Case: Shuford v. Alabama State Board of Education

2:89-cv-00196 | U.S. District Court for the Middle District of Alabama

Filed Date: Feb. 24, 1989

Closed Date: June 8, 2005

Clearinghouse coding complete

Case Summary

On February 24, 1989 a black male employee of a school in Alabama's postsecondary education system filed a complaint in the United States District Court for the Middle District of Alabama claiming that he had been discriminated on the basis of race. He specifically alleged that he had been denied promotions because of his race. Subsequent complaints alleged that the defendant discriminated on the basis of race in hiring, promotions, and demotions by engaging in practices that were based on no…

On February 24, 1989 a black male employee of a school in Alabama's postsecondary education system filed a complaint in the United States District Court for the Middle District of Alabama claiming that he had been discriminated on the basis of race. He specifically alleged that he had been denied promotions because of his race. Subsequent complaints alleged that the defendant discriminated on the basis of race in hiring, promotions, and demotions by engaging in practices that were based on no standards and gave full discretion to those hiring who were almost always white males. These claims were based on 42 U.S.C. § 1981, 42 U.S.C. § 1983, Title VII (including PDA), 42 U.S.C. § 2000e, and Voting Rights Act of 1965. Plaintiff sought injunctive relief, damages, and fees.

On June 12, 1991 and October 19, 1993 several female employees intervened in the case alleging that the defendant also engaged in sex discrimination against female employees.

On November 19, 1993 the district court (Judge Myron H. Thompson) certified a class of all African American employees of Alabama's post-secondary education system who held or sought faculty or supervisory positions and gave preliminary approval to a consent decree regarding the claims of race discrimination.

On March 15, 1994 the court (Judge Thompson) approved a consent decree covering the claims of racial discrimination. The defendant agreed to adopt clear written guidelines addressing hiring and promotion procedures that specifically forbade discrimination and involved minorities in the decision making process. It also agreed to set hiring goals for African Americans and to maintain a pool of African American applicants, publicizing vacancies to those applicants. Finally it agreed to pay the plaintiff $45,000 and gave him a promotion. The injunction was originally to remain in force for seven years.

On October 22, 1993 the court (Judge Thompson) certified a class of all female professionals who may have been discriminated against by the defendant. On August 11, 1995 the court approved a consent decree as to the claims of sex discrimination. It required the defendant to develop a written policy regarding hiring and promotion that specifically forbade discrimination and to seek to hire and promote qualified white and black females. It also set hiring goals for the postsecondary education system regarding gender. It required the defendant to retain applicant pools of women and to actively recruit women. Finally it awarded the named class representative damages in the amount of $45,000.

While the court was supervising the consent decrees several actions were brought by individual class members. On May 23, 1997 the court (Magistrate Judge McPherson) found in favor of three female class members on some of their claims of gender discrimination and ordered that the parties negotiate back pay and that appropriate injunctive relief--promotion, seniority, tenure, etc.--be granted. On September 8, 1997 the court (Judge Thompson) granted the defendant's motion for summary judgment against an African American male who claimed he had been improperly dismissed as president of a community college. The case terminated on June 8, 2005 when the final notices of compliance were submitted to the court.

Summary Authors

Michael Perry (10/17/2010)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5359822/parties/kennedy-v-alabama-state-boe/


Judge(s)

Albritton, William Harold III (Alabama)

Attorney for Plaintiff
Attorney for Defendant

Bachus, Spencer (Alabama)

Expert/Monitor/Master/Other

Adams, John Wesley (Alabama)

Allen, Andrew Clay (Alabama)

Baker, Beverly P. (Alabama)

Documents in the Clearinghouse

Documents in this case

2:89-cv-00196

Docket

June 28, 2005

June 28, 2005

Docket
197

2:89-cv-00196

Order (Approving the consent decree as to the race discrimination claims) (Includes consent decree)

March 15, 1994

March 15, 1994

Order/Opinion

846 F.Supp. 1511

454

2:89-cv-00196

Opinion (Approving the consent decree as to the consent discrimination claims)(Includes consent decree)

Aug. 11, 1995

Aug. 11, 1995

Order/Opinion

897 F.Supp. 1535

535

2:89-cv-00196

Order (Ruling that the defendant should have obtained preclearance for a change to the terms of members of the Board of Education)

March 20, 1996

March 20, 1996

Order/Opinion

920 F.Supp. 1233

672

2:89-cv-00196

Memorandum Opinion (Ruling in part for plaintiffs and in part for the defendant regarding the individuals claims of three class members)

May 23, 1997

May 23, 1997

Order/Opinion

968 F.Supp. 1486

2:89-cv-00196

Memorandum Opinion (Granting defendant's motion for summary judgment as to the complaint of one class member)

Sept. 8, 1997

Sept. 8, 1997

Order/Opinion

978 F.Supp. 1008

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5359822/kennedy-v-alabama-state-boe/

Last updated April 6, 2025, 1:23 p.m.

Docket for: Kennedy v. Alabama State BOE
ECF Number Date Description Link
1 Feb. 24, 1989

COMPLAINT (W/Attachment A) Filing Fee $ 120 Receipt # 28831 (dkt clerk) (Entered: 05/17/1993)

PACER
Feb. 24, 1989

SKELETON CASE − LIVE DOCKET ENTRIES BEGIN AS OF 5/17/93. (dkt clerk) (Entered: 05/17/1993)

PACER
2 Feb. 28, 1989

SUMMONS issued for Alabama State BOE, Fred Gainous, John M. Tyson Jr., Stedman Shealy Jr., Isabelle Thomasson, Ethel Hall, Willie Paul, Spencer Bachus, Victor Poole, Evelyn S. Pratt, Malcom A. Jones; summons and complaint mailed cmrrr to named defendants. (dkt clerk) (Entered: 05/14/1993)

PACER
3 March 2, 1989

SUMMONS Returned Executed as to Malcom A. Jones 3/1/89 Answer due on 3/21/89 for Malcom A. Jones (dkt clerk) (Entered: 05/14/1993)

PACER
4 March 3, 1989

SUMMONS Returned Executed as to Alabama State BOE, John M. Tyson Jr., Stedman Shealy Jr., Isabelle Thomasson, Ethel Hall, Willie Paul, Spencer Bachus, Victor Poole, Evelyn S. Pratt 3/2/89 Answer due on 3/22/89 for Evelyn S. Pratt, for Victor Poole, for Spencer Bachus, for Willie Paul, for Ethel Hall, for Isabelle Thomasson, for Stedman Shealy Jr., for John M. Tyson Jr., for Alabama State BOE (dkt clerk) (Entered: 05/14/1993)

PACER
5 March 8, 1989

SUMMONS Returned Executed as to Fred Gainous 3/3/89 Answer due on 3/23/89 for Fred Gainous (dkt clerk) (Entered: 05/14/1993)

PACER
6 March 21, 1989

ANSWER to Complaint by Alabama State BOE, Fred Gainous, John M. Tyson Jr., Stedman Shealy Jr., Isabelle Thomasson, Ethel Hall, Willie Paul, Spencer Bachus, Victor Poole, Evelyn S. Pratt (Attorney Edward M. George, Jeffery A. Foshee), referred to Judge Thompson. (dkt clerk) (Entered: 05/14/1993)

PACER
11 March 23, 1989

SCHEDULING ORDER setting Pretrial Conference for 10/30/89 ; Motion Filing deadline on 6/6/89 ; Discovery cutoff 10/16/89 ; bench trial set for 11/27/89 ; ( signed by Judge Myron H. Thompson ) , copies mailed to counsel. (dkt clerk) (Entered: 05/14/1993)

PACER
12 March 23, 1989

AMENDMENT TO ANSWER to Complaint by Alabama State BOE, Fred Gainous, John M. Tyson Jr., Stedman Shealy Jr., Isabelle Thomasson, Ethel Hall, Willie Paul, Spencer Bachus, Victor Poole, Evelyn S. Pratt : amends [6−1] answer by defendants. Referred to Judge Thompson. (dkt clerk) (Entered: 05/14/1993)

PACER
30 May 17, 1989

NOTICE of Attorney Appearance for Alabama State BOE, Fred Gainous, John M. Tyson Jr., Stedman Shealy Jr., Isabelle Thomasson, Ethel Hall, Willie Paul, Spencer Bachus, Victor Poole, Evelyn S. Pratt, Malcom A. Jones by J. Allen Schreiber, J. Mason Davis (dkt clerk) (Entered: 05/14/1993)

PACER
33 June 7, 1989

NOTICE of Attorney Appearance for Malcom A. Jones by Terry Alan Sides (dkt clerk) (Entered: 05/14/1993)

PACER
43 June 12, 1991

SCHEDULING ORDER resetting Pretrial Conference for 2/27/92 ; Motion Filing deadline on 8/26/91 ; Discovery cutoff 2/13/92 ; bench trial reset for 4/6/92 ; ( signed by Judge Myron H. Thompson ) , copies mailed to counsel. (dkt clerk) (Entered: 05/14/1993)

PACER
45 June 12, 1991

AMENDED COMPLAINT by Humphrey L. Shuford (Answer due 6/24/91 for Malcom A. Jones, for Evelyn S. Pratt, for Victor Poole, for Spencer Bachus, for Willie Paul, for Ethel Hall, for Isabelle Thomasson, for Stedman Shealy Jr., for John M. Tyson Jr., for Fred Gainous, for Alabama State BOE ) amending [1−1] complaint (dkt clerk) (Entered: 05/17/1993)

PACER
46 June 12, 1991

Intervenor's COMPLAINT by Connie Johnson against Alabama State BOE, Fred Gainous, John M. Tyson Jr., Stedman Shealy Jr., Isabelle Thomasson, Ethel Hall, Willie Paul, Spencer Bachus, Victor Poole, Evelyn S. Pratt, Larry McCoy, Muscle Shoals State Technical College (Exhibits A−B attached). (dkt clerk) Modified on 05/17/1993 (Entered: 05/17/1993)

PACER
47 June 12, 1991

AMENDMENT TO intervenor's COMPLAINT by Connie Johnson (w/attachment): amending [46−1] intervenor complaint (dkt clerk) (Entered: 05/17/1993)

PACER
66 Feb. 12, 1992

ORDER resetting Pretrial Conference for 3:00 11/16/92 ; Motion Filing deadline on 11/16/92 ; Discovery cutoff 11/2/92 ; bench trial reset for 12/14/92 ; ( signed by Judge Myron H. Thompson ) , copies mailed to counsel. (dkt clerk) (Entered: 05/17/1993)

PACER
69 March 2, 1992

ANSWER by Malcom A. Jones (Attorney Randall C. Morgan) to amended complaint; jury demand. Referred to Judge Thompson. (dkt clerk) (Entered: 05/17/1993)

PACER
69 March 2, 1992

DEMAND for jury trial by Malcom A. Jones − STRICKEN PER ORDER OF 6/30/93. (dkt clerk) Modified on 11/12/1993 (Entered: 06/01/1993)

PACER
75 July 24, 1992

ORDER, reset Scheduling Order Deadlines: Pretrial Conference for 3:00 11/19/92 ; ( signed by Judge Myron H. Thompson ) , copies mailed to counsel. (dkt clerk) (Entered: 05/17/1993)

PACER
77 Nov. 20, 1992

ORDER, continuing generally pretrial and trial; suspending all deadlines entered in the previous scheduling order; terminated deadlines ; set Status Conference for 4:30 2/17/93 ( signed by Judge Myron H. Thompson ) , copies mailed to counsel. (dkt clerk) (Entered: 05/17/1993)

PACER
78 Feb. 19, 1993

ORDER, set Status Conference for 1:30 3/26/93 ( signed by Judge Myron H. Thompson ) , copies mailed to counsel. (dkt clerk) (Entered: 05/17/1993)

PACER
81 March 29, 1993

SCHEDULING ORDER setting Pretrial Conference for 12/3/93 ; Motion Filing deadline on 6/14/93 ; Discovery cutoff 11/19/93 ; jury trial set for 1/10/94 ; ( signed by Judge Myron H. Thompson ) , copies mailed to counsel. (dkt clerk) Modified on 11/12/1993 (Entered: 05/17/1993)

PACER
82 May 6, 1993

ORDER resetting Pretrial Conference for 1:30 10/15/93 ; Motion Filing deadline on 7/20/93 ; Discovery cutoff 10/1/93 ; jury trial reset for 11/17/93 ; that by 10/12/93 parties are to submit to the court a jointly prepared proposed pretrial order, ( signed by Judge Myron H. Thompson ) , copies mailed to counsel. (dkt clerk) Modified on 11/12/1993 (Entered: 05/17/1993)

PACER
84 May 11, 1993

ORDER, set Scheduling Order Deadlines: Jury Trial set for 11/17/93 ; , set Jury Selection for 11/17/93 , terminated deadlines ( signed by Judge Myron H. Thompson ) , copies mailed to counsel. (dkt clerk) (Entered: 05/17/1993)

PACER
May 17, 1993

Returned Mail on J. Mason Davis; remailed 05/18/93. (dkt clerk) (Entered: 05/18/1993)

PACER
86 June 2, 1993

ORDER [85−1] motion to Strike [69−1] demand jury by Malcom A. Jones by Humphrey L. Shuford set for submission on 6/18/93, set Brief deadline to 6/18/93 ( signed by Judge Myron H. Thompson ) , copies mailed to counsel; furnished to TW. (dkt clerk) (Entered: 06/02/1993)

PACER
87 June 7, 1993

OBJECTIONS TO DISCOVERY AND MOTION by Jefferson St College for Protective Order re: discovery (Exhibit A attached); referred to Mag. Judge Charles S. Coody (dmk) (Entered: 06/09/1993)

PACER
June 9, 1993

CASE REFERRED to Mag. Judge Charles S. Coody (dmk) (Entered: 06/09/1993)

PACER
June 10, 1993

CASE REASSIGNED to Mag Judge Vanzetta P. McPherson (dmk) (Entered: 06/10/1993)

PACER
June 10, 1993

File referred to Mag. Judge McPherson. (dmk) (Entered: 06/10/1993)

PACER
88 June 11, 1993

ORDER TO SHOW CAUSE why defendants' objections to discovery should not be affirmed and motion for protective order should not be granted: Response to order to show cause due 6/21/93 for Humphrey L. Shuford ( signed by Mag Judge Vanzetta P. McPherson ), copies mailed to counsel. (dkt clerk) (Entered: 06/11/1993)

PACER
89 June 16, 1993

MOTION by Malcom A. Jones to Extend Time to respond to plaintiff Shuford's motion to strike jury demand referred to Judge Myron H. Thompson (dkt clerk) (Entered: 06/17/1993)

PACER
90 June 17, 1993

MOTION by Humphrey L. Shuford to Strike objections to discovery by Jefferson State Community College referred to Mag Judge Vanzetta P. McPherson (dkt clerk) (Entered: 06/18/1993)

PACER
90 June 17, 1993

RESPONSE by Humphrey L. Shuford in opposition to Jefferson State Community College's objections to discovery. Referred to Magistrate Judge McPherson. (dkt clerk) (Entered: 06/18/1993)

PACER
91 June 18, 1993

ORDER granting [89−1] motion to Extend Time to respond to plaintiff Shuford's motion to strike jury demand; reset Jones' Brief deadline to 6/28/93 ( signed by Judge Myron H. Thompson ) , copies mailed to counsel; furnished to TW. (dkt clerk) (Entered: 06/18/1993)

PACER
92 June 22, 1993

ORDER overruling Jefferson State Community College's objections to discovery; granting in part, denying in part [90−1] motion to Strike objections to discovery by Jefferson State Community College; terminating [87−1] motion for Protective Order re: discovery; directing the defendants to make available to the plaintiff Dr. Judy Merritt for a deposition and that defendants produce at said deposition the documents which the plaintiff has requested; directing plaintiff to reschedule Dr. Merritt's deposition on a date after 6/25/93; directing Dr. Merritt to appear for her deposition and to produce the requested documents, ( signed by Mag Judge Vanzetta P. McPherson ) , copies mailed to counsel. (dkt clerk) (Entered: 06/22/1993)

PACER
93 June 23, 1993

MOTION by Humphrey L. Shuford for Class Certification ; referred to Judge Myron H. Thompson (dmk) (Entered: 06/24/1993)

PACER
94 June 23, 1993

Letter MOTION by Humphrey L. Shuford to Expedite ruling re: discovery referred to Mag Judge Vanzetta P. McPherson (dmk) (Entered: 06/25/1993)

PACER
95 June 28, 1993

STIPULATION of dismissal with prejudice to dismiss Malcolm A. Jones; referred to Judge Thompson. (dmk) (Entered: 06/29/1993)

PACER
96 June 29, 1993

ORDER [93−1] motion for Class Certification by Humphrey L. Shuford set for submission on 7/30/93, setting plaintiffs' Brief deadline to 7/14/93 , setting defendants' Brief deadline to 7/30/93 ( signed by Judge Myron H. Thompson ) , copies mailed to counsel. (dmk) (Entered: 06/29/1993)

PACER
97 June 30, 1993

ORDER granting [85−1] motion to Strike [69−1] demand jury by Malcom A. Jones ( signed by Judge Myron H. Thompson ) , copies mailed to counsel. (dmk) (Entered: 06/30/1993)

PACER
98 June 30, 1993

ORDER dismissing defendant Malcolm A. Jones in his individual capacity and dismissing all claims against defendant Jones in his individual capacity ( signed by Judge Myron H. Thompson ) , copies mailed to counsel. (dmk) (Entered:

PACER
100 July 7, 1993

NOTICE of Attorney Appearance for Humphrey L. Shuford by Anita L. Kelly (jct) (Entered: 07/08/1993)

PACER
101 July 13, 1993

MOTION by Humphrey L. Shuford to Extend Time to file brief and evidentiary materials on issue of class certification referred to Judge Myron H. Thompson (dmk) (Entered: 07/13/1993)

PACER
102 July 14, 1993

ORDER granting [101−1] motion to Extend Time to file brief and evidentiary materials on issue of class certification [93−1] motion for Class Certification by Humphrey L. Shuford reset for submission on 8/11/93, reset plaintiff's Brief deadline to 7/29/93 , reset defendants' Brief deadline to 8/11/93 ( signed by Judge Myron H. Thompson ) , copies mailed to counsel; furnished to TW. (dkt clerk) (Entered: 07/14/1993)

PACER
103 July 19, 1993

MOTION (Notice) to Substitute Attorney John C. Falkenberry and replace by Leslie M. Proll referred to Judge Myron H. Thompson (dmk) (Entered: 07/26/1993)

PACER
104 July 26, 1993

ORDER granting [103−1] motion to Substitute Attorney John C.Falkenberry and replace with Leslie M. Proll terminated attorney John C. Falkenberry for Connie Johnson Added Leslie M. Proll ( signed by Judge Myron H. Thompson ) , copies mailed to counsel. (dmk) (Entered: 07/26/1993)

PACER
105 July 30, 1993

ORDER [93−1] motion for Class Certification by Humphrey L. Shuford reset for submission on 8/18/93, reset plaintiff's Brief deadline to 8/4/93 , reset defendant's Brief deadline to 8/18/93 ( signed by Judge Myron H. Thompson ) , copies mailed to counsel; furnished to TW. (dkt clerk) (Entered: 07/30/1993)

PACER
106 Aug. 3, 1993

BRIEF (Notice of Filing of Evidence) IN SUPPORT of [93−1] motion for Class Certification by Connie Johnson (Exhibits A − E attached); referred to Judge Thompson. (dkt clerk) (Entered: 08/03/1993)

PACER
107 Aug. 3, 1993

BRIEF IN SUPPORT of [93−1] motion for Class Certification by Connie Johnson; referred to Judge Thompson. (dkt clerk) (Entered: 08/04/1993)

PACER
108 Aug. 4, 1993

MEMORANDUM BRIEF IN SUPPORT of [93−1] motion for Class Certification by Humphrey L. Shuford; referred to Judge Thompson. (dkt clerk) (Entered: 08/05/1993)

PACER
109 Aug. 5, 1993

NOTICE OF FILING OF EVIDENTIARY MATERIAL IN SUPPORT of [93−1] motion for Class Certification by Humphrey L. Shuford (with attachments 1 − 6); referred to Judge Thompson. (dkt clerk) (Entered: 08/06/1993)

PACER
110 Aug. 6, 1993

NOTICE OF FILING SUPPLEMENTAL EVIDENCE IN SUPPORT of [93−1] motion for Class Certification by Connie Johnson (Exhibit A, Attachments A, B, and C attached); referred to Judge Thompson. (dkt clerk) (Entered: 08/09/1993)

PACER
111 Aug. 17, 1993

MOTION by Malcom A. Jones to Extend Time to file brief and evidentiary materials on the motion for class certification referred to Judge Myron H. Thompson (dkt clerk) (Entered: 08/18/1993)

PACER
112 Aug. 25, 1993

ORDER granting [111−1] motion to Extend Time to file brief and evidentiary materials on the motion for class certification [93−1] motion for Class Certification by Humphrey L. Shuford reset for submission on 9/13/93, reset Brief deadline to 9/13/93 ( signed by Judge Myron H. Thompson ) , copies mailed to counsel; furnished to TW. (dkt clerk) (Entered: 08/26/1993)

PACER
113 Sept. 20, 1993

ORDER [93−1] motion for Class Certification by Humphrey L. Shuford reset for submission on 9/30/93, reset Brief deadline to 9/30/93 ( signed by Judge Myron H. Thompson ) , copies mailed to counsel; furnished to TW. (dkt clerk) (Entered: 09/20/1993)

PACER
115 Sept. 23, 1993

ORDER [114−1] motion to Intervene by Karen Newton set for submission on 10/4/94, set Brief deadline to 10/4/94 ( signed by Judge Myron H. Thompson ) , copies mailed to counsel; furnished to TW. (dkt clerk) (Entered: 09/23/1993)

PACER
116 Sept. 27, 1993

AMENDED ORDER [114−1] motion to Intervene by Karen Newton reset for submission on 10/4/93, reset Brief deadline to 10/4/93 signed by Judge Myron H. Thompson ) , copies mailed to counsel; furnished to TW. (dkt clerk) (Entered: 09/27/1993)

PACER
117 Sept. 30, 1993

MEMORANDUM by Alabama State BOE, Fred Gainous, John M. Tyson Jr., Stedman Shealy Jr., Isabelle Thomasson, Ethel Hall, Willie Paul, Spencer Bachus, Victor Poole, Evelyn S. Pratt in opposition to [93−1] motion for Class Certification by Humphrey L. Shuford; referred to Judge Thompson. (dkt clerk) (Entered: 10/01/1993)

PACER
118 Sept. 30, 1993

NOTICE OF FILING ADDITIONAL EVIDENCE IN OPPOSITION to [93−1] motion for Class Certification by Alabama State BOE, Fred Gainous, John M. Tyson Jr., Stedman Shealy Jr., Isabelle Thomasson, Ethel Hall, Willie Paul, Spencer Bachus, Victor Poole, Evelyn S. Pratt (affidavit of Renee Culverhouse attached and other attachments); referred to Judge Thompson. (dkt clerk) (Entered: 10/01/1993)

PACER
119 Sept. 30, 1993

NOTICE OF FILING ADDITIONAL SUPPLEMENTAL EVIDENCE IN OPPOSITION to [93−1] motion for Class Certification by Alabama State BOE, Fred Gainous, John M. Tyson Jr., Stedman Shealy Jr., Isabelle Thomasson, Ethel Hall, Willie Paul, Spencer Bachus, Victor Poole, Evelyn S. Pratt (deposition of Dr. Judy Merritt with attachments and deposition of Dr. Sandra K. McLeod with attachments maintained in separate binder); referred to Judge Thompson. (dkt clerk) (Entered: 10/01/1993)

PACER
120 Oct. 4, 1993

Witness list by Connie Johnson; referred to Judge Thompson. (dkt clerk) (Entered: 10/04/1993)

PACER
121 Oct. 4, 1993

Letter MOTION by Alabama State BOE, Fred Gainous, John M. Tyson Jr., Stedman Shealy Jr., Isabelle Thomasson, Ethel Hall, Willie Paul, Spencer Bachus, Victor Poole, Evelyn S. Pratt, Malcom A. Jones to Extend Time for two weeks for filing a response to the complaint in intervention filed by Dr. Karen Newton; referred to Judge Myron H. Thompson (dkt clerk) (Entered: 10/04/1993)

PACER
122 Oct. 4, 1993

RESPONSE by Humphrey L. Shuford to [114−1] motion to Intervene by Karen Newton; referred to Judge Thompson. (dkt clerk) (Entered: 10/04/1993)

PACER
123 Oct. 4, 1993

ORDER granting [121−1] motion to Extend Time for two weeks for filing a response to the complaint in intervention filed by Dr. Karen Newton;, Response to Motion reset to 10/18/93 for [114−1] motion to Intervene by Karen Newton ( signed by Judge Myron H. Thompson ) , copies mailed to counsel; furnished to TW. (dkt clerk) (Entered: 10/04/1993)

PACER
124 Oct. 4, 1993

RESPONSE by Connie Johnson to [114−1] motion to Intervene by Karen Newton; referred to Judge Thompson. (dkt clerk) (Entered: 10/04/1993)

PACER
124 Oct. 4, 1993

AMENDMENT TO MOTION by Connie Johnson to Certify Class referred to Judge Myron H. Thompson (dkt clerk) (Entered: 10/04/1993)

PACER
125 Oct. 4, 1993

MEMORANDUM by Karen Newton in support of [114−1] motion to Intervene by Karen Newton; referred to Judge Thompson. (dkt clerk) (Entered: 10/04/1993)

PACER
126 Oct. 13, 1993

ORDER, reset Scheduling Order Deadlines: Pretrial Conference for 10:00 11/8/93 ; Proposed Pretrial Order due 11/3/93 ; Bench Trial set for 10:00 11/17/93 ; plaintiffs' pre−trial brief deadline on 11/8/93 , set defendants' pre−trial brief deadline for 11/12/93 ( signed by Judge Myron H. Thompson ) , copies mailed to counsel; furnished to TW and MT. (dkt clerk) (Entered: 11/12/1993)

PACER
127 Oct. 15, 1993

ORDER directing counsel for the defendants to respond to Johnson's request to certify Newton as an additional class representative should the court grant Newton's motion to intervene by 10/21/93 ( signed by Judge Myron H. Thompson ) , copies mailed to counsel, provided to counsel by facsimile. (dkt clerk) Modified on 10/19/1993 (Entered: 10/15/1993)

PACER
128 Oct. 19, 1993

ORDER granting [114−1] motion to Intervene by Karen Newton ( signed by Judge Myron H. Thompson ) , copies mailed to counsel. (dkt clerk) (Entered: 10/19/1993)

PACER
129 Oct. 19, 1993

Intervenor's COMPLAINT by Karen Newton against Betty Fine Collins, Tazewell Shepherd, Dan Cleckler, Northwest Alabama, Shoals State Communi, Harold Wade, Alabama State BOE, Fred Gainous, John M. Tyson Jr., Stedman Shealy Jr., Ethel Hall, Willie Paul, Victor Poole, Malcom A. Jones, Atmore Tech College, Larry McCoy; referred to Judge Thompson. (dkt clerk) (Entered: 10/19/1993)

PACER
130 Oct. 21, 1993

OPPOSITION to [114−1] motion to Intervene by Karen Newton by Alabama State BOE, Fred Gainous, John M. Tyson Jr., Stedman Shealy Jr., Isabelle Thomasson, Ethel Hall, Willie Paul, Spencer Bachus, Victor Poole, Evelyn S. Pratt; referred to Judge Thompson. (dkt clerk) (Entered: 10/21/1993)

PACER
131 Oct. 21, 1993

MEMORANDUM by Alabama State BOE, Fred Gainous, John M. Tyson Jr., Stedman Shealy Jr., Isabelle Thomasson, Ethel Hall, Willie Paul, Spencer Bachus, Victor Poole, Evelyn S. Pratt in opposition to plaintiff−intervenor Johnson's request for Certification of Karen Newton as an additional class representative (with attachments); referred to Judge Thompson. (dkt clerk) (Entered: 10/21/1993)

PACER
132 Oct. 22, 1993

ORDER granting [124−1] motion to Certify Class; a plaintiff class is hereby certified as consisting of all female professional educators who have been or who may in the future be victims of sex−based discrimination with respect to hiring, assignment, salary, promotion, demotion, dismissal and other terms and conditions of employment in Alabama's postsecondary system; said class is hereby represented by plaintiffs Connie Johnson and Karen Newton ( signed by Judge Myron H. Thompson ) , copies mailed to counsel. (dkt clerk) (Entered: 10/22/1993)

PACER
133 Oct. 22, 1993

ORDER denying [130−1] motion for Reconsideration of [128−1] order ( signed by Judge Myron H. Thompson ) , copies mailed to counsel. (dkt clerk) (Entered: 10/22/1993)

PACER
134 Oct. 26, 1993

SUMMONS issued for Shoals State Community College; summons and complaint−in−intervention mailed cmrrr. (dkt clerk) (Entered: 10/26/1993)

PACER
135 Oct. 26, 1993

SUMMONS issued for Harold Wade; summons and complaint−in−intervention mailed cmrrr. (dkt clerk) (Entered: 10/26/1993)

PACER
136 Oct. 26, 1993

SUMMONS issued for Northwest Alabama; summons and complaint−in−intervention mailed cmrrr. (dkt clerk) (Entered: 10/26/1993)

PACER
137 Oct. 26, 1993

SUMMONS issued for Dan Cleckler; summons and complaint−in−intervention mailed cmrrr. (dkt clerk) (Entered: 10/26/1993)

PACER
138 Oct. 26, 1993

SUMMONS issued for Tazewell Shepherd; summons and complaint−in−intervention mailed cmrrr. (dkt clerk) (Entered: 10/26/1993)

PACER
139 Oct. 26, 1993

SUMMONS issued for Betty Fine Collins; summons and complaint−in−intervention mailed cmrrr. (dkt clerk) (Entered: 10/26/1993)

PACER
140 Oct. 28, 1993

SUMMONS Returned Executed as to Harold Wade 10/27/93 Answer due on 11/16/93 for Harold Wade (dkt clerk) (Entered: 10/28/1993)

PACER
141 Oct. 29, 1993

SUMMONS Returned Executed as to Northwest Alabama 10/27/93 Answer due on 11/16/93 for Northwest Alabama (dkt clerk) (Entered: 10/29/1993)

PACER
142 Oct. 29, 1993

SUMMONS Returned Executed as to Betty Fine Collins 10/28/93 Answer due on 11/17/93 for Betty Fine Collins (dkt clerk) (Entered: 10/29/1993)

PACER
143 Nov. 1, 1993

RETURN RECEIPT CARD showing service of: summons and intervener complaint on: Bobbi L. Houston on: 10/29/93 for Dan Cleckler . Answer due on 11/18/93 for Dan Cleckler (dkt clerk) Modified on 11/01/1993 (Entered: 11/01/1993)

PACER
144 Nov. 1, 1993

RETURN RECEIPT CARD showing service of: summons and intervenor complaint on: R. E. Bates on: 10/28/93 for Tazewell Shepherd . Answer due on

PACER
146 Nov. 3, 1993

MOTION by Alabama State BOE, Fred Gainous, John M. Tyson Jr., Stedman Shealy Jr., Isabelle Thomasson, Ethel Hall, Willie Paul, Spencer Bachus, Victor Poole, Evelyn S. Pratt to Continue trial ; referred to Judge Myron H. Thompson (dkt clerk) (Entered: 11/04/1993)

PACER
147 Nov. 17, 1993

ORDER setting Pretrial Conference for 1:15 3/1/94 before Judge Myron H. Thompson Motion Filing deadline on 1/31/94 ; Discovery cutoff 2/15/94 ; set amended pleading deadline for 1/31/94 Proposed Pretrial Order due 2/23/94 ; Non−jury trial set for 10:00 4/4/94; before Judge Myron H. ( signed by Judge Myron H. Thompson ) , copies mailed to counsel; furnished to MT and TW. (dkt clerk) Modified on 11/17/1993 (Entered: 11/17/1993)

PACER
147 Nov. 17, 1993

ORDER granting [146−1] motion to Continue trial, set Status Conference for 4:00 12/2/93 , set Status Conference for 4:45 1/21/94 , set plaintiffs' pre−trial brief deadline for 3/11/94 , set defendants' pre−trial brief deadline for 3/25/94 ( signed by Judge Myron H. Thompson ) , copies mailed to counsel; furnished to MT and TW. (dkt clerk) (Entered: 11/18/1993)

PACER
148 Nov. 19, 1993

JOINT Stipulation for certification of Plaintiff Class and JOINT MOTION by Humphrey L. Shuford, Alabama State BOE, Fred Gainous, John M. Tyson Jr., Stedman Shealy Jr., Isabelle Thomasson, Ethel Hall, Willie Paul, Spencer Bachus, Victor Poole, Evelyn S. Pratt, Malcom A. Jones for approval of proposed compromise and settlement (w/attachment) referred to Judge Myron H. Thompson (war) (Entered: 11/19/1993)

PACER
149 Nov. 19, 1993

ORDER certifying class as further set out in the order; that the proposed partial consent decree is tentatively approved, subject to notice, opportunity for objections and a fairness hearing to be conducted; approving the proposed legal notice of proposed consent decree and hearing attached to this order; that defendants shall cause the notice to be distributed individually to those employees of the junior, community and technical colleges operated by the Alabama State Board of Education who presently occupy positions covered by the proposed partial consent decree by l2/l/93 set Settlement Conference for 10:00 12/20/93 for the purpose of considering any objections to the proposed compromise and settlement ( signed by Judge Myron H. Thompson ) , copies mailed to counsel; furnished to Tim, Marie. (war) (Entered: 11/19/1993)

PACER
150 Nov. 30, 1993

MOTION by Connie Johnson, Karen Newton to Compel defendants to comply with discovery request (with attachments 1 and 2); referred to Judge Myron H. Thompson (dkt clerk) (Entered: 12/01/1993)

PACER
151 Dec. 8, 1993

ORDER, set Status Conference for 3:00 12/15/93 ( signed by Mag Judge Vanzetta P. McPherson ) , copies mailed to counsel; furnished to MT and SC. (dkt clerk) (Entered: 12/08/1993)

PACER
Dec. 15, 1993

Settlement Conference held (dkt clerk) (Entered: 12/16/1993)

PACER
152 Dec. 16, 1993

ORDER granting [150−1] motion to Compel defendants to comply with discovery request; that defendants shall serve their responses to the plaintiff−intervenor's first discovery request by 12/24/93 ( signed by Mag Judge Vanzetta P. McPherson ) , copies mailed to counsel. (dkt clerk) (Entered: 12/16/1993)

PACER
153 Dec. 16, 1993

ORDER that by 12/17/93, the Johnson−Newton class counsel shall serve upon counsel for the defendants a particularized proposal for settlement of the class claims; that after consideration by the defendants, by 01/17/94, their counsel shall serve upon counsel for the Johnson−Newton class a particularized response from the defendants ( signed by Mag Judge Vanzetta P. McPherson ) , copies mailed to counsel. (dkt clerk) (Entered: 12/16/1993)

PACER
Dec. 20, 1993

Hearing out of the presence of the jury held on proposed compromise and settlement (dkt clerk) (Entered: 12/20/1993)

PACER
156 Jan. 4, 1994

ORDER, approving the supplemental legal notice of proposed consent decree and hearing; defendants shall cause the supplemental notice to be distributed as further set out in order by 01/07/94 set Settlement Fairness Hearing for 1:30 1/19/94 [Supplemental Legal Notice of Proposed Consent Decree and Hearing attached] ( signed by Judge Myron H. Thompson ) , copies mailed to counsel; furnished to MT and TW. (dkt clerk) (Entered: 01/04/1994)

PACER
157 Jan. 4, 1994

BRIEF by Humphrey L. Shuford, Connie Johnson, Karen Newton in support of [148−1] joint motion for approval of proposed compromise and settlement (Exhibits 1 − 7 attached); referred to Judge Myron H. Thompson (dkt clerk) (Entered: 01/04/1994)

PACER

Case Details

State / Territory:

Alabama

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: Feb. 24, 1989

Closing Date: June 8, 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All African American and female employees of a collegiate institution under jurisdiction of the Alabama State Board of Education who were denied the ability to be promoted because of race.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Alabama State Board of Education

Defendant Type(s):

College/University

Case Details

Causes of Action:

42 U.S.C. § 1981

42 U.S.C. § 1983

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

Constitutional Clause(s):

Equal Protection

Other Dockets:

Middle District of Alabama 2:89-cv-00196

Available Documents:

Any published opinion

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Comply with advertising/recruiting requirements

Develop anti-discrimination policy

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Goals (e.g., for hiring, admissions)

Other requirements regarding hiring, promotion, retention

Promotion

Reporting

Utilize objective hiring/promotion criteria

Amount Defendant Pays: $90,000

Issues

Discrimination Area:

Disparate Impact

Disparate Treatment

Hiring

Promotion

Discrimination Basis:

Race discrimination

Sex discrimination

Affected Race(s):

Black

Affected Sex/Gender(s):

Female

Recommended Citation