Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: TUESDAY, March 29, 1994                   TAG: 9403300016
SECTION: CURRENT                    PAGE: NRV-1   EDITION: NEW RIVER VALLEY 
SOURCE: By MICHAEL STOWE STAFF WRITER
DATELINE: ROANOKE                                LENGTH: Medium

PHIPPS SUED BY FORMER DEPUTY

Charles J. Fuller Jr., a jailer under former Montgomery County Sheriff Louis Barber, alleges that Phipps violated his civil rights by refusing to hire him because he is 48 years old and black.

Phipps instead decided to hire three white males who were 23, 27 and 36 years old, according to the suit filed in U.S. District Court in Roanoke. The suit also points out that only four of the sheriff's 80 employees are black.

''There is a strong argument for racial discrimination in this case,'' said Fuller's attorney, Terry Grimes.

Phipps was in meetings and could not be reached for comment.

Fuller, now a deputy with the Roanoke County Sheriff's office, worked for the security force at Hoechst-Celanese in Giles County for nearly 23 years before joining the Montgomery County Sheriff's office under Barber.

He worked for Barber from August 1988 until March 1991 when he accepted a security officer's job at the Radford Army Ammunition Plant that offered better pay and more benefits, Grimes said.

Fuller went back to work for Barber in May 1991 after defense cuts forced him to be laid off from his job at the ammunition plant. He left the Sheriff's Department again in August 1991 when Celanese rehired him.

He was furloughed by the Giles County plant in November, the same month that Phipps defeated Barber in an election and became Montgomery County's sheriff.

In January 1992, Fuller applied for a job as one of Phipps' deputies.

He got little response, so Fuller accepted a job with the Roanoke County Sheriff's office in November 1992.

Grimes said Fuller continued to live in Montgomery County and wanted to return to work there because his wife had some medical problems.

Phipps called Fuller for an interview in January 1993, but decided against hiring him because of his age and race, according to the suit.

As a result, Fuller has suffered ''emotional pain, suffering, inconvenience, mental anguish and loss of enjoyment of life,'' the suit said. Fuller is asking for a minimum of $100,000 in damages, as well as a court order requiring Phipps to give him a job.