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 attrorneys, see: https://www.courtlistener.com/docket/5359822/parties/kennedy-v-alabama-state-boe/


Judge(s)

Albritton, William Harold III (Alabama)

Coody, Charles S. (Alabama)

Dubina, Joel Fredrick (Alabama)

McPherson, Vanzetta Penn (Alabama)

Thompson, Myron Herbert (Alabama)

Attorneys(s) for Plaintiff

Beck, George (Alabama)

Byrne, David Bryson Jr. (Alabama)

Caddell, Henry H (Alabama)

Cooper, Angelique (Alabama)

Davis, Terry G. (Alabama)

Judge(s)

Albritton, William Harold III (Alabama)

Coody, Charles S. (Alabama)

Dubina, Joel Fredrick (Alabama)

McPherson, Vanzetta Penn (Alabama)

Thompson, Myron Herbert (Alabama)

Attorneys(s) for Plaintiff

Beck, George (Alabama)

Byrne, David Bryson Jr. (Alabama)

Caddell, Henry H (Alabama)

Cooper, Angelique (Alabama)

Davis, Terry G. (Alabama)

Dean, Brenton L (Alabama)

Englehart, John Mark (Alabama)

Gray, Fred David Sr. (Alabama)

Hogewood, Catherine (Alabama)

Kelly, Anita L. (Alabama)

Long, Cory H (Alabama)

Parchman, Afrika (Alabama)

Pitters, Amardo Wesley (Alabama)

Sapp, Ernestine (Alabama)

Shoots, Vanessa A (Alabama)

Stein, Gregory B. (Alabama)

Thomas, Kenneth L. (Alabama)

Attorneys(s) for Defendant

Bachus, Spencer (Alabama)

Downs, Helen (Alabama)

Foshee, Jeff (Alabama)

George, Edward (Alabama)

Jones, William Donald (Alabama)

Schreiber, Joseph (Alabama)

Templeton, George A (Alabama)

Other Attorney(s)

Allen, Andrew Clay (Alabama)

Baker, Beverly P. (Alabama)

Berg, Maureen Kane (Alabama)

Blacksher, James U. (Alabama)

Carruthers, Thomas N. Jr. (Alabama)

Clark, Richard Scott (California)

Falkenberry, John C. (Alabama)

Fisher, Samuel (Alabama)

Fitzpatrick , Raymond P. Jr. (Alabama)

Gardner, Cecil (Alabama)

Hughes, Tessa (Alabama)

Hunt, Rebecca (Alabama)

Joseph, Anthony (Alabama)

Massey, W. Troy (Alabama)

McGowan, Candis A (Alabama)

Morgan, Randall (Alabama)

Parker, James M (Alabama)

Proll, Leslie M. (District of Columbia)

Pryor, William Holcombe Jr. (Alabama)

Ray, Borden M. Jr. (Alabama)

Riggs, Frank (Alabama)

Robertson, Ann C (Alabama)

Seay, Solomon S. Jr. (Alabama)

Segall, Robert D. (Alabama)

Stokes, Theron (Alabama)

Walston, Richard H. (Alabama)

Whatley, Joe R. Jr. (Alabama)

Wiggins, Robert L Jr. (Alabama)

Expert/Monitor/Master

Adams, John Wesley (Alabama)

Documents in the Clearinghouse

Document

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)

846 F.Supp. 1511

March 15, 1994

March 15, 1994

Order/Opinion
454

2:89-cv-00196

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

897 F.Supp. 1535, 1995 U.S.Dist.LEXIS 11978

Aug. 11, 1995

Aug. 11, 1995

Order/Opinion
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)

920 F.Supp. 1233

March 20, 1996

March 20, 1996

Order/Opinion
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)

968 F.Supp. 1486

May 23, 1997

May 23, 1997

Order/Opinion

2:89-cv-00196

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

978 F.Supp. 1008

Sept. 8, 1997

Sept. 8, 1997

Order/Opinion

Resources

Docket

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

Last updated Aug. 2, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link

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

Feb. 24, 1989

Feb. 24, 1989

1298

ORDER denying as unnecessary 1293 Motion to extend the consent decree; declaring that all objections filed before the expiration of the consent decree on 12/31/05 shall be resolved as further set out in order; Signed by Judge Myron H. Thompson on 1/11/06. (ajr, )

Jan. 11, 2006

Jan. 11, 2006

RECAP
1

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

Feb. 24, 1989

Feb. 24, 1989

2

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)

Feb. 28, 1989

Feb. 28, 1989

3

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)

March 2, 1989

March 2, 1989

4

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)

March 3, 1989

March 3, 1989

5

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)

March 8, 1989

March 8, 1989

6

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)

March 21, 1989

March 21, 1989

11

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)

March 23, 1989

March 23, 1989

12

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)

March 23, 1989

March 23, 1989

30

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)

May 17, 1989

May 17, 1989

33

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

June 7, 1989

June 7, 1989

43

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)

June 12, 1991

June 12, 1991

45

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)

June 12, 1991

June 12, 1991

46

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)

June 12, 1991

June 12, 1991

47

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

June 12, 1991

June 12, 1991

66

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)

Feb. 12, 1992

Feb. 12, 1992

69

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

March 2, 1992

March 2, 1992

69

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)

March 2, 1992

March 2, 1992

75

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)

July 24, 1992

July 24, 1992

77

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)

Nov. 20, 1992

Nov. 20, 1992

78

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)

Feb. 19, 1993

Feb. 19, 1993

81

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)

March 29, 1993

March 29, 1993

82

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)

May 6, 1993

May 6, 1993

84

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)

May 11, 1993

May 11, 1993

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

May 17, 1993

May 17, 1993

86

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)

June 2, 1993

June 2, 1993

87

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)

June 7, 1993

June 7, 1993

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

June 9, 1993

June 9, 1993

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

June 10, 1993

June 10, 1993

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

June 10, 1993

June 10, 1993

88

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)

June 11, 1993

June 11, 1993

89

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)

June 16, 1993

June 16, 1993

90

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)

June 17, 1993

June 17, 1993

90

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)

June 17, 1993

June 17, 1993

91

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)

June 18, 1993

June 18, 1993

92

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)

June 22, 1993

June 22, 1993

93

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

June 23, 1993

June 23, 1993

94

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

June 23, 1993

June 23, 1993

95

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

June 28, 1993

June 28, 1993

96

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)

June 29, 1993

June 29, 1993

97

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)

June 30, 1993

June 30, 1993

98

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:

June 30, 1993

June 30, 1993

100

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

July 7, 1993

July 7, 1993

101

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)

July 13, 1993

July 13, 1993

102

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)

July 14, 1993

July 14, 1993

103

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)

July 19, 1993

July 19, 1993

104

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)

July 26, 1993

July 26, 1993

105

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)

July 30, 1993

July 30, 1993

106

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)

Aug. 3, 1993

Aug. 3, 1993

107

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

Aug. 3, 1993

Aug. 3, 1993

108

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)

Aug. 4, 1993

Aug. 4, 1993

109

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)

Aug. 5, 1993

Aug. 5, 1993

110

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)

Aug. 6, 1993

Aug. 6, 1993

111

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)

Aug. 17, 1993

Aug. 17, 1993

112

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)

Aug. 25, 1993

Aug. 25, 1993

113

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)

Sept. 20, 1993

Sept. 20, 1993

115

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)

Sept. 23, 1993

Sept. 23, 1993

116

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)

Sept. 27, 1993

Sept. 27, 1993

117

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)

Sept. 30, 1993

Sept. 30, 1993

118

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)

Sept. 30, 1993

Sept. 30, 1993

119

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)

Sept. 30, 1993

Sept. 30, 1993

120

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

Oct. 4, 1993

Oct. 4, 1993

121

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)

Oct. 4, 1993

Oct. 4, 1993

122

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

Oct. 4, 1993

Oct. 4, 1993

123

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)

Oct. 4, 1993

Oct. 4, 1993

124

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

Oct. 4, 1993

Oct. 4, 1993

124

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

Oct. 4, 1993

Oct. 4, 1993

125

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)

Oct. 4, 1993

Oct. 4, 1993

126

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)

Oct. 13, 1993

Oct. 13, 1993

127

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)

Oct. 15, 1993

Oct. 15, 1993

128

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)

Oct. 19, 1993

Oct. 19, 1993

129

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)

Oct. 19, 1993

Oct. 19, 1993

130

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)

Oct. 21, 1993

Oct. 21, 1993

131

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)

Oct. 21, 1993

Oct. 21, 1993

132

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)

Oct. 22, 1993

Oct. 22, 1993

133

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)

Oct. 22, 1993

Oct. 22, 1993

134

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

Oct. 26, 1993

Oct. 26, 1993

135

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

Oct. 26, 1993

Oct. 26, 1993

136

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

Oct. 26, 1993

Oct. 26, 1993

137

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

Oct. 26, 1993

Oct. 26, 1993

138

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

Oct. 26, 1993

Oct. 26, 1993

139

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

Oct. 26, 1993

Oct. 26, 1993

140

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)

Oct. 28, 1993

Oct. 28, 1993

141

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)

Oct. 29, 1993

Oct. 29, 1993

142

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)

Oct. 29, 1993

Oct. 29, 1993

143

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)

Nov. 1, 1993

Nov. 1, 1993

144

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

Nov. 1, 1993

Nov. 1, 1993

146

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)

Nov. 3, 1993

Nov. 3, 1993

147

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)

Nov. 17, 1993

Nov. 17, 1993

147

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)

Nov. 17, 1993

Nov. 17, 1993

148

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)

Nov. 19, 1993

Nov. 19, 1993

149

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)

Nov. 19, 1993

Nov. 19, 1993

150

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)

Nov. 30, 1993

Nov. 30, 1993

151

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)

Dec. 8, 1993

Dec. 8, 1993

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

Dec. 15, 1993

Dec. 15, 1993

152

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)

Dec. 16, 1993

Dec. 16, 1993

153

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)

Dec. 16, 1993

Dec. 16, 1993

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

Dec. 20, 1993

Dec. 20, 1993

156

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)

Jan. 4, 1994

Jan. 4, 1994

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

Alabama State Board of Education (Montgomery, Montgomery), State

Defendant Type(s):

College/University

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1981

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

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $90,000

Content of Injunction:

Utilize objective hiring/promotion criteria

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

Issues

General:

Disparate Impact

Disparate Treatment

Discrimination-area:

Hiring

Promotion

Discrimination-basis:

Race discrimination

Sex discrimination

Race:

Black

Affected Gender:

Female