for the Court:
On July 14, 1989, Edward Terrell, an inmate at South Mississippi Correctional Institution, filed a Motion to Show Cause in the Greene County Circuit Court. In this Motion, Terrell alleged that he was discriminated against by prison officials because of his race. Allegedly, the officials hired a white inmate for a job even though Terrell was better qualified. The court overruled the Motion and Terrell appeals that decision.
I.
Terrell alleges that on May 5, 1989, he was hired as a unit clerk at the South Mississippi Correctional Institution after three white inmates had been turned down for the job. On May 11, 1989, Terrell’s supervisor, Dorothy Howell, told him that she was going to hire another inmate, Robert Walzer, as an assistant clerk to Terrell. Terrell trained Walzer from May 11 through May 25. On the 25th, Terrell received a staff request saying that he was not assigned to the job. He discovered that Walzer had been assigned the job as unit clerk.
Terrell alleges that Walzer does not have the qualifications for the job, e.g., typing skills, whereas Terrell does. He further alleges that he has been discriminated against on the basis of his race. (Walzer is white, and Terrell is black.) He talked with the case manager, Florence Jones, about the problem and she told him that a staff request had not been sent in on him for the job.
Terrell filed a grievance with Donald Cabana, Superintendent of S.M.C.I., and Glen Howell, Deputy Superintendent, on May 26, 1989. The record contains no response to the grievance.
The lower court entered an Order on August 9, 1989, overruling the Motion on the basis that Terrell was not entitled to any relief from the showings made by the Petition. Terrell appeals that ruling.
II.
A pro se complaint is held “to less stringent standards than formal pleadings drafted by lawyers.” Haines v. Kerner,
An inmate does not have a constitutional right to “any particular job status while incarcerated.” Chapman v. Plageman,
However, inmates are protected against racial discrimination by the Equal
In bringing an action based on violation of the Equal Protection Clause, proof is required of a racially discriminatory purpose. Foster,
In Baker v. McNeil Island Corrections Center,
A white prisoner brought an action for racial discrimination in Bentley v. Beck,
III.
Terrell alleges racial discrimination by prison officials in his job application as a unit clerk. The record contains only the allegations of Terrell. No response from prison officials is included. Inmates are protected from racial discrimination in job assignments by the Equal Protection Clause of the Fourteenth Amendment. As in Baker, supra, it is not beyond doubt that Terrell could not prove his allegations. We reverse and remand for a hearing on this Motion.
REVERSED AND REMANDED.
