# Appendix — Dothard v. Rawlinson

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## Record

- **Collection:** Supreme Court brief
- **Document type:** Appendix
- **Published:** January 1, 1977
- **Citation:** 433 U.S. 321

## Text

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
12/19/75

12/29/75
12/30/75

1/29/76

2/3/76
2/3/76

2/6/76
2/9/76

2/17/76

2/17/76
2/27/76
3/4/76

3/15/76
3/15/76
3/15/76
3/18/76

3/19/76

8/29/76
4/1/76

3
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

4/1/76

4/1/76
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4/7/76

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5/4/76
6/28/76

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7/23/76

7/23/76

4

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
1 lp

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79.02 | o | 79.02 | M * a AS
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n. 4 | © | 73.2% 1 T. M
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2 — | /-23-7%

whe declined aad copies

ond selects © nee-veteree et
eee te the eeprepriate A U 1

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
* ot bre 7 any * F leaving bervies e 7 peslilents) e 1 c reer
N

an d 8 ei 8 chr e Tea 8 2 * * " |

ner . -
e a Ta a
{ 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. —

‘
.

’
*
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.
Streit, Sandra Ree 76.20 0 6. 20 2
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70.33 3 — 117
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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

[Text truncated at 120,000 characters. The full text is on the page linked above.]

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385004_0647%3A02. Public record. Not legal advice.