In 1966, American Civil Liberties Union leader Charles Morgan, Jr. filed suit against Alabama, asking that the jails and prisons be desegregated.

This was 12 years after the landmark Supreme Court case Brown v. Board of Education which outlawed school segregation.

[2] Alabama had argued that segregation was necessary in order to maintain security and minimize violence, but the Appeals court held that "this Court can conceive of no consideration of prison security or discipline which will sustain the constitutionality of state statutes that on their face require complete and permanent segregation of the races in all the Alabama penal facilities.

We recognize that there is merit in the contention that in some isolated instances prison security and discipline necessitates segregation of the races for a limited period.

However, recognition of such instances does nothing to bolster the statutes or the general practice that requires or permits prison or jail officials to separate the races arbitrarily.