hear a series of incredibly violent incidents and a judgment made by either officials that  they knew they were gang related they also knew that mr walker was not well again and was easy enough for us to say now looking back on it but at the time why do we have any business imposing on prison officials who are dealing with an incredibly violent series of incidents as some kind of constraint that may seem now to make sense but why should we  but at least the second point that makes it a reasonable is that at the same time they were telling african american african americans that they cannot be critical workers and vote and they are still like spots that are at the institution that are deemed critical work or they were also allowing african american inmates without any further screening process to access the law libraries of yours and there's a compelling reason to do that because those inmates have a clear constitutional right to access legal material whereas the in me has no right to work and i mean that's one thing only in the second thing is so what i mean the and he had a record as you others where he'd been in this position for three years without incident they knew he wasn't a gang member and i truly got a job back and one of the crisis was over true and he got his job back the minute the crisis was over he did eventually yeah but that was after other people had been critical workers that were white or others that didn't have as much experience that were also in the same facility and weren't able to do the job as well as he could have done it and he was being told that simply because he was black he wasn't going to be he couldn't be a critical worker despite the fact that he had the decision to determine how do you deem someone a critical worker had only had it only been blacks that were locked down or african americans i take it you would be objecting to that therefore we're going to lock down every african american in the prison but only the african americans i take it the principle you're asking us to stay out to decide would also part of that situation is that right what we have to accept well my my hypothetical was soley based on the color of their skin and we're going to lock down all african americans and you say well that's ok if it's if it's reasonably related to discipline them blah blah  no other words if i'm hearing you  difference well good job to keep the prison running and whether in make a decision based upon the color there are other factors and turner are there not protection case and in there although the court came out the other way it seems that there are no differences that you could make you can make the argument that just to think about critical workers based on the color of their skin funny because in johnson we said there are four factors number one we ask ourselves is really valid rational connection that's one and then we went on to the other three coming into temporary housing here is different and that all the inmates are actually already at the prison they've already have met files maintained on them the prison officials already know what their temperaments are and probably have a good idea well after having worked there for three years and with the records that he had it would be highly unlikely that he would have done that and the  problem is being put to us and i suppose to you this is it right not only rational but also reasonable under the fourth element to any time black does something really violent and wrong all blacks are going to be long here now i understand we lock down the whole prison but i think that's almost irrelevant in this sense for this purpose because because of all prison lockdown exactly the same way blacks were locked down in some special or cell phone after it's an african american does something wrong and all other african americans are sort of tainted with out the all black black