying for those
kinds of jobs.
MR. FLACK: Are we qualifying him as an expert wit-
ness or are we going on to the actual testimony?
MS. HOROWITZ: Qualifying him as an expert.
BY MS. HOROWITZ:
Go ahead, Mr. Sarver. You said that women did not
apply for these positions. Were there other reasons why they
were not hired?
A Well, I attempted to use some females in other kinds
of positions other than guard jobs and ran into tremendous
opposition from the male security staff there at the time. So
there was great opposition to hiring women within the prison
system.
Q Could you now describe your duties for me as director
of corrections in Arkansas?
A I was responsible for the administrative and execu-
tive obligations of the Arkansas Board of Corrections which
included supervision of both Cummins and Tucker Prisons
and all adults on parole and the majority of the adults on
probation.
Q There were Cummins and Tucker. Any other fa-
cilities within the Arkansas system?
A No, not in the Department of Correction. The Cum-
mins Institution included the Women’s Reformatory where
[Dep. pp. 7, 8]
76
our adult females were imprisoned.
Q So your prison population was segregated by sex?
A It was.
Q What was the approximate size of the inmate popu-
lation?
A Total? It varied once again. Pretty close to 2,000,
between 1,800 and 2,000.
Q How many employees within the system?
A Very few. That too to some extent fluctuated, proba-
bly a total of 50 employees altogether. They used the trusty
system. That would vary, but that’s kind of an average.
Q And how many of those people were employed as
guards?
A Most of the guards were trusties. The staff that
were free world staff for the most part were supervisors of
trusty guards. The majority of them supervised trusty
guards. We had a very large farming operation here so that
a lot of our employees were also farm supervisors.
Q To what extent, if any, were women utilized in em-
ployment within the Arkansas Prison System?
A I used several women extensively. One was Mrs.
Callie Schull who served as dietician and food service super-
visor for a year.
Q Was she in a position where she had contact with
the prison population?
A Oh, yes. She operated the kitchen alone. She didn’t
even have any other free world help and she operated it ex-
elusively with inmate help. That was at Cummins Prison,
the maximum security unit.
Mrs. Jean Bronson served on my staff here in Little Rock
and spent most of her time at Cummins Prison both with
the men and the women in special volunteer kinds of — co-
ordinating volunteer efforts with communities and inmates.
Cynthia Houchin was also an administrative assistant
[Dep. pp. 8, 9}
77
who devoted a great deal of her time between developing
programs at both Cummins and Tucker.
Both of those latter two women were in direct contact
with inmates also almost all the time. I used women as ex-
tensively as 1 was able to use them. 1 did not have the op-
position here to it that we had in West Virgina.
Q So there were a number of women during your tenure
in positions such that they had contact with male prisoners?
A Yes.
Q Mr. Sarver, —
A I might add also that there were a great many cleri-
cal and secretarial kinds of people. There were a great num-
ber of them in the system, and those which were at the prisons
were also positioned where they would come in contact with
inmates on a regular basis.
Q Are you personally familiar with prison systems other
than West Virginia and Arkansas?
A Yes.
Could you name them?
A Alabama, Georgia, Mississippi, West Virginia, of
course, and then, of course, a great many jails. Minnesota
Prison at Stiliwater. You want jails too?
A I don’t need them by name.
How did you acquire this personal knowledge?
A Visiting the institutions and serving as an expert
witness for inmates.
Q Could you describe generally speaking the duties of
a prison guard?
A Yes. In the broad sense of the word the duty in-
volves both security against escape, keeping the inmates in,
and internal security involving keeping order within the in-
stitution. This would depend, it would vary from slot to slot
what the officers’ responsibilities would be. For example,
a tower guard has rather limited responsibilities. He’s con-
[Dep. pp. 10, 11]
78
cerned almost totally with external security. His responsi-
bilities involve keeping the inmates in.
The officers in a cell block on the other hand would have
much more diverse responsibilities.
Q Could you give us a profile of the average prison
guard in terms of sex and age and education?
A He is probably white, male, eighth grade education,
eighth to tenth perhaps. Rural background. Probably be-
tween the ages of 45 and 55.
Q What in your opinion are the qualifications that a
prison guard should possess in order to perform effectively ?
A Compassion, love for his fellowman, general sense of
fairness, common sense, and good sense of humor.
Q How important is physical strength in your opinion?
A Not important at all.
Q In your opinion would the fact that a person holds a
degree in a related field have a correlation with that person’s
ability to perform as a prison guard?
A lt probably would, yes. It would indicate in the first
place great motivation, a lot of interest and pretty good in-
sights in the human behavior problem.
Q In your opinion, Mr. Sarver, is there a positive corre-
lation between a person’s height and weight and that person’s
ability to perform as a prison guard?
A None whatsoever.
In your experience does one out of one combat situa-
tion arise frequently within the prison system?
A Between officers and inmates?
Q Yes.
A No.
Q With what degree of frequency generally speaking
would you say it occurs?
A Rarely.
Q In your experience do most prison systems segregate
[Dep. pp. 11, 12]
the inmates by sex?
A Yes.
Q Do they assign male guards to male prisons and fe-
male guards to female prisons, generally speaking?
A Yes.
Q Mr. Sarver, is there any reason in your opinion why
women should not be hired and assigned as prison guards on
an equal basis with men?
A None
Q Is there any risk of sexual assault if you put a woman
as a guard in contact positions with male prisoners?
A Oh, I suppose there's an element of it. There would
be in anything. I would say, however, it would be negligible.
Q The risk of sexual assault would be negligible?
A The risk of any kind of assault.
Q Do you think that using women such that they are in
contact with male prisoners infringes on the privacy rights 8
of those prisoners?
A Not any more than their rights of privaey are in-
fringed upon by male guards.
Q What are the advantages to a prison system, if any,
in your opinion, of hiring and assigning women on a equal
basis with men?
A Say that again.
Q Are there any advantages in your opinion in hiring
?
and assigning women on an equal basis with men
A Yes. My experience has been that when women are
used in close contact with male inmates that the male in-
mate’s behavior generally seems to improve. He will shave
more frequently. He will bathe more often. His language will
clean up. He wl quedly mie — —ę.
gentleman than he might if he were around male officers
the time.
Q Mr. Sarver, you stated that you were personally
[Dep. pp. 12, 13
a
familiar with the Alabama Prison System, correct?
A That is correct.
Q Could you describe specifically the nature and dates of
your contacts with the Alabama Prison System?
A Yes. I visited the Fountain Facility at Atmore, Ala-
bama on January 6th, I believe. That would have been 1975.
I visited Mount Meigs, Draper and Holman in
August 1975. I went back to Fountain again on that same
trip so that I have had those visits.
Are you familiar with the functions of a correctional
officer or correctional counselor as they are currently used
within the Alabama systems?
A Generally, yes.
Q Based on your knowledge of the Alabama system,
Mr. Sarver, in your opinion is a height requirement of five
feet, two inches and a weight requirement of 120 pounds a
valid criteria for measuring, a person’s ability to perform as
a correctional officer or correctional counselor?
A No.
Q By way of illustrating that answer, Mr. Sarver, I
will give you a hypothetical. If you had two candidates for
the position of prison guard, one five feet, five inches and
one five feet, one inch and you knew nothing else about either
person, could you say the taller of the two could perform bet-
ter?
A No.
And another hypothetical. If you had two candidates,
one of whom weighed 125 pounds and one of whom weighed
115 pounds, knowing nothing else about either candidate,
could you say that the heavier of the two would perform bet-
ter?
A No.
Q One more hypothetical. If you had two candidates,
one of whom had a degree in correctional psychology and one
[Dep. pp. 14, 15]
81
who had a high school education which of the two would you
hire?
A The one with the degree.
Q And why?
A Simply more experience for one thing. Perhaps too
nothing more than having lived a little longer. Probably
somewhat older. Once again, showing the motivation and
interest and stick-to-itiveness to have gone and obtained the
degree.
But I think even more selfishly I would be looking toward
the future for that person and being able to use that person as
something other than a prison guard in the future. I have
never had the luxury of a college graduate to ever apply for
a job as a prison guard.
Q Based on your knowledge of the Alabama Prison
System would you characterize the job of a prison guard as
physically dangerous?
A There's an element of danger, yes. Always in a prison
there’s that element. There is a tense atmosphere.
Q What qualities do you think a guard should posses
in order to cope with the job’s element of danger?
A Common sense, fairness, stability, mental and emo-
tional.
Q Do you think this ability to cope is dependent on the
guard’s sex?
A No, it is not.
Q Do you think it’s dependent on physical strength?
A None. There is no way physical strength could help
you in a situation like that.
Q Why do you say that physical strength is irrelevant?
A Because you are really a minority when you are in
an institution. This is particaularly true in Alabama where
one officer may be responsible for supervising four barracks
at one time. There would be no way, no matter how large or
[Dep. pp. 15, 16]
how strong or how heavy or how tall he is, no way in the
world he could ever protect himself if they wanted to get him.
It wouldn’t matter what his sex was.
And if there were trouble would he have to proceed
alone or would he be able to call for help?
A It would be preposterous to proceed alone. He would
have to send for help.
Now you said earlier that generally speaking the
occurrence of one out of one combat between an officer and
an inmate is very infrequent, is that correct?
A That's correct.
Q ls this true with respect to the Alabama Prison Sys-
tem?
A I would think so. Of course, the question raises the
issue of whether one must use hand to hand combat or whether
one can use other means of getting a situation under control.
A good-trained officer doesn’t very often have to use physical
force.
Q Mr. Sarver, would you say that a women who is five
feet, two inches high and weighs 115 pounds would on the
basis of those factors, her sex and her size, be unable to cope
with the element of danger involved in being a prison guard?
A No, that doesn’t correlate at all.
Q Is one function of an Alabama Prison guard to main-
tain order and security within the system?
A Yes.
Q Is that a major function?
A Yes.
And do you think that this ability is dependent on the
guard’s sex?
A No.
ls it dependent on physical strength?
A No.
Q And if you had a women who was five feet, two inches
[Dep. pp. 17, 18]
tall and weighed 115 pounds, would her sex and her size pre-
vent her from being able to function and maintain security
and order within the prison system?
A Not those factors alone, no.
Q Mr. Sarver, are you familiar with the recent court
order pertaining to Alabama’s prisons?
A Iam.
Q Let me ask you what effect, if any, you think this
will have, implementation of that order will have on the , uards
as far as their work atmosphere is concerned?
A It should improve it drastically.
Q And will it in your opinion reduce the element of
danger within the job?
A Yes, it will.
Q Could you tell me why?
A Well, for one thing the order calls for almost a doub-
ling of the guard force which should take some considerable
pressure off of the officers. I saw officers and talked with
officers at Atmore who were indeed responsible for four bar-
racks. One officer responsible for four barracks during the
very busy time of the day when I was there. That is like no
security at all. Certainly that situation should be improved
with the implementation of the order.
Q What about a classification system for inmates?
A The key to successful control of any prison or cor-
rectional institution is its classification system. With sophis-
ticated classification methods inmates can be housed segre-
gated, worked if you will, who are difficult inmates can be
kept apart. Staff assigments can be made on the basis of
that classification. More nearly tailored treatment programs
can be provided within the system which is not possible now.
Q So in your opinion just the implementation of the
classification part of the order alone will greatly improve
the work atmosphere of the guards. Would that be a correct
[Dep. pp. 18, 19]
RRR ee a ee
84
statement?
A Yes. For example, Mount Meigs was terribly over-
crowded as it was in August when I last saw it, had all types
of inmates in the barracks. They were assigned largerly on
the basis of space available. It had nothing to do with the
nature of the offense, the size of the inmate or his potential
for violence, his likelihood of rehabilitation, the length of his
sentence. When sophisticated or more nearly sophisticated
types of procedures are implemented inmates can be separated
so that it is much easier to control them.
ls there any reason in your opinion, Mr. Sarver, why
women should not be hired and assigned as correctional offi-
cers or counselors in the Alabama Prison System on an equal
basis with men?
A None.
Q Would you think that there would be a high risk of
sexual assault if women were utilized in such a way that they
were in contact with male prisoners?
A I don’t think so. Certainly there would be a higher
risk than would be the risk now with no women there at all.
It’s not likely the inmates would assault a male officer sexu-
ally. I do think, however, that that risk would be negligible.
Q Do you see in the Alabama system any invasion of
inmates’ rights of privacy were women to be ultized in con-
tact positions?
A Alabama prisoners don’t have any privacy now. Even
in isolation there are as many as four and five people in the
cell.
MS. HOROWITZ: No further questions.
CROSS EXAMINATION BY COUNSEL ON BE-
HALF OF DEFENDANTS:
BY MR. NEWMAN:
Q You were Commissioner of Corrections in West Vir-
ginia from March of ‘66 to June of 1968?
Dep. pp. 19, 20
A Right.
Q At that time was it your testimony that there were
no women in the male institution?
A No guards.
Q What was your definition of a guard in West Vir-
ginia?
A I don't think I defined it. Do you want me to define
it?
Q Yes.
A This would be speaking now at Moundsville and
Huttonville.
Let's confine this to adult male prisoners.
A Okay. The guards’ responsibilities generally were to
preserve external security to keep inmates from escaping
and to maintain order within the institution. Control the cell
blocks, control the movement of inmates, control their activi-
ties and conduct, release them from cells and return them to
cells and generally supervise the inmates within the system.
Q And is it your testimony that in West Virginia you
did not supervise any women in such a position?
A We did not have any women serving in those positions
there, that is correct.
Now in Arkansas what was your definition of a
guard?
A It was much broader than it was in West Virginia.
The overwhelming majority of the guards in the Arkansas
Prison System were inmates. They were trusties.
Q Did you have any women guards that met that quali-
fication?
A No, we did not because these were all inmates. Now
we did use women trusties at the women’s prison.
So would it be your testimony that you did not super-
vise any women guards in the State of Arkansas?
A That is correct.
[Dep. pp. 21, 22
a a ee
mor
Q And these women that you mentioned that you super-
vised were not guards?
A That's correct.
Q They would be more in an adiministrative position?
A Administrative position as opposed to security.
I believe you testified that they had contact with the
male inmates. What was that contact?
A In Mrs. Schull’s case it was supervisory. She had
probably as many as 50 inmates assigned to the dining room
and to the kitchen and she was solely and singularly respon-
sible for the operation of the kitchen and dining room and it
was a major institution. She did it alone. She did it all her-
self. There wasn’t even any free world staff at all. She ran
the whole thing.
Q And what was the nature of the contact that the other
two women had?
A Largely treatment type contact, treatment and organ-
ization. In Mrs. Houchin’s case it involved the establishment
of various treatment programs within the institution. She
did supervise groups of inmates setting up such things as
AA for example. Alcoholics Anonymous. She organized and
helped to implement an educational program where inmates
would teach other inmates their skills since she had no treat-
ment staff.
With Mrs. Bronson largely it was coordinating the efforts
of people in the community who were volunteer groups to
work with inmates who were about to come out of the institu-
tion.
Q For an inmate to come in contact with this woman
would he have to meet a certain criteria?
A No. As a matter of fact, all three of these women
had access to the main body of the population and frequently —
spent time back there, back in the barracks area. The trus-
ties were always very nervous when they were back there
[Dep. pp. 22, 23]
87
and some of the supervisors had expressed some concern about
them being back there. But they did have access to anywhere
in the prison they wanted to go.
Q Then would I be correct in saying that it is your
testimony that you have never supervised a woman in a guard
position as defined in the State of West Virginia or the State
of Arkansas?
A In an adult male prison, that is correct.
Q Have you ever done any studies on a woman’s ability
to be a prison guard?
A No study. I am familiar with some systems, at least
one, where women ar used as guards. This is the DuVall
County Jail in Jacksonville, Florida.
Q What is the amount of your familiarity with that
system?
A I was an expect witness for prisoners in Jacksonville,
Florida. I am quite familiar with both the jail and the system
and how it operates.
Q Would you like to tell us about how much time you
spent familiarizing yourself with that system?
A I think I have been there on three occasions. I think
that’s right. Three different occasions that I have been there.
I have talked with some of the females about their role. How-
ever, that was not my reason for being there, to check on
female guards. Frankly I was surprised when I saw them.
But I was there to deal with internal security matters.
And that is your only familiarity with a system that
uses female guards?
A No other one comes to mind at the moment.
Q Is that the Duvall County Jail?
A In Jacksonville, Florida.
Q What type of prisoners were maintained there?
A The same kind of prisoners that are kept in jail
everywhere. Accused felons and people who are in there for
[Dep. pp. 24, 25]
misdemeanors.
Q In other words, pre-trial detainees—my definition of
pre-trial detainee is one who is being held there awaiting
trial, and those convicted of misdemeanors?
A That would be right.
Q Were there any serving state sentences in the DuVall
County Jail?
A Not to my knowledge.
Any serving felony sentences in the Duvall County
Jail?
A Not to my knowledge.
Q Do you have any idea how many systems use female
guards?
A. I don’t. I really don’t know.
Q Would it be few or would it be many?
A I don't know, Mr. Newman.
Q I don’t want to put a hypothetical to you. If you had
a person who was four feet, seven inches tall and a person
who was five feet, two inches tall, and they had the same back-
ground, same educational experience, what would you base
your decision on as to whether or not to hire this person?
A I think I would have the same problem with that that
I would between any two people who had the same qualifica-
tions and the same background. I would have little apart
from my interview of which person unless he or she came
highly recommended from somebody else. I would not allow
the size or the height to be the determining factor at all.
Let's put a hypothetical that all the determining fac-
tors except the height were the same?
A I would have the same problem I suppose that I
would with anybody else.
Q What is the definition known to you of a correctional
counselor in the Alabama Prison System?
A My understanding and what it intends to be are prob-
[Dep pp. 25, 26}
ably totally two different things. My understanding is that
a correctional counselor is a rhetorical term for what used to
be called a guard.
Q And what is your understanding of the duties of a
correctional counselor?
A Same duties that a prison guard would have depend-
ing on the slot to which the officer was assigned at the time.
Q Be then to control inmates?
A. Yes.
Q Would that duty include controlling internal security ?
‘A Yes. Ingress and egress to and from barracks, to and
from work details, to and from the dining hall, all of these
kinds of inmate movement.
Q Would this include spot checks of the dormitory?
A Yes, it should certainly.
Q What about spot checks of bathroom facilities?
A Certanly, yes.
Q It is your testimony that a woman spot checks a bath-
room facility where a male’s privates would normally be ex-
posed and this would not be an invasion of his right of
privacy?
A It strikes me as funny that the Alabama Prison Sys-
tem is at all concerned with the rights of privacy of the in-
mates. It never has been before. In my opinion it doesn't
make a bit of difference whether that privacy is being invaded
by a male or a female.
Q It is a duty of a correctional counselor to strip search
an inmate?
A It could be. May be from time to time.
Q Would you feel that that would be an invasion of his
right of privacy to be strip searched by a female correctional
counselor?
A I don’t think so, no.
Q Would it be the duty of a correctional system to
[Dep. pp. 27, 28)
90
classify and segregate those inmates that are bent toward
violence from those who are not?
A It would be very helpful, yes.
Q What about separating those that are smaller and
weaker from those that are larger and stronger?
A That too could be a factor in classification, yes.
Q And what would be the purpose for this?
A. Control. Protecting inmates from each other.
Q Are you aware of any studies that have been made on
the ability of women to function as correctional officers or
guards?
A Iam not.
Q Then you would not know whether these studies if
there are any would be conclusive?
A I do not.
Q I believe you testified you were not aware of any
other system besides DuVall County that utilizes women as
guards?
A Iam not personally familiar with any, Mr. Newman.
Q Have you in your experience as the Commissioner of
Corrections in both West Virginia and in Arkansas ever had
to deal with a hostile situation?
A Yes.
Q Would that decision that you made under those
circumstances be swayed in any way if the hostage was a
female?
A It would not in any way.
Q Are you familiar with the number of females em-
ployed as guards or correctional counselors in the Alabama
Prison System?
A Iam not. I did not see any when I was there but
that doesn’t mean there are not some there.
Q You are not familiar then with the positions that they
hold as correctional counselors?
[Dep. pp. 28, 29
91
A If there are any, I am not familiar. That's correct.
Q Do you know the number of female guards in the
DuVall County Jail?
A No, I don’t know the total number.
MR. NEWMAN: That’s all I have.
REDIRECT EXAMINATION BY COUNSEL ON BE-
HALF OF PLAINTIFFS:
BY MS. HOROWITZ:
Q You testified that the only system that you are per-
sonally familiar with that uses female guards is DuVall
County Jail, is that correct?
A That's correct. The only one with which I am
familiar.
Q Is there any difference in your opinion as far as the
function of a guard is concerned between working in a prison
and working in a jail?
A I think a jail is more dangerous.
Q Why do you think that?
A Because the population is a transient population.
Many tensions and anxieties exist in a jail which do not exist
in prisons, such as frustrations over the inability to make bail,
frustration over the inability to contact counsel, or if counsel
is contacted, to make meaningful contact. The uncertainty,
the unknowing, the anxiety of simply not knowing what’s
going to happen to one makes tension greater in a jail than
it is in prison where at least the matter has been resolved
albeit against you.
There is a stability in prison which does not exist in jail.
Turnover in jails is phenomenal. Men and women are
brought into the jail who are withdrawing from drugs, who
are on trips on drugs, and who are alcoholics and have with-
drawal problems there. These kinds of problems make jails,
I believe, more difficult to deal with than prisons.
Q Mr. Sarver, you are familiar at least as a lay person
[Dep. pp. 29, 30]
with the general duties and responsibilities of a police officer
in an average city police department?
A Yes.
Q Could you base on your experience in the prison sys-
tem, make any comparison between the element of danger
involved in a police officer’s job and that involved in a prison
guard’s job?
A I think the element of danger for a policeman is
always a great deal greater than the danger factor of a prison
guard.
Q Why would you say that?
A Because of the nature of the duties and the mission
of a policeman which is to detect—investigate, detect, appre-
hend, and assist in conviction as opposed to functioning in a
relatively stable environment of a prison.
MS. HOROWITZ: Thank you. I have no more questions.
RECROSS EXAMINATION BY COUNSEL ON BE-
HALF OF DEFENDANTS:
BY MR. NEWMAN:
Q Have you ever been in charge of any institution where
the guards did not carry firearms?
A I have never been in an institution where guards do
carry firearms. We always had a saying that if you carry a
weapon into an institution it better be made out of chocolate
because you sure have to eat it.
hate to make these comparisons, but you were talk-
ing about that the only system that you are familiar with is
DuVali County. Did you have an opportunity to watch the
day to day performance of the female guards?
A Only during the period of the time that I was there.
I talked with several and inquired. I was somewhat surprised
that—I consider that quite a breakthrough. And I discussed
with them generally their responsibilities. And the impress-
ion that I got was that the female fills the typical guard’s role.
[Dep. pp. 31, 32
As I indicated earlier, my purpose in being there was not to
do that and I didn’t dwell on it at great length. But they
were uniformed officers and the only difference between them
and the other officers, they looked just exactly like any other
officers except they had skirts on.
Q And you don’t have any idea how many there were?
A I don’t know the total number. I talked with prob-
ably three. I’m sure that I observed five.
ls the DuVall County Jail a single cell type operation
or is it a dormitory type?
A Well, it’s neither. It's a very heavy maximum se-
curity type jail. It’s not very old. It has what are referred
to as bullpens and these are areas off which cells open onto a
small area. They are multiple cells but not dormitories. Some
of the cells have provisions for eight inmates, some have as
few as four, and there are some cells for two. It depended on
the flow and depended upon the degree of security. There is
pretty heavy security. It is not like a dormitory at all.
Q You have been to other systems and you are familiar
with other systems, especially Arkansas and West Virginia.
Would you say that each system has its own problems and is
different in its own way?
A There is not a substantial difference for example be-
tween Fountain and Cummins, at least as they were. Cum-
mins is very much like Fountain is now. Cummins has “come
a long way.”
Parchman is somewhat different. That’s in Mississippi.
It has some 21 separate camps.
Draper in physical plant is somewhat similar to Georgia’s
Breedsville except that it is smaller. The problems are not
vastly different. There would not be that much difference
between a felon in Alabama and a felon in Georgia or Missis-
sippi or Arkansas in confinement of a maximum security type
facility.
[Dep. pp. 32, 33]
94
The situation in Alabama is largely one of barracks.
West Virginia was a very large walled single cell institution.
And the problems, of course, in that kind of prison are vastly
different. But given the farm-based dormitory style living
there would not be a vast difference in the problems of run-
ning the two institutions.
Q When you say running is that to mean maintaining
security also?
A Well, security is always a greater problem when you
don’t have the walls for prisoners to crawl over. For that
reason some systems such as Cummins, Fountain and the one
at Angola, Louisiana refer to an escape as an elopement or a
walkoff as opposed to an escape which denotes a considerable
amount of ingenuity involved and perhaps some physical
power to get over that wall. The escape factor is greater
where the men are working out in the fields all the time.
They can walk off so much easier than they can in a maximum
security type prison.
Q What about internal security? Is there a difference
in dormitory and cells?
A Yes. The farm-based system is much, much more
difficult to control where the men are in a dormitory situ-
ation. Where men are in individual cells obviously it’s much
easier to control when they are locked in individual cells. You
can also protect them from each other.
Q. In other words, the difference in the facility would
necessitate a difference in the amount of security needed?
[Dep. p. 34
Caption of Amended Complaint No. 1 omitted.
AMENDED COMPLAINT NO. 1
Come now the plaintiffs in the above-styled cause and as
a matter of right, in accordance with Rule 15(a), F. R. C. P.,
amend their complaint as follows:
(A) By deleting from Section III. Class Action” the
foliowing language:
Plaintiff Rawlinson also represents a subclass of all
women who might be employed or are applicants for
employment with the Board of Corrections for the posi-
tion of Correctional Counselor.
and inserting in its place:
Plaintiff Rawlinson also represents a subclass of all
women who are employed, might be employed or are appli-
cants for employment with the Board of Corrections for
the position of Correctional Counselor, Correctional Coun-
selor Trainee or Correctional Officer.
(B) By adding the following paragraph:
X. FIFTH CAUSE OF ACTION
1. Defendant Board of Corrections has maintained and
continues to maintain a policy and practice of discrimination
against women in the hiring and assignment of Correctional
Counselors, Correctional Counselor Trainees, and Correctional
Officers.
2. Women are not hired or assigned as Correctional
Counselors, Correctional Counselor Trainees, or Correctional
Officers on an equal basis with their male counterparts.
8. No women are or ever have been assigned to “con-
tact” positions in any of the all-male facilities maintained by
the Board of Corrections. (“Contact” positions are those
which require constant or daily interaction with inmates, e. g.,
dormitory patrolling.)
4. The policy of the Board of Corrections in refusing
to assign women to “contact” positions in any of the all-male
institutions limits employment opportunities for women to
those positions where no inmate contact is required.
5. Defendant Board of Corrections’ policy and practice
of refusing to hire and assign women on an equal basis with
men, solely because of their sex, discriminates against Plain-
tiff Rawlinson and the members of her subclass in violation
of 42 U.S.C. § 1983 and the equal protection clause of the
fourteenth amendment.
(C) By deleting from X. Relief“ (which now becomes
section XI.) the following paragraph:
c. Award back pay to any women who have been appli-
cants for the position of Correctional Counselor but
who were not hired because of the minimum height
and weight standards.
and adding:
c. Issue its declaratory judgment that Defendant Board
of Corrections discriminates against women in the hiring and
assignment of Correctional Counselors, Correctional Counsel-
or Trainees, and Correctional Officers.
d. Issue an injunction permanently enjoining the defend-
ants from discriminating against women in the hiring and
assignment of Correctional Counselors, Correctional Counsel-
or Trainees, and Correctional Officers.
e. Award back pay to any women who have applied for
the positions of Correctional Counselor, Correctional Counsel-
or Trainee, or Correctional Officer but were not hired because
of the sexually discriminatory practices of Defendant Board
of Corrections.
97
Respectfully submitted,
JOHN L. CARROLL
PAMELA S. HOROWITZ
JOSEPH J. LEVIN, JR.
MORRIS S. DEES
1001 S. Hull Street
Montgomery, AL 36104
ATTORNEYS FOR PLAINTIFFS
MR. JUDSON C. LOCKE,
of lawful age, having been first duly sworn, testified as
follows:
DIRECT EXAMINATION
BY MR. CARROLL:
Q Would you state your name for the record, please.
A Judson C. Locke, Jr.
Q Would you agree to waive your signature to this
deposition?
A Yes,
Q Would you state your present position for me, please?
A I am Commissioner for the Board of Corrections.
Q Could you give me a work history of the jobs that
you held leading up to your present position?
A Well, I began as Institutional Classification Officer
at Fountain, presently Fountain. Then I was Chairman of
the—
Q (Interrupting) When was that, sir?
A It was in 1957. I was the Pilot, Institutional Officer
at that institution. Then, in 1961 I was transferred to Central
Classifcation where I became Classification Supervisor and
Chairman of Central Classification Board.
In 1966 I was made Director of the Frank Lee Youth
Center; and, in March or 1972 I was Warden at Kilby—that
[Dep. pp. 3, 4]
was the Medical Diagnostic Center at that time. From there,
in July of 1972, I became Deputy Commissioner and held that
position until December of 1975. And, I became Warden at
Draper and remained Warden at Draper until August of
1975, and I became—
Q (Interrupting) I think you meant December of 1974,
didn’t you?
A No.
Q December of 1975?
A 1974, excuse me, correct. I was made Warden Decem-
ber of 1974 and remained there until August of 1975, and
then I became, I was Deputy Commissioner between August
and took over as Commissioner in October of 1975.
Q I believe you mentioned you are an Institutional
Officer or Institutional Classification—
A (Interrupting) Classification Officer.
Q What were your duties as an Institutional Classifica-
tion Officer?
A Well, the duties were to assist the Warden in ad-
ministrative details in assigning inmates to institutional jobs,
and to custody determinations.
Q And you were also Warden at Draper; is that what
you said?
A Yes.
Q Were you Warden at any other facilities?
A At Kilby.
Q The Medical and Diagnostic Center?
A And I was Director at the Young Center, which is
the head of it, Institutional Head.
Q Could you give me a brief summary of your educa-
tional background, sir?
A I have a degree in Sociology, a minor in Political
Science from the University of Alabama. I have a Teacher’s
[Dep. pp. 4, 5]
Certificate from the University of Alabama, and work toward
a Master's.
Q What are your present duties as the Commissioner
of Corrections for the State?
A Well, the Commissioner works at the pleasure of the
Board of Corrections, a five member board, and under me I
have two deputy Commissioners who are appointed, and all
other employees are merit system. My duties are to plan and
to formulate plans to oversee the supervision operation of all
of our institutions, to formulate policies for this operation,
supervision.
Q I want to ask you a series of questions now about
the various merit system positions in the Alabama Adult
Correction System. What is the position of Correctional Of-
ficer? What are the particular duties of a Correctional
Officer? '
A You mean the Security Officer, the Correctional Of-
ficer Counselor?
Q Iam speaking about the classification of Correctional
Officer.
A Well, this is somewhat of a misnomer. We don't have
a Correctional Officer classification as such now in existence.
Q When was it done away with?
A When we adopted the Minimum Standards.
Q And when was that?
A This was in, I believe, it was passed in the Legislature
in 738.
Q So you no longer are hiring into the position of Cor-
rectional Officer at all; is that an accurate statement?
A Now we are re-employing some very few who are on
the re-employment registers as Correctional Officers, but to
answer your question, we are not pursuing this goal. We are
hiring as Correctional Counselors.
Q There are people presently employed as Correctional
Dep. pp. 6, 7]
100
Officers?
Yes, they are protected by the grandfather clause.
What are their particular duties?
The Correctional Officer?
orrectional Officer.
cape an ˙ 1
differentiating. We have a Security Class here comprised of
the Correctional Counselor and Officer. The duties—
Q (Interrupting) Are the same?
A (Continuing)—By and large initially the same.
Q Okay, let’s then talk about the Security Class, which
according to your testimony comprises the Correctional Coun-
selor and the Correctional Officer.
A Um hum.
Q And just to set the record straight, you are no longer
hiring people as Correctional Officers?
A That is right.
Q When you hire people into the system, you hire them
as Correctiona! Counselors?
* My policy is not to hire unless they meet the minimum
standards.
Q The Security Class, as you call them, can you describe
their duties for me, please?
A Yes, they have the over-all duty of maintaining
security of the inmate, that is custody of the inmate, control
of the inmate, to supervise him in his duty assignments, to
perform shakedown of the person and do also counseling.
Q Who determines the assignment of Correctional
Counselor/Correctional Officers in the actual institutions
themselves?
A The Warden; the Warden has the final say-so.
Q Is there a rotating, or the jobs in the institution are
on a rotating basis? In other words, a person say who sits
on the gate one day will move into another position the next
[Dep. pp. 8, 9
> r >
101
day, or are they pretty much permanent assignments?
A He should be able to—the employee should be able to
work in any position.
Q What duties do the Security Class people have that
involve contact with inmates?
A Well, you mean physical contact?
Q Physical contact.
A Per se.
Q Vs. eye contact.
A It would be in the shakedown of a person, a strip
shake, a pat down shake; also, when he would have occasion
to physically subdue the inmate obviously.
Q In the institutions like Fountain, where there are
dormitories used, Correctional Counselors patrol the dormi-
tories, is that correct?
A Well, we have posts, theoretical posts set up to where
we can afford the sufficient personnel that will be patrolling
the dormitories.
Q But that doesn’t exist right now?
A We have many dormitories that one officer sometimes
patrols, but we have a minimum, as is set up, designated ‘a
minimum of two officers per dormitory when we get up to
full strength. And, this would also include people in the
hall, ete.
Q How much of the Correctional Counselor’s day is in-
volved in dormitory patrol, or do you see that will be involved
in dormitory patrol when you implement that particular pro-
gram?
A You mean of any particular shift?
Q On a given shift, right.
A Well, if you set up a post, stationary post, and this
will be a full eight hour post, if you have two officers there
in the dormitory, then he will be there for the duration of
his shift.
[Dep. pp. 9, 10]
102
Q Now, the officers in the dormitories, will they con-
duct latrine inspections at the same time?
A Yes, they would conduct an over-all inspection, over-
all supervision, including shakedowns and counts, etc., secur-
ity checks. I wouldn’t have him sitting in a chair, for in-
stance, see.
Q In a given day, how many strip searches are con-
ducted by Correctional personnel?
A This would vary from institution to institution, ac-
cording to the operation, particular operetion that is involved
in that institution, you know, as opposed to outside—those
that work outside. If you are an institution and have inmates
employed outside the institution, you would have a strip
search coming back.
Q What institutions are we talking about?
A Then you would have the inside institutions, if this
was not employed, working outside. Any time that you have
reason to suspect that contraband is being carried from one
point to another, you would require a strip search. You do
this periodically. You do it on information. You do it
routinely, if they are going from outside to inside.
Q So, these facilities where outside personnel are
utilized, how many of them are there?
A Well, of course, all your trusty facilities and all your
work release facilities. Of course, this is a little bit different
type, when you get to work release. This is the cream of the
system. You have more trust in this type of individual. But,
you have Fountain and Draper, also Kilby, Cattle Ranch. The
only institution where you don’t have inmates employed to
any degree outside, other than to clean up and grass cutting,
would be Holman.
Q How many people, say, at Fountain are involved in
outside employment?
A Excluding work release, we have two operations; we
[Dep. pp. 11, 12
103
have work release of 140 —
Q (Interrupting) Excluding work release.
A We have about 300 on any given day, and this will
increase as we get more personnel.
How about Draper?
Draper, you would have about 400.
How about Kilby?
Kilby, you would have around, probably 30.
And how about the Cattle Ranch?
The Cattle Ranch, you would have the whole group,
* OP, Ol > ©
60.
Q So, is it your testimony that 300 people at Fountain,
400 people at Draper, 30 people at Kilby and 60 people at
Cattle Ranch, undergo strip searches when they return to the
facilities?
A No, I didn’t say every day. At Draper they undergo
strip search, those that work at the Central Warehouse and
those that work at the Highway Department; those that have
access to civilians, they undergo strip search daily.
Q And how many people are we talking about there?
A At Draper?
Q Right.
A Well, when I say this, I am saying that these par-
ticular numbers are done systematically. Now, you have
periodic shakedowns of all these people, see.
Q Periodic shakedowns of all the people that work
outside?
A Plus those that work inside periodicall d -
formation. um
Q How many times are we talking about do these
periodic searches occur?
A Oh, I would say —
Q (Interrupting) On an average.
A Average, once every ten days, other than those that
[Dep. pp. 12, 18]
104
are every day. .
Q How many would you say at Fountain are strip
searched every day?
A I would just have to estimate this. I would say
probably a hundred.
Q And how many guards are actually involved, and I
may use the term “guards” throughout, but when I say
“guard” I mean “Security Classification”?
A Uh-hum.
Q How many guards are involved in the strip search
of these 100 people?
A I would probably say 5 to 7.
Q And what is the total guard force down there, pres-
ently at Fountain?
A The total would be —
Q (Interrupting) At a given time when these strip
searches would occur?
A You mean any given shift?
Any given shift.
A It would be about 18 to 20.
Q And what are your plans for increasing this force?
How many are there going to be when the Court Order is
fully implemented?
A There will be about 35.
Q Now, at Draper, how many people are strip searched
on a daily basis?
A About 55-60.
And how many guards are involved in that strip
search?
A About 4.
And how many guards are on a given shift at
Draper?
A I would say about the same number as at Fountain,
maybe a fewer number.
[Dep. pp. 14, 15]
105
Q Now, these strip searches we are talking about all
occur during one shift, is that right, or do they occur through-
out the day?
A Well, they occur throughout the day, whenever the
occasion indicates it.
Q Iam speaking now primarily about the strip searches
that are done every day.
A Systematic?
Q The systematic strip searches.
A Yes, they would be done on one shift.
Q Now, the 30 people at Kilby, how many of those are
strip searched on a daily basis?
A They would have, I think they would probably have,
unless they had indications something had been smuggled in,
it would be just a random type strip search.
Q So there is no systematic strip search at Kilby?
A Not to my current knowledge.
Q How about the Cattle Ranch?
A No, I don’t think there would be a systematic search
over there.
ln any of the regulations that the Board of Corrections
hands down, is there any particular orders to the particular
Wardens as to how often, say, something like a latrine in-
spection is supposed to occur?
A It is general orders to this effect that they would be
conducted by certain designated personnel in the institution.
And how often?
A And as a follow-up, we have general office personnel
by directive to conduct a thorough inspection.
How often are the latrines inspected?
Daily.
During each shift, or once a day?
I think probably once a day.
In the Answers to the Interrogatories that we pro-
[Dep. pp. 15, 16]
ON Op &
106
pounded to you, and that you furnished us, there is a category
“Correctional Officer — Female”. Now, is it my understand-
ing that that position is also being phased out?
n — seetten eit & wecs tetibaiast And
what do those people that are presently Correctional Officers
— ?
FAT
here.
Where are the Correctional Officers — Female uti-
lized ?
A At Tutwiler.
usively?
rs D
tion, preliminary search of the person, where there is probable
cause at Draper and at Kilby.
Q And is the search —
A (Continuing) — And Fountain and Holman.
Q And the search these Correctional Officers Females
conduct exclusively on females?
A Females, right.
Q Are there presently male security personnel at Tut-
wiler?
A We have three.
And what are their functions at Tutwiler?
A They are assigned to a hall, and they use them to
subdue unruly female inmates.
Q Do they patrol the halls?
A No.
Q Where are they. stationed?
A They have one station at night there, in the hall area,
not in — in other words, they have dormitories there and they
are locked in after 10:00 at night, and he is in the ctral
hall area on that night shift, and then you have one at a back
[Dep. pp. 17, 18]
107
tower during the day.
Q If a female inmate —
A (Continuing) — and one during visitor’s on a Sunday.
Q If a female inmate becomes unruly on the cellblock
stair or dormitories at Tutwiler, however you want to describe
them, does the male person there on duty go into the female
area?
A Only when summoned by the supervisory staff there,
and under their supervision.
Q Does the Board of Corrections presently employ wo-
men in the Security Force outside of the women that are at
Tutwiler?
A Yes, as Correctional Counselor. We have 46, as a
matter of fact.
Q How long have you employed women in the position
of Correctional Counselor?
A We have employed them at Tutwiler since there has
been a woman’s prison, from time immemorial.
Q How about at an all male institution?
A We have, I think the first female employed other
than at Tutwiler probably was at the Frank Lee Youth Cen-
ter as a Youth Development Officer was the position. She was
basically a stenographer-interviewer-counselor type, and then
after that, to further answer your question, we began hiring
the Correctional — not Correctional but the — yes, the Cor-
rectional Counselor
Q You said that there are now 46 women employed with
the Board?
A There may be a few more, but as of a week ago or
two ago.
Q Where are these women assigned to, are some assigned
to Tutwiler and some assigned to the male institutions?
A Some are assigned to Tutwiler; do you want me to
name the institutions?
[Dep. pp. 19, 20]
2
ee
oS Ss ———|-- --
108
Q Please. If you have numbers, I realize you have an-
swered these questions in Interrogatories, but for purposes
of our discussion, if you have numbers that would aid in the
questioning.
A I can’t break it down by institutions, but I can state
that most of them are hired at Tutwiler. You have some at
Kilby and Draper, I think maybe at Draper 3, some at the
Youth Center, some employed in work release, pre-release,
work-pre-release, and Fountain and Holman.
Q How many Correctional Counselors, as a rough esti-
mate, are now employed at Holman?
A Correctional Counselors?
Q Correctional Counselors. Female Correctional Coun-
selors, I’m sorry.
A At Holman I would say probably no more than 4.
Q How about at Fountain?
A Fountain, I think they have 5 there in Fountain prop-
er. They may have some more on pre-release.
Q Now, the Answers to your Interrogatories show that
there are two females employed at Holman; has that increased,
or is it 2, 3, 4?
A I believe there are 3 there, the last, I was down there
two weeks ago and I saw 2.
Q And your Interrogatories also say 3 at Draper; is
that about correct?
A Yes, it wouldn't be over 3.
Q And 8 at G. K. Fountain?
A I believe we have 5 there now.
Q These 2, 3 or 4, how many female Correctional Coun-
selors there are at Holmon, what specific duties do they per-
form at the institution itself?
A One of them is assigned to the main entrance and
maintains a register of visitors, and does other office type
work. She doubles for secretary. I am sure she is utilized on
[Dep. pp. 20, 21]
109
the visits to do some of the preliminary superficial shakedown
of women. Another one is engaged in the central control.
Q What is the Central Control?
A This is the electronic nuclear cell for opening gates.
You have switches and what-not.
Q Do you have any idea where the other ones are
assigned, if they are there, they are assigned in a similar
type job?
A I think it would be in a similar type.
Q Do any of the women assigned to Holman have any
contact or are in contact with the inmates?
A No, I would say not.
Q Now at G. K. Fountain, the f
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