Case: Sims v. Montgomery County

2:72-cv-03708 | U.S. District Court for the Middle District of Alabama

Filed Date: June 26, 1972

Closed Date: June 9, 1998

Clearinghouse coding complete

Case Summary

This litigation involves two class-action lawsuits: Sims v. Montgomery County, a class of African American employees suing Montgomery County Sheriff’s Department for racially discriminatory employment practices, and Williams v. Montgomery County Sheriff’s Department, a class of female employments suing the department for sex discrimination. Williams was filed ten years after Sims.On June 26, 1972, two African American employees filed a lawsuit on behalf of a class of black county employees agai…

This litigation involves two class-action lawsuits: Sims v. Montgomery County, a class of African American employees suing Montgomery County Sheriff’s Department for racially discriminatory employment practices, and Williams v. Montgomery County Sheriff’s Department, a class of female employments suing the department for sex discrimination. Williams was filed ten years after Sims.

On June 26, 1972, two African American employees filed a lawsuit on behalf of a class of black county employees against the Montgomery County Commission and various county officials in the U.S. District Court for the Middle District of Alabama. The plaintiffs claimed that they were denied employment as probate clerks in the Montgomery County probate office on the basis of their race in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2, and the Fourteenth Amendment to the Constitution. The plaintiffs sought injunctive relief from the Commission’s racially discriminatory employment practices.

A year later, on March 22, 1973, Judge Myron H. Thompson entered a consent decree requiring that all hiring and personnel practices and programs and procedures must be conducted on a nondiscriminatory basis without regard to race, color, creed, or national origin. The 1973 decree also set forth systematic and specific procedures to govern recruitment, hiring, promotions, and job classifications. The court retained jurisdiction for purpose of modifying the order as well as the terms of the plan.

Almost ten years later, on April 22, 1981, the court allowed five African American women to intervene as plaintiffs in order to seek relief for racial discrimination claims. On July 1, 1982, Judge Thompson held that four of the plaintiffs were denied employment on the basis of their race and they were entitled to an award of back pay and instatement in the positions sought. Sims, 544 F.Supp. 420.

Then, in 1982, a class of female employees and applicants for employment charged the department with sex discrimination. On September 12, 1983, the court certified a plaintiff class of “all past, present, and future female employees of the Montgomery County Sheriff's Department.” Johnson, 99 F.R.D. 562. The Johnson plaintiffs alleged the following: first, the departmental officials assign officers to jobs and shifts based on the officers' sex; second, male officers in the department have sexually harassed female officers; third, departmental officials have retaliated against two female officers because of their participation in this litigation. In May 1991, Williams and Love substituted Johnson as class representative when Johnson was dismissed as a plaintiff.

Two years later, on January 8, 1985, the court approved and entered a consent decree prohibiting the department from discriminating against its female officers and requiring that it adopt new nondiscriminatory policies with regard to promotions, transfers, and job and shift assignments. Johnson, 604 F. Supp. 1346.

In 1986, the Johnson plaintiffs filed a request for additional relief. In a 1986 supplemental consent decree resolving the request, the department agreed to hire an independent consultant to develop promotion procedures for all ranks as required by the 1985 decree.

Three years later, on May 26, 1988, four African American officers in the Montgomery County Sheriff’s Department moved to intervene in the Sims case. They alleged that the department continued to discriminate against black officers. The court allowed this intervention and certified a new plaintiff class (“the Scott intervenors”), consisting of all past, present, and future black officers in the Sheriff’s Department. The Scott class alleged a number of different claims of race discrimination: individual and class claims of disparate treatment, retaliation, and harassment. Also in 1988, the Johnson plaintiffs charged that the department continued to discriminate against women. This resulted in litigation over the next two years.

On November 27, 1990, Judge Thompson ruled that the Scott intervenors prevailed partly in demonstrating racial discrimination and were therefore entitled to injunctive relief. Specifically, Judge Thompson found that the African American officers established racial discrimination through hostile working environment; racial harassment; widespread use of racially derogatory language; and disparate treatment in promotions, personnel decisions and discipline. However, they failed to sufficiently support disparate impact claims. As a result, the class was awarded a permanent injunction prohibiting the Sheriff's Department from assigning its officers to patrol cars and to neighborhoods based on an officer’s race. In addition, The Sheriff's Department was also required to change its procedures with regard to promotions, discipline, transfers, and job assignments. Finally, the Scott intervenors were entitled to recover reasonable attorney's fees and expenses. Sims, 766 F. Supp. 1052.

As for the Johnson plaintiffs, Judge Thompson ruled that female officers established claims of sex discrimination in job shifts and assignments and sexual harassment under both quid pro quo and hostile environment theories. As a result, the court permanently enjoined the defendants from enforcing sexually discriminatory policies and discriminating against female officers in the assignment of jail recreational officers. In addition, the court prohibited the defendants from engaging in sexual harassment of female officers. Lastly, the Johnson plaintiffs were entitled to recover reasonable attorney's fees and expenses. Sims, 766 F. Supp. 1052.

On the same day, the court also permitted a group of white male deputies to intervene in this litigation. These white male deputies claimed that the department promoted black deputies instead of white deputies to the rank of “law enforcement sergeant” on the basis of race in violation of federal law. The court certified them as a class (“the Dodson intervenors”) for the purpose of challenging promotion procedures within the department on May 18, 1992. The Dodson intervenors named the following as defendants: the Montgomery County Sheriff's Department, the Montgomery County Commission; the Montgomery City–County Personnel Board, the Montgomery County Commissioners in their official capacities, and the County Sheriff and Chief Deputy in their official capacities. The Dodson intervenors charged that the defendants violated the Fourteenth Amendment, Title VI and VII of the Civil Rights Act of 1964, and the Omnibus Crime Control and Safe Streets Act of 1968.

On May 7, 1991, the Sheriff’s Department submitted to the court for review and approval a proposed Manual of Policies and Procedures for the Montgomery County Sheriff’s Office. The Manual was offered to satisfy the requirements to adopt a permanent plan to provide nondiscriminatory procedures set forth in the 1990 injunction. 766 F. Supp. 1052. The court approved the Manual and ordered the department to implement the Manual. The Sheriff’s Department later submitted new promotion procedures, which were also approved by the court.

On October 20, 1994, all parties except the Dodson intervenors joined in a motion for approval of a permanent promotion plan for the ranks of sergeant, lieutenant, and captain in both the law enforcement and corrections divisions of the department. The defendants requested that the court move with dispatch because the proposed plan had a beginning date of January 1, 1995. On December 7, 1994, after giving public notice of the proposed plan and holding two fairness hearings pursuant to Rule 23(e) of the Federal Rules of Civil Procedure and 42 U.S.C.A. § 2000e–2(n)(1), the court entered an order summarily approving the proposed plan, without giving any reasons for approval.

The court offered a memorandum explaining why it approved the plan on July 3, 1995. As to Sims plaintiffs, Williams plaintiffs, and Scott Intervenors. The court found that the settlement was fair, adequate, and reasonable. Though a number of the Dodson intervenors objected to the proposed permanent promotion plan claiming that the plan would have an adverse impact on their hiring, the court found that this claim was premature, as there were not yet any specific selection applied to create such an impact. The Dodson intervenors also objected for a number of other reasons, but the court sustained none of them. 890 F. Supp. 1520. The Dodson Intervenors went on to appeal this decision. The Eleventh Circuit affirmed without an opinion on June 24, 1997.

Meanwhile, both the Dodson intervenors and the defendants filed for summary judgment motions on the intervenors’ challenge to a 1988 promotion of black sergeants. On December 29, 1994, the court granted summary judgment for the defendants, rejecting the Dodson class’s claims that the department promoted black deputies instead of white deputies on the basis of race, in violation of federal law. The court pointed out that the Dodson intervenors claims are inconsistent because they sometimes appeared to be challenging the legality of the 1973 Sims decree, but sometimes appeared to be challenging the defendants’ interpretation of the decree. Sims, 873 F. Supp. 585.

On February 28, 1995, the Scott intervenors appealed this decision to the U.S. Court of Appeals for the Eleventh Circuit. This appeal was dismissed on April 17, 1996, because the district court had not resolved all the substantive issues in the class action.

Also during 1995, the court approved a settlement agreement between the Williams plaintiffs and the defendants that determined the procedures for selecting a new administrator for the Montgomery county jail. As a result of those procedures, no administrator was selected. So on September 22, the County moved to amend the consent decree to allow for the hiring of an interim administrator and to re-open the search for candidates. The Court approved this on July 2, 1996.

On November 12, 1997, the defendants filed a motion to terminate the Sims litigation. The court required the defendants to give notice to all plaintiff class members and conducted a fairness hearing on April 9, 1998. The court concluded that the notice and fairness hearing were sufficient under the Civil Rights Act of 1991.

On June 9, 1998, Judge Thompson ruled that the county had achieved the objectives of the 1973 plan for remedying racial discrimination in employment and the county sheriff was in compliance with a 1990 injunction prohibiting further employment discrimination. Thus, the Sims case was dismissed. Sims, 9 F.Supp.2d 1281. However, the Johnson/Williams litigation continued.

On April 7, 2000, the defendants filed a motion to terminate the Johnson/Williams litigation and the motion was granted on June 20, 2000. Judge Thompson thereby dismissed the lawsuit in its entirety. On August 15, 2000, Judge Thompson denied the plaintiffs’ motion for Attorney Fees, Costs, and Expenses.

Both the Sims and Johnson litigation are closed.

Summary Authors

Sichun Liu (1/26/2020)

Related Cases

Johnson v. Montgomery County Sheriff's Department, Middle District of Alabama (1982)

People


Judge(s)

Coody, Charles S. (Alabama)

Thompson, Myron Herbert (Alabama)

Attorneys(s) for Plaintiff

Sabel, Mark Wayne Jr. (Alabama)

Attorneys(s) for Defendant

Adams, John Wesley Jr (Alabama)

Clinton, Cynthia Williams (Alabama)

Means, Tyrone Carlton (Alabama)

Thomas, Kenneth L. (Alabama)

Weinberg, Robert M. (Alabama)

Other Attorney(s)

Active

Judge(s)

Coody, Charles S. (Alabama)

Thompson, Myron Herbert (Alabama)

Attorneys(s) for Plaintiff

Sabel, Mark Wayne Jr. (Alabama)

Attorneys(s) for Defendant

Adams, John Wesley Jr (Alabama)

Clinton, Cynthia Williams (Alabama)

Means, Tyrone Carlton (Alabama)

Thomas, Kenneth L. (Alabama)

Weinberg, Robert M. (Alabama)

Other Attorney(s)

Flack, David George (Alabama)

Documents in the Clearinghouse

Document

2:82-cv-00717

Docket

Williams v. Mtg. City Sheriff Department

Aug. 15, 2000

Aug. 15, 2000

Docket

Opinion

544 F.Supp. 420

July 1, 1982

July 1, 1982

Order/Opinion

Memorandum Opinion

766 F.Supp. 1052

Nov. 27, 1990

Nov. 27, 1990

Order/Opinion

Memorandum Opinion

873 F.Supp. 585

Dec. 29, 1994

Dec. 29, 1994

Order/Opinion

Memorandum Opinion

9 F.Supp.2d 1281

June 9, 1998

June 9, 1998

Order/Opinion

Resources

Docket

Last updated June 3, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link

DOCKET ENTRY NOS. BEGIN 1/3/95 (dmk) (Entered: 02/01/1999)

Oct. 12, 1982

Oct. 12, 1982

COMPLAINT (dmk) (Entered: 02/01/1999)

Oct. 12, 1982

Oct. 12, 1982

ANSWER to Complaint by Mtg. Cty Sheriff Dep, Dan Jones, Calvin Huggins, Willie McKitt Jr., R. E. Singleton, Montgomery Cty Comm, David Stockman, City−Cty Person. Bd. (dmk) (Entered: 02/01/1999)

Nov. 10, 1982

Nov. 10, 1982

AMENDMENT TO COMPLAINT by Sallie Williams, Johnie Love amending [0−1] complaint (dmk) (Entered: 02/01/1999)

March 16, 1983

March 16, 1983

ORDER, JUDGMENT AND DECREE (1) that plaintiff's request for class certification be and it is hereby granted; (2) that a class be and it is hereby certified as consisting of all past, present and future female employees of the Montgomery County Sheriff's Department and all present and future female applicants for positions in the Montgomery County Sheriff's Dept., all to be represented by the named plaintiff Lois Johnson; further ordered that the scheduling order entered this date be and is hereby applicable to the trial of this case on the merits (copies mailed to counsel) (dmk) (Entered: 02/01/1999)

Sept. 12, 1983

Sept. 12, 1983

Pre−Trial Conference held before Judge Myron H. Thompson on 7/10/84 (dmk) (Entered: 02/01/1999)

July 10, 1984

July 10, 1984

ORDER overruling objection to proposed settlement and approving proposed settlement; copies mailed to counsel. (dmk) (Entered: 02/01/1999)

Jan. 8, 1985

Jan. 8, 1985

ORDER granting plaintiff's motion for leave to add a party defendant; directing the USM to personally serve plaintiffs 4/4/86 motion for additional relief on members of the Montgomery Co. Commission and David Stockman; setting plaintiff's motion for additional relief for hearing on 6/4/86; allowing parties until 5/16/86 to complete discovery and exchange lists of witnesses and exhibits; setting a status conference for 5/21/86; copies mailed to counsel; delivered to USM for service. (dmk) (Entered: 02/01/1999)

April 8, 1986

April 8, 1986

SUPPLEMENTAL CONSENT ORDER AND DECREE setting out promotions; payment of attorney's fees to plaintiff's counsel agreed upon by parties; copies mailed to counsel. (dmk) (Entered: 02/01/1999)

July 24, 1986

July 24, 1986

Case reopened (dmk) (Entered: 02/01/1999)

Oct. 14, 1988

Oct. 14, 1988

Pre−Trial Conference held before Judge Myron H. Thompson on 1/25/89 (dmk) (Entered: 02/01/1999)

Jan. 25, 1989

Jan. 25, 1989

Non−jury trial held before Judge Myron H. Thompson on 2/6−2/9/89; 2/15−17/89; 2/22−24/89; 3/2−3/3/89; 3/27−3/28/89 3/30−3/31/89; 4/27/89 (3708−N and 82−717−N) (dmk) Modified on 02/01/1999 (Entered: 02/01/1999)

Feb. 6, 1989

Feb. 6, 1989

ORDER AND PRELIMINARY INJUNCTION that defendant Montgomery County Sheriff's Department is preliminarily enjoined and restrained from continuing its policy of requiring only female correctional officers to serve on all shifts and at all times in the 2 North section of the Montgomery County Detention Facility (CA Nos. 2708−N and 82−717−N) ( signed by Judge Myron H. Thompson ) , copies mailed to counsel. (dmk) (Entered: 02/01/1999)

Feb. 9, 1989

Feb. 9, 1989

ORDER granting defendant's 2/2/89 motion for leave to add Montgomery City−County Personnel Board as a defendant ( signed by Judge Myron H. Thompson ) , copies mailed to counsel. (dmk) (Entered: 02/01/1999)

Feb. 14, 1989

Feb. 14, 1989

MEMORANDUM OPINION (3708−N and 82−717−N) ( signed by Judge Myron H. Thompson ), copies mailed (dmk) (Entered: 02/01/1999)

Nov. 27, 1990

Nov. 27, 1990

JUDGMENT AND INJUNCTION (3708−N and 82−717−N) granting the Johnson class's second motion to compel with compliance with consent decree; that judgment is entered in favor of the Johnson class; that the defendants,the Montgomery Co. Sheriff's Dept., etc. are ENJOINED AND RESTRAINED as further set out in the Judgment and Injunction; that said defendants shall submit to the court within 60 days a temporary plan to redress sexual harassment in the Montgomery Co. Sheriff's Dept.; that said defendants shall submit to the court within 12 months a permanent plan to redress sexual harassment in the Montgomery Co. Sheriff's Dept.; that the Johnson class members Sallie Williams and Johnie Love have not been victims of retaliation as claimed; that the Johnson class is allowed 21 days from the date of this order to file its request for reasonable attorney's fees and expenses; that judgment is entered in favor of the Scott class, and named plaintiff−intervenors W. T. Scott, Melvin Turner, Addie Berry and Cinda Brown; that the defendants the Montgomery Co. Sheriff's Dept., etc. are ENJOINED AND RESTRAINED as further set out in the Judgment and Injunction; that said defendants shall submit to the court within 12 months a permanent plan to redress racial harassment in the Montgomery Co. Sheriff's Dept.; that said defendants shall submit to the court within 6 months new, nondiscriminatory procedures regarding promotions, discipline, transfers and job assignments in the Montgomery Co. Sheriff's Dept; that the Scott class is allowed 21 days from the date of this order to file its request for reasonable attorney's fees and expenses; that the court retains jurisdiction of these 2 causes of action; that the clerk of the court issue a writ of injunction; that the USM serve a copy of the memorandum opinion and judgment and injunction entered by the court today on defendants the Sheriff, the Chief Deputy, the Asst. Chief Deputy, the Jail Administrator for the Mntgomery Co. Sheriff's Dept. ( signed by Judge Myron H. Thompson ) , copies mailed. (dmk) (Entered: 02/01/1999)

Nov. 27, 1990

Nov. 27, 1990

Intervenor's COMPLAINT (dmk) (Entered: 02/01/1999)

Nov. 27, 1990

Nov. 27, 1990

Case reopened (dmk) (Entered: 02/01/1999)

May 16, 1991

May 16, 1991

ORDER granting 12/17/90 motion of plaintiff Lois Johnson to substitute class representative; that Lois Johnson is dismissed as plaintiff; that Sallie Williams and Johnie Love are added as plaintiffs and are substituted for Johnson as plaintiff class representatives ( signed by Judge Myron H. Thompson ) , copies mailed. (dmk) (Entered: 02/01/1999)

May 20, 1991

May 20, 1991

FIRST AMENDED intervenor's COMPLAINT : amending [0−1] intervenor complaint (dmk) (Entered: 02/01/1999)

June 11, 1991

June 11, 1991

NOTICE OF APPEAL from orders entered 11/27/90, 6/5/91 and 6/12/91 by Mtg. Cty Sheriff Dep, Dan Jones, Calvin Huggins, Willie McKitt Jr., R. E. Singleton, Montgomery Cty Comm, David Stockman . FILING FEE $ 105.00 RECEIPT # 40981 (dmk) (Entered: 02/01/1999)

July 3, 1991

July 3, 1991

ORDER and INJUNCTION that defendants motion for approval of manual of policies and procedures for the Montgomery Co. Sheriff's Dept. is granted in that (1) the defendants, the Montgomery Co. Sheriff's Dept., its Sheriff, its Chief Deputy, its Asst. Chief Deputy and its Jail Administrator and their officers, agents, servants, employees and those persons in active concert or participation with them who receive actual notice of this order by personal service or otherwise be and they are each hereby ENJOINED AND RESTRAINED from failing to implement forthwith the manual of policies and procedures for the Montgomery Co. Sheriff's Dept. submitted by the defts.; (2) the approval by the court is with leave to any party to file a challenge to the manual within one (1) year from the date of this order; (3) the approval by the court is also subject to further negotiation by the parties and review by the court within 90 days with regard to matters as set forth in items (a. thru e.) in order; (4) setting status conference re: creation of "Human Resource Counsel" for 9/26/91 ( signed by Judge Myron H. Thompson ) , copies mailed. (dmk) (Entered: 02/01/1999)

July 25, 1991

July 25, 1991

ORDER denying as resolved and moot the Scott intervenors' motion to enforce judgments; denying as resolved and moot said intervenors' motion for additional relief; denying as resolved and moot said intervenors' motion for approval of a county personnel board; overruling as moot the defendant Montgomery City−County Personnel Board's objection ( signed by Judge Myron H. Thompson ) , copies mailed. (dmk) (Entered: 02/01/1999)

July 25, 1991

July 25, 1991

ORDER and INJUNCTION that the motion for approval of education program on sexual harassment issues is hereby granted; that the defendants Montgomery Co. Sheriff's Dept., its Sheriff, its Chief Deputy, its Asst. Chief Deputy, and its Jail Administrator, and their officers, agents, servants, employees, and those persons in active concert or participation with them who receive actual noticeof this order by personal service or otherwise be and they are each hereby ENJOINED and RESTRAINED from failing to implement said education program immediately ( signed by Judge Myron H. Thompson ) , copies mailed. (dmk) (Entered: 02/01/1999)

July 25, 1991

July 25, 1991

ORDER and INJUNCTION granting the motion for approval of training program to eliminate racial harassment, filed by Scott intervenors on 6/21/91 and amended on 7/31/91; that defendants and those persons in active concert or participation with them who receive actual notice of this order are ENJOINED AND RESTRAINED from failing to implement said training program immediately (3708−N and 82−717−N) ( signed by Judge Myron H. Thompson ) , copies mailed. (dmk) (Entered: 02/01/1999)

July 31, 1991

July 31, 1991

ORDER AND INJUNCTION (3708−N and 82−717−N) that partie's joint petition for approval of interim plan for compliance with outstanding court orders on hiring and promotions is granted; that the interim plan submitted by the parties is approved; that defts. Montgomery Co. Sheriff's Dept., the Montgomery Co. Commission and the Montgomery City−County Personnel Bd. are ENJOINED AND RESTRAINED from failing to adopt and comply with the interim plan ( signed by Judge Myron H. Thompson ) , copies mailed. (dmk) (Entered: 02/01/1999)

Jan. 13, 1992

Jan. 13, 1992

Pre−Trial Conference held before Judge Myron H. Thompson on 2/20/92 (dmk) (Entered: 02/01/1999)

Feb. 20, 1992

Feb. 20, 1992

Non−jury trial held before Judge Myron H. Thompson on 3/16−3/20/92 on individual claims of Scott Intervenors (dmk) (Entered: 02/01/1999)

March 16, 1992

March 16, 1992

ORDER (3708−N and 82−717−N) adopting the recommendation of the U. S. Magistrate Judge acting as a Special Master entered 3/13/92; that the motion to dismiss filed by the Scott intervenors on 3/9/92 is granted; that the individual claim of James Tymes is dismissed with prejudice but without prejudice as to any other pending claimes of the other individual claimants ( signed by Judge Myron H. Thompson ) , copies mailed. (dmk) (Entered: 02/01/1999)

April 6, 1992

April 6, 1992

ORDER granting Dodson intervenors' second motion for class certification filed 6/14/91; certifying a class of defendant−intervenors as consisting of all those past, present, and future white male officers of the Montgomery County Sheriff's Dept.; that said class be represented by intervenors Albert B. Dodson, Steven R. Parker, Jon M. Highland, Mark C. Thompson, Wm. H. Mills, Travis A. Parker, Gregory D. Beidleman, Robert L. Ingram and Robert A. Stone ( signed by Judge Myron H. Thompson ) , copies mailed. (dmk) (Entered: 02/01/1999)

May 18, 1992

May 18, 1992

ORDER denying defendants motions for summary judgment on individual claims filed 3/2/92 on Alvah W. Reid, Sr., Marcus Davis, Minnie Gadson, Willie Holdren, Addie Berry, Willie Dejarnette, and Charles Marlow; denying cross−motion for summary judgment on individual claims of Wm. Howell and Terence Crawford ( signed by Judge Myron H. Thompson ) , copies mailed. (dmk) (Entered: 02/01/1999)

May 20, 1992

May 20, 1992

Pre−Trial Conference held before Judge Myron H. Thompson on 10/16/92 (dmk) (Entered: 02/01/1999)

Oct. 16, 1992

Oct. 16, 1992

CONSENT DECREE that pursuant to paragraph (2)(c−d) of the 11/27/92 1990 judgment and injunction of this court, defendants shall implement and enforce relief for Lieutenant W. T. Scott as further set out in consent decree; that pursuant to paragraphs (2)(e−f) of the 11/27/92 judgment and injunction, defendant shall implement and enforce relief for Captain Melvin Turner as further set out in consent decree (3708−N and 82−717−N) ( signed by Judge Myron H. Thompson ) , copies mailed. (dmk) (Entered: 02/01/1999)

Nov. 20, 1992

Nov. 20, 1992

CONSENT DECREE enjoining and constraining the Montgomery Co. Sheriff's Dept., its agents, officers and employees and all persons in active concert or participation from discriminating on the basis of race against any class member referenced herein and from failing to implement and comply with its provisions of this decree as further set out; that defendants agree to remove and purge from the personnel files of Derinda Hinton, Norman Pettis, Michael Williams, Stoney Davis the items as further set out; that within 30 days from this date, defendants agree to pay Marcus Davis $1,353.59 as damages; that within 30 days from this date, the defendants agree to pay Robert Means $2,001.73 as damages; that within 30 days from this date, each of the class members referenced herein shall execute a release exonerating the defendants, their agents, officer or employees of any further liability as further st out ( signed by Judge Myron H. Thompson ) , copies mailed. (dmk) (Entered: 02/01/1999)

Dec. 4, 1992

Dec. 4, 1992

ORDER granting joint petition for approval of interim plan for selection of identification officer; approving the interim plan ( signed by Judge Myron H. Thompson ) , copies mailed. (dmk) (Entered: 02/01/1999)

Dec. 10, 1992

Dec. 10, 1992

Pre−Trial Conference held before Judge Myron H. Thompson on 5/27/94 (dmk) (Entered: 02/01/1999)

May 27, 1994

May 27, 1994

JUDGMENT overruling the objections filed by claimants William Howell, Terence Crawford and Minnie Gadson; adopting the recommendation of the U. S. Magistrate Judge entered on 7/11/94; entering judgment in favor of defendants and against claimant Gadson, with claimant Gadson taking nothing by her claim; entering judgment in favor of claimants Crawford and Howell and against defendants; that claimants Crawford and Howell have and recover from defendants nominal damages of $1.00 each; allowing the claimants Crawford and Howell until 1/6/95 to file any request for attorney's fees and taxing costs against defendants for which execution may issue ( signed by Judge Myron H. Thompson ) , copies mailed.(dmk) Modified on 02/01/1999 (Entered: 02/01/1999)

Dec. 22, 1994

Dec. 22, 1994

JUDGMENT overruling the objections filed by defendants on 6/8/94; overruling the objections filed by claimants Addie Berry, Willie Holdren, Willie DeJarnette, and Charles Marlow on 6/9/94; adopting the recommendation of the U. S. Magistrate Judge entered on 5/27/94; entering judgment in favor of defendants and against claimants Berry, Holdren, DeJarnette, and Marlow on their claims, with said claimants taking nothing by their claims; taxing costs against claimants Berry, Holdren, DeJarnette, and Marlow, for which execution may issue. ( signed by Judge Myron H. Thompson ) , copies mailed. (dmk) Modified on 02/01/1999 (Entered: 02/01/1999)

Dec. 22, 1994

Dec. 22, 1994

Case closed (dmk) Modified on 02/01/1999 (Entered: 02/01/1999)

Dec. 22, 1994

Dec. 22, 1994

MEMORANDUM OPINION ( signed by Judge Myron H. Thompson ), copies mailed (dmk) Modified on 02/01/1999 (Entered: 02/01/1999)

Dec. 29, 1994

Dec. 29, 1994

JUDGMENT granting defendants' motions for summary judgment, etc. filed on 10/26/92 and 2/2/93; denying Dodson Intervenors' motions for summary judgment filed 1/6/93 and 1/11/93 and motion for reconsideration, etc. filed 10/19/92; entering judgment in favor of Mtg. Cty Sheriff Dep, Dan Jones, Calvin Huggins, Willie McKitt Jr., R. E. Singleton, Montgomery Cty Comm, David Stockman, City−Cty Person. Bd. against Albert Dodson, Steven R. Parker, Jon M. Highland, Mark C. Thompson, William H. Mills, Travis A. Parker, Gregory D. Beidleman, Robert L. Ingram, Robert A. Stone with said intervenors to take nothing by their complaint in intervention; taxing costs against Dodson Intervenors for which execution may issue ( signed by Judge Myron H. Thompson ), copies mailed. PLRA Notice mailed. (dmk) Modified on 02/01/1999 (Entered: 02/01/1999)

Dec. 29, 1994

Dec. 29, 1994

2

ORDER setting status hearing on 1/19/95 at 8:45 a.m. re: motion for clarification motion for supplemental relief and motion for payment of attorneys' fees. ( signed by Judge Myron H. Thompson ) , copies mailed. (dmk) (Entered: 02/01/1999)

Jan. 5, 1995

Jan. 5, 1995

3

ORDER setting motion to reconsider, etc. filed by claimants Addie Berry, Willie Holdren, Willie DeJarnette, and Charles Marlow on 1/3/95 for submission without oral argument on 1/18/95 with all briefs due by said date ( signed by Judge Myron H. Thompson ) , copies mailed. (dmk) (Entered: 02/01/1999)

Jan. 6, 1995

Jan. 6, 1995

4

MOTION by Mtg. Cty Sheriff Dep, Dan Jones, Calvin Huggins, Willie McKitt Jr., R. E. Singleton, Montgomery Cty Comm, David Stockman, City−Cty Person. Bd. to Extend Time for filing bill of costs referred to Judge Myron H. Thompson (dmk) (Entered: 02/01/1999)

Jan. 6, 1995

Jan. 6, 1995

5

MOTION by claimant Sylvester Hardy for court to set hearing date on individual claim for Sylvester Hardy referred to Judge Myron H. Thompson (dmk) (Entered: 02/01/1999)

Jan. 10, 1995

Jan. 10, 1995

6

ORDER granting [4−1] motion to Extend Time for filing bill of costs ( signed by Judge Myron H. Thompson ) , copies mailed. (dmk) (Entered: 02/01/1999)

Jan. 11, 1995

Jan. 11, 1995

7

Bill of costs received in the amount of $ 2,871.75 entered by Mtg. Cty Sheriff Dep, Dan Jones, Calvin Huggins, Willie McKitt Jr., R. E. Singleton, Montgomery Cty Comm, David Stockman, City−Cty Person. Bd. to be taxed against Dodson Intervenors per judgment entered 12/29/94 (dmk) (Entered: 02/01/1999)

Jan. 11, 1995

Jan. 11, 1995

8

Bill of costs received in the amount of $ 2,782.82 entered by Mtg. Cty Sheriff Dep, Dan Jones, Calvin Huggins, Willie McKitt Jr., R. E. Singleton, Montgomery Cty Comm, David Stockman, City−Cty Person. Bd. to be taxed against Addie Berry, Willie Holden, Willie De Jarnette, Charles Marlow and Minnie Gadson per Judgment entered 12/22/94 (dmk) (Entered: 02/02/1999)

Jan. 12, 1995

Jan. 12, 1995

10

ORDER TO SHOW CAUSE in writing by 1/25/95 why Dodson intervenors' motion for reconsideration, etc. filed 1/12/95 should not be granted; directing clerk of the court to notify counsel by telephone : ( signed by Judge Myron H. Thompson ) , copies mailed to counsel; counsel notified by telephone. (dmk) (Entered: 02/02/1999)

Jan. 17, 1995

Jan. 17, 1995

11

MEMORANDUM in support of [1−1] motion for Reconsideration of [0−1] order denying individual promotions claims for Deputies Berry, Hildren, DeJarnette, and Marlow by Scott Intervenors (3708−N); referred to Judge Myron H. Thompson (dmk) (Entered: 02/02/1999)

Jan. 18, 1995

Jan. 18, 1995

12

MOTION by Mtg. Cty Sheriff Dep, Dan Jones, Calvin Huggins, Willie McKitt Jr., R. E. Singleton, Montgomery Cty Comm, David Stockman, City−Cty Person. Bd. to Extend Time to file brief in opposition to Scott intervenors' motion tor econsider judgment ; referred to Judge Myron H. Thompson (dmk) (Entered: 02/02/1999)

Jan. 18, 1995

Jan. 18, 1995

Status Conference held before Judge Myron H. Thompson on 1/19/95 (dmk) (Entered: 02/02/1999)

Jan. 19, 1995

Jan. 19, 1995

14

ORDER setting (a) motion for clarification filed by defendants on 12/20/94 (b) motion for supplemental relief filed by the William class on 12/22/94, and (c) motion for payment of attorneys' fees and supplemental relief filed by the Sims plaintiffs and the Scott intervenors on 12/28/94 for trial on 6/12/95 at 1:30 p.m. in second floor courtroom inMontgomery, AL; setting pretrial on these matters for 5/12/95 at 8:30 am. in Montgomery, AL; that the parties are jointly to prepare and submit to the court a proposed pretrial order by 5/9/95; that the parties are to exchange lists of witnesses and exhibits by 4/21/95; that the parties are to complete discovery by 5/9/95; that by 5/22/95, the parties are jointly to develop and submit to the court a record of the evidence they intend that the court rely upon; that the parties are to file their pretrial briefs by 6/7/95 ( signed by Judge Myron H. Thompson ) , copies mailed. (dmk) (Entered: 02/02/1999)

Jan. 19, 1995

Jan. 19, 1995

15

BRIEF by Mtg. Cty Sheriff Dep, Dan Jones, Calvin Huggins, Willie McKitt Jr., R. E. Singleton, Montgomery Cty Comm, David Stockman in support of motion for clarification of Sims/Scott counsel entitlement to attorney's fees ( REF: 3708−N); referred to Judge Myron H. Thompson (dmk) (Entered: 02/02/1999)

Jan. 19, 1995

Jan. 19, 1995

15

RESPONSE by Mtg. Cty Sheriff Dep, Dan Jones, Calvin Huggins, Willie McKitt Jr., R. E. Singleton, Montgomery Cty Comm, David Stockman to motion of Sims/ Scott class for payment of attorney's fees (REF: 3708−N); referred to Judge Myron H. Thompson (dmk) (Entered: 02/02/1999)

Jan. 19, 1995

Jan. 19, 1995

Costs in the amount of $ 2,871.75 taxed for Mtg. Cty Sheriff Dep, Dan Jones, Calvin Huggins, Willie McKitt Jr., R. E. Singleton, Montgomery Cty Comm, David Stockman, City−Cty Person. Bd. against Dodson intervenors per bill of costs received 1/11/95 (dmk) (Entered: 02/02/1999)

Jan. 23, 1995

Jan. 23, 1995

Costs in the amount of $ 2,782.82 taxed for Mtg. Cty Sheriff Dep, Dan Jones, Calvin Huggins, Willie McKitt Jr., R. E. Singleton, Montgomery Cty Comm, David Stockman, City−Cty Person. Bd. against Addie Berry, Willie Holden, Willie DeJarnette, Charles Marlow and Minnie Gadson per bill of costs received 1/12/95 (dmk) (Entered: 02/02/1999)

Jan. 24, 1995

Jan. 24, 1995

16

First Supplement to MOTION for payment of Attorney Fees and supplement relief by Scott intervenors (REF: 3708−N); referred to Judge Myron H. Thompson (dmk) (Entered: 02/02/1999)

Jan. 25, 1995

Jan. 25, 1995

17

RESPONSE in opposition to [9−1] motion for Reconsideration of [0−1] judgment order by intervenor−plaintiffs, [9−2] motion to Amend [0−1] judgment order by intervenor−plaintiffs, [9−3] motion to Vacate [0−1] judgment order by intervenor−plaintiffs by Sims/Scott Plaintiff class'; referred to Judge Myron H. Thompson (dmk) (Entered: 02/02/1999)

Jan. 25, 1995

Jan. 25, 1995

18

Scott Intervenors' OBJECTION to bill of costs [8−1] by defendants, [7−1] by bill of costs defendants; referred to Judge Myron H. Thompson (dmk) Modified on 02/02/1999 (Entered: 02/02/1999)

Jan. 25, 1995

Jan. 25, 1995

19

RESPONSE by Mtg. Cty Sheriff Dep, Dan Jones, Calvin Huggins, Willie McKitt Jr., R. E. Singleton, Montgomery Cty Comm, David Stockman, City−Cty Person. Bd. in opposition to Scott intervenors' [1−1] motion for Reconsideration of [0−1] order denying individual promotions claims for Deputies Berry, Hildren, DeJarnette, and Marlow referred to Judge Myron H. Thompson (dmk) (Entered: 02/02/1999)

Jan. 25, 1995

Jan. 25, 1995

20

RESPONSE by Sallie Williams, Johnie Love to [9−1] motion for Reconsideration of [0−1] judgment order by intervenor−plaintiffs [9−2] motion to Amend [0−1] judgment order by intervenor−plaintiffs, [9−3] motion to Vacate [0−1] judgment order by intervenor−plaintiffs referred to Judge Myron H. Thompson (dmk) (Entered: 02/02/1999)

Jan. 27, 1995

Jan. 27, 1995

21

MOTION by Albert Dodson, Steven R. Parker, Jon M. Highland, Mark C. Thompson, William H. Mills, Travis A. Parker, Gregory D. Beidleman, Robert L. Ingram, Robert A. Stone to retax costs ; referred to Judge Myron H. Thompson (dmk) (Entered: 02/02/1999)

Jan. 30, 1995

Jan. 30, 1995

22

RESPONSE by Mtg. Cty Sheriff Dep, Dan Jones, Calvin Huggins, Willie McKitt Jr., R. E. Singleton, Montgomery Cty Comm, David Stockman, City−Cty Person. Bd. in opposition to [9−1] motion for Reconsideration of [0−1] judgment order by intervenor−plaintiffs, [9−2] motion to Amend [0−1] judgment order by intervenor−plaintiffs [9−3] motion to Vacate [0−1] judgment order by intervenor−plaintiffs ; referred to Judge Myron H. Thompson (dmk) (Entered: 02/02/1999)

Jan. 30, 1995

Jan. 30, 1995

23

ORDER denying [1−1] motion for Reconsideration of [0−1] order denying individual promotions claims for Deputies Berry, Hildren, DeJarnette, and Marlow ( signed by Judge Myron H. Thompson ) , copies mailed. (dmk) (Entered: 02/02/1999)

Jan. 31, 1995

Jan. 31, 1995

24

ORDER setting for submission 2/13/95 , without oral argument, the Dodson intervenors' motion to retax costs filed 1/30/95; that parties file briefs by 2/13/95 ( signed by Judge Myron H. Thompson ) , copies mailed. (dmk) (Entered: 02/02/1999)

Jan. 31, 1995

Jan. 31, 1995

25

ORDER setting for consideration and trial the objection to bill of costs, filed by the Scott intervenors on 1/25/95 in accordance with the scheduling order entered 1/19/95 re: other pending motions ( signed by Judge Myron H. Thompson ) , copies mailed. (dmk) (Entered: 02/02/1999)

Jan. 31, 1995

Jan. 31, 1995

26

ORDER denying [9−1] motion for Reconsideration of [0−1] judgment order, denying [9−2] motion to Amend [0−1] judgment order, denying [9−3] motion to Vacate [0−1] judgment order ( signed by Judge Myron H. Thompson ) , copies mailed. (dmk) (Entered: 02/02/1999)

Feb. 1, 1995

Feb. 1, 1995

27

RESPONSE by Mtg. Cty Sheriff Dep, Dan Jones, Calvin Huggins, Willie McKitt Jr., R. E. Singleton, Montgomery Cty Comm, David Stockman, City−Cty Person. Bd. in opposition to [21−1] motion to retax costs by intervenor−plaintiffs (Exhibits A−H attached); referred to Judge Myron H. Thompson(dmk) Modified on 02/02/1999 (Entered: 02/02/1999)

Feb. 13, 1995

Feb. 13, 1995

28

BRIEF by Albert Dodson, Steven R. Parker, Jon M. Highland, Mark C. Thompson, William H. Mills, Travis A. Parker, Gregory D. Beidleman, Robert L. Ingram, Robert A. Stone in support of [21−1] motion to retax costs referred to Judge Myron H. Thompson (dmk) (Entered: 02/02/1999)

Feb. 13, 1995

Feb. 13, 1995

29

Individual Claimant Alvah Reid's reinstatement, clarification and correction of relief pending judgment by this court; referred to Judge Thompson (dmk) (Entered: 02/02/1999)

Feb. 22, 1995

Feb. 22, 1995

30

NOTICE OF APPEAL by Scott Plaintiff Intervenors to the U. S. Court of Appeals, Eleventh Circuit from the Judgment against promotions claimants entered in this action on 12/22/94 and 1/31/95 (Copies mailed to Delores R. Boud w/appeal information sheet and civil docketing statement; Tyrone Means, Mark Englehart, Thomas Gallion, Robert Segall and certified copy to USCA, 11th Circuit w/copies of orders appealed from and docket entries . FILING FEE $ 105.00 RECEIPT # 54818 (dmk) (Entered: 02/02/1999)

Feb. 28, 1995

Feb. 28, 1995

Notice of Appeal and certified copy of docket to USCA: [30−1] appeal filed by Scott Plaintiff Intervenors (dmk) (Entered: 02/02/1999)

Feb. 28, 1995

Feb. 28, 1995

31

Scott Plaintiff Intervenors' Partial Satisfaction of Judgment for Costs ($737.20; Receipt #54817); referred to Judge Thompson (dmk) (Entered: 02/02/1999)

Feb. 28, 1995

Feb. 28, 1995

32

ORDER that bill of costs funds in amount of $737.20 deposited in Court's deposit fund be withdrawn and transferred to interest bearing account; directing clerk to effect transfer ( signed by Judge Myron H. Thompson ) , copies mailed. (dmk) (Entered: 02/02/1999)

March 2, 1995

March 2, 1995

34

ORDER setting status conference on 3/15/95 at 4:00 p.m. with respect to the pending motions for relief by Alvah W. Reed, Sr. in chambers ( signed by Mag. Judge Charles S. Coody ) , copies mailed. (dmk) (Entered: 02/02/1999)

March 3, 1995

March 3, 1995

35

ORDER setting status conference on 3/15/95 at 4:30 p.m. with respect to pending motions for relief by Sylvester Reid, in chambers ( signed by Mag. Judge Charles S. Coody ) , copies mailed. (dmk) (Entered: 02/02/1999)

March 3, 1995

March 3, 1995

36

ORDER denying [21−1] motion to retax costs ( signed by Judge Myron H. Thompson ) , copies mailed. (dmk) (Entered: 02/02/1999)

March 6, 1995

March 6, 1995

37

ORDER setting all pending motions for relief filed by Sylvester Reid and is hereby corrected to state that all pending motions for relief filed by Sylvester Hardy be and are herby set for status conference on 3/15/95 at 4:30 p.m. in chambers ( signed by Mag. Judge Charles S. Coody ) , copies mailed. (dmk) (Entered: 02/02/1999)

March 6, 1995

March 6, 1995

38

Scott Intervenors' letter re: court order of 3/2/95 transferring $737.20 to interest bearing account; referred to Judge Thompson (dmk) (Entered: 02/02/1999)

March 6, 1995

March 6, 1995

39

Scott Intervenors' letter re: court order of 3/2/95 transferring $2.00 to interest bearing account; referred to Judge Thompson (dmk) (Entered: 02/02/1999)

March 6, 1995

March 6, 1995

40

Defendants' notice of tender of fees, waiver of costs and statement of position concerning attorney's fees; referred to Judge Thompson (dmk) (Entered: 02/02/1999)

March 9, 1995

March 9, 1995

USCA Case No. 95−6157; Re: 2/28/95 appeal by Scott Plaintiff Intervenors (dmk) (Entered: 02/02/1999)

March 13, 1995

March 13, 1995

Received designation of record on appeal by Scott Plaintiff Intervenors (dmk) (Entered: 02/02/1999)

March 14, 1995

March 14, 1995

42

MOTION by individual claimant Alvah W. Reid, Sr. for additional punitive damages concerning affidavits submitted by defendants ; referred to Mag. Judge Charles S. Coody (dmk) (Entered: 02/02/1999)

March 16, 1995

March 16, 1995

43

ORDER setting hearing on claims of Sylvester Hardy on 4/18/95 at 9:00 in 3rd floor courtroom; that the parties shall exchange and file with court witness lists for this hearing by 4/13/95 ( signed by Mag. Judge Charles S. Coody ) , copies mailed. (dmk) (Entered: 02/02/1999)

March 16, 1995

March 16, 1995

44

ORDER TO SHOW CAUSE why Alvah Reid, Sr. claims should not be dismissed with prejudice for his failure to prosecute those claims: ( signed by Mag. Judge Charles S. Coody ) , copies mailed. (dmk) (Entered: 02/02/1999)

March 16, 1995

March 16, 1995

45

MOTION by Montgomery Cty Comm for Protective Order referred to Mag. Judge Charles S. Coody (dmk) (Entered: 02/02/1999)

March 16, 1995

March 16, 1995

46

MOTION by individual claimant Sylvester Hardy to Compel defendants ; referred to Mag. Judge Charles S. Coody (dmk) (Entered: 02/02/1999)

March 21, 1995

March 21, 1995

47

Sims Plaintiffs and Scott Intervenors' MOTION for order directing clerk to refund costs and response to defendants' notice of tender of fees, waiver of costs and statement of position concerning attorney's fees; referred to Judge Myron H. Thompson (dmk) (Entered: 02/02/1999)

March 21, 1995

March 21, 1995

48

MOTION by Mtg. Cty Sheriff Dep, Dan Jones, Calvin Huggins, Willie McKitt Jr., R. E. Singleton, Montgomery Cty Comm, David Stockman, City−Cty Person. Bd. to Strike [42−1] motion for additional punitive damages concerning affidavits submitted by defendants referred to Mag. Judge Charles S. Coody (dmk) (Entered: 02/02/1999)

March 21, 1995

March 21, 1995

Received copy of Memorandum to Counsel (dated 3/24/95) from the USCA, 11th Circuit, advising parties of Jurisdictional Question(s) in No. 95−6157 (dmk) (Entered: 02/02/1999)

March 28, 1995

March 28, 1995

50

ORDER TO SHOW CAUSE by the parties (other than plaintiffs and Scott intervenors) why the motion for order directing clerk to refund costs contained in plaintiffs and Scott intervenors' response filed 3/21/95 should not be granted: ( signed by Judge Myron H. Thompson ) , copies mailed. (dmk) (Entered: 02/02/1999)

March 30, 1995

March 30, 1995

51

REQUEST by individual claimant Alvah W. Reid, Sr. to dele te and remove petitions of 2/22/95 and 3/16/95 ; referred to Mag. Judge Charles S. Coody (dmk) Modified on 02/02/1999 (Entered: 02/02/1999)

March 30, 1995

March 30, 1995

52

Individual claimant Alvah W. Reid cause shown to continue claims as ordered by the Court; referred to Mag. Judge Coody (dmk) (Entered: 02/02/1999)

March 30, 1995

March 30, 1995

53

Individual claimant Sylvester Hardy's Witness list requesting the court to subpoena individuals to testify in court on 4/18/95 before Mag. Judge Coody; referred to Mag. Judge Coody (dmk) (Entered: 02/02/1999)

April 6, 1995

April 6, 1995

54

Individual Alvah W. Reid, Sr.'s concerning petitions to the Court dated 3/30/95 titled "Request to Delete and Remove Petitions" dated 2/22/95 and 3/16/95; referred to Mag Judge Coody (dmk) (Entered: 02/02/1999)

April 7, 1995

April 7, 1995

55

ORDER granting [47−1] motion for order directing clerk to refund costs; directing clerk to refund the requested costs ( signed by Judge Myron H. Thompson ) , copies mailed. (dmk) (Entered: 02/02/1999)

April 12, 1995

April 12, 1995

56

Witness list for individual claim of Sylvester Hardy by Mtg. Cty Sheriff Dep, Dan Jones, Calvin Huggins, Willie McKitt Jr., R. E. Singleton, Montgomery Cty Comm, David Stockman, City−Cty Person. Bd.; referred to Mag. Judge Coody (dmk) (Entered: 02/02/1999)

April 13, 1995

April 13, 1995

Motion hearing held re: all pending motions filed by Sylvester Hardy (dmk) (Entered: 02/02/1999)

April 18, 1995

April 18, 1995

Case Details

State / Territory: Alabama

Case Type(s):

Equal Employment

Key Dates

Filing Date: June 26, 1972

Closing Date: June 9, 1998

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A class of past, present, and future black officers in the Montgomery County Commission and Sheriff’s Department.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Montgomery County Commission , County

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Litigation

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Monitoring

Other requirements regarding hiring, promotion, retention

Promotion

Retaliation Prohibition

Issues

General:

Disparate Impact

Disparate Treatment

Retaliation

Discrimination-area:

Discipline

Harassment / Hostile Work Environment

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Promotion

Discrimination-basis:

Race discrimination

Race:

Black

Affected Gender:

Female

Male