Case: Crum v. State of Alabama

2:94-cv-00356 | U.S. District Court for the Middle District of Alabama

Filed Date: March 24, 1994

Case Ongoing

Clearinghouse coding complete

Case Summary

On November 21, 1991, employees of the State of Alabama filed this lawsuit against numerous state agencies and departments, claiming racial discrimination in hiring, discipline, layoffs and other terms and conditions of employment. This was the first of many similar complaints to be filed in subsequent years against various Alabama State boards and departments, including the Department of Public Health and the Alabama Labor Board. Multiple amended versions were filed for each complaint. Beginni…

On November 21, 1991, employees of the State of Alabama filed this lawsuit against numerous state agencies and departments, claiming racial discrimination in hiring, discipline, layoffs and other terms and conditions of employment. This was the first of many similar complaints to be filed in subsequent years against various Alabama State boards and departments, including the Department of Public Health and the Alabama Labor Board. Multiple amended versions were filed for each complaint. Beginning on March 8, 1994, various motions to dismiss were filed by the defendants to dismiss the claims listed in the complaints on the grounds of, among other things, sovereign immunity.

On March 24, 1994, U.S. District Court Judge Myron H. Thompson ordered consolidation of all these cases in case no. 94-T-356-N. The plaintiffs then filed an all-encompassing amended complaint on May 2, 1994 under 42 U.S.C. § 1981 and § 1983 against the state in the United States District Court for the Middle District of Alabama. Later, claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. were added to the case.

On September 15, 1994, the plaintiffs filed motions to certify both a defendant class of all agencies and departments of Alabama, and a plaintiff class consisting of all African-Americans who applied for employment opportunities with the State of Alabama, or would have applied for such opportunities in the absence of the racial discrimination alleged in defendants' selection procedure. After discovery and extensive litigation, Judge Thompson issued an order on June 21 and June 22, 2001 denying both motions.

Judge Thompson denied the defendants' motion to dismiss the plaintiffs' disparate-impact Title VII claims due to Eleventh Amendment immunity on June 1, 1998. 4 F. Supp. 2d 1092. The defendants appealed, and the Eleventh Circuit (Judges R. Lanier Anderson III, Gerald B. Tjoflat, and Peter T. Fay) affirmed in a December 29, 1999 opinion. The court explained that Congress had abrogated states' sovereign immunity when it enacted Title VII's disparate impact provisions, and that the Fourteenth Amendment's enforcement power authorized Congress's action. 198 F.3d 1305.

Throughout litigation, some intervention complaints were converted into separate lawsuits while others were consolidated into this case. For example, the court on July 2, 1998 confirmed the non-consolidation of Reynolds v. Alabama Department of Transportation. However, United States v. Ballard, a case that was consolidated with Reynolds, was declared to be correctly consolidated with this present case. Thus, the court's aforementioned denial of defendants' motion to dismiss dealt with the consolidated cases of Reynolds and Ballard, and in doing so, addressed the same concern in this case. An attempt to consolidate this case and Reynolds in the Eleventh Circuit on appeal was again denied on July 30, 2003.

On April 5, 2001, the court dismissed the Title VII actions against the individual defendants in their individual and official capacities, leaving those claims only against state entities. For non-Title VII claims, the court dismissed the claims as against the state entities generally and against the individual defendants as it pertained to damages. Thus, the remaining non-Title VII claims were against individual defendants in their official capacities for injunctive relief.

On March 17, 2003, the plaintiffs again filed motions for certification of both a plaintiff class and a defendant class. On December 27, 2004, the defendant filed motion for summary judgment, which was denied by Judge Thompson on May 3, 2005. On March 24, 2006, the defendant filed a motion for a ruling on the class certification claims of 2003.

On July 5, 2005, the named plaintiff Eugene Crum, Jr. entered a stipulation to dismiss their claims, and the court dismissed Crum's claims on July 21, 2005.

Starting on May 2, 2007, Judge Thompson granted multiple motions to intervene that were filed throughout the 15-year litigation period. In doing so, Judge Thompson converted any related complaints-in-intervention to separate lawsuits. At this point, nearly all the attorneys filed individual motions to withdraw, and all such motions were granted. This lasted through the year 2009. On November 30, 2009, Judge Thompson denied class certification.

Beginning in February 2013, stipulations regarding dismissal of claims began being filed, leading the court to dismiss individual plaintiffs and their claims from the case. The court further dismissed the claims of plaintiffs who had passed away over the course of litigation. Additionally, the court began granting defendants' motions for summary judgment as to individual plaintiffs or, in the alternative, defendants' motions to dismiss for want of prosecution.

On August 7, 2017, the court granted a motion to convert plaintiff John Bradford's complaint into a separate lawsuit and further ordered the closing of this case.

Summary Authors

Joshua Arocho (6/26/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5325140/parties/crum-v-state-of-alabama/


Judge(s)

Anderson, Robert Lanier III (Georgia)

Coody, Charles S. (Alabama)

Fay, Peter Thorp (Florida)

Thompson, Myron Herbert (Alabama)

Tjoflat, Gerald Bard (Florida)

Attorneys(s) for Plaintiff

Adams, Russell Wayne (Alabama)

Alstyne, Abigail Pruyn Van (Alabama)

Blizzard, Henry Wallace III (Alabama)

Calamusa, Rocco Jr. (Alabama)

Childs, Robert F. Jr. (Alabama)

Judge(s)

Anderson, Robert Lanier III (Georgia)

Coody, Charles S. (Alabama)

Fay, Peter Thorp (Florida)

Thompson, Myron Herbert (Alabama)

Tjoflat, Gerald Bard (Florida)

Attorneys(s) for Plaintiff

Adams, Russell Wayne (Alabama)

Alstyne, Abigail Pruyn Van (Alabama)

Blizzard, Henry Wallace III (Alabama)

Calamusa, Rocco Jr. (Alabama)

Childs, Robert F. Jr. (Alabama)

Donahue, Susan Gale (Alabama)

Gallion, Thomas T. III (Alabama)

Griffith, Amelia Haines (Alabama)

Perkins, Byron Renard (Alabama)

Simon, Kell Ascher (Texas)

Tepley, Peter John (Alabama)

Walston, Richard H. (Alabama)

Wiggins, Ann K. (Alabama)

Attorneys(s) for Defendant

Abbot, Richard Taylor Jr. (Alabama)

Avery, Abigail Hood (Alabama)

Barker, Constance S. (Alabama)

Barnett, Henry Clay Jr. (Alabama)

Bates, Roger Lee (Alabama)

Bell, Theodore Patrick (Alabama)

Biggs, Gregory Marion (Alabama)

Boyd, David R. (Alabama)

Byrne, Alice Ann (Alabama)

Campbell, Andrew P (Alabama)

Clemon, A. Michelle (Alabama)

Craven, Larry Eugene (Alabama)

Dean, David Johnson (Alabama)

Dettling, Aaron L. (Alabama)

Dowdy, Kenneth A. (Alabama)

Evans, James Harold (Alabama)

Fillingim, Gary W. (Alabama)

Fleming, Margaret L. (Alabama)

Fuller, Ben A. (Alabama)

Gardner, William F. (Alabama)

Garrett, Billington Malone (Alabama)

Gillis, Henry Lewis (Alabama)

Gottlieb, Carl Robert Jr. (Alabama)

Hoaglund, Eric Daniel (Alabama)

Holmes, John Barksdale III (Alabama)

Hosp, Edward Andrew (Alabama)

Huntley, Willie J. Jr. (Alabama)

Ippolito, Jim Robert Jr. (Alabama)

Isler, Mai Lan Fogal (Alabama)

Jordan, Nikaa Baugh (Alabama)

Kauffman, Douglas Brian (Alabama)

Kelly, Anita L. (Alabama)

Lee, Brandy Murphy (Alabama)

Lightfoot, Warren B Jr (Alabama)

Loper, David M. (Alabama)

Marsh, Frank Decalve (Alabama)

Miller, Keith S. (Alabama)

Morrow, Roger Stephen (Alabama)

Musso, Joe (Alabama)

Park, John J. Jr. (Alabama)

Pryor, William Holcombe Jr. (Alabama)

Redd, Andrew Weldon (Alabama)

Reed, Charles R. (California)

Rigsby, Nefertari Sudetta (Alabama)

Romine, John J. (Alabama)

Russell, Robert Jackson (Alabama)

Shashy, William A. (Alabama)

Sims, Patrick H. (Alabama)

Sinclair, Thomas O'Neal (Alabama)

Smith, David Michael (Alabama)

Sorrells, Reginald Lee (Alabama)

Stuedeman, Amy L. (Alabama)

Thomas, Kenneth L. (Alabama)

Tunstill, Wendy Tyler (Alabama)

Ussery, R. Frank (Alabama)

Waggoner, Mark T (Alabama)

Walker, Jordan Dorman (Alabama)

Wallis, Jenifer Champ (Alabama)

Watson, Kenneth Alan (Alabama)

Weinberg, Robert M. (Alabama)

Weller, Christopher W. (Alabama)

White, Michael Ronald (Alabama)

York, Cinda Ruth (Alabama)

Other Attorney(s)

Allen, Edward Smith (Alabama)

Bain, Charles Mark (Alabama)

Borden, Lisa Wright (Alabama)

Bowden, Ronald James (Alabama)

Breckenridge, John J. (Alabama)

Butler, William O. III (Alabama)

Coleman, John James III (Alabama)

Corscadden, Scott William (Alabama)

Culberson, Mary Elizabeth (Alabama)

Culverhouse, Renee D. (Alabama)

Davis, Edward Earl (Alabama)

Ebbinghouse, Richard J (Alabama)

Ficquette, Sharon Elaine (Alabama)

Freeman, Ashley Hawkins (Alabama)

Garber, Alan H (Georgia)

Gerard, Carol Robin (Alabama)

Gilliland, Scott A. (Alabama)

Givhan, Robert Marc (Alabama)

Grider, Ricky (Alabama)

Hamlett, Ashley (Alabama)

Heidt, Frances (Alabama)

Higgins, Pamela Robinson (Alabama)

Hyde, Robbie (Alabama)

Jackson, Christina Harris (Alabama)

Jernigan, Adero Solvini (Alabama)

Jones, George E. III (Alabama)

Kelley, William Franklin Jr. (Alabama)

Laurie, Robin Garrett (Alabama)

Leitman, Eddie (Alabama)

Long-Daniels, David Wayne (Georgia)

Masters, Daryl L. (Alabama)

McGowin, Dana Wright (Alabama)

McKinney, Ricky J. (Alabama)

Meadows, Richard N. (Alabama)

Mendelsohn, James A. (Alabama)

O'Neal, Lynne Stephens (Alabama)

Osborn, James Michael (Alabama)

Page, Kimberly C. (Alabama)

Pilcher, Mary Egleston (Alabama)

Prendergast, William Francis (Alabama)

Proctor, Laura Ellison (Tennessee)

Redmond, Wesley Clyde (Alabama)

Robinson, Gregory J. (Alabama)

Schmitz, Peggy L. (Alabama)

Sheffield, Erica L. (Alabama)

Simpson, Stephen K. (Alabama)

Sloan, Thomas Dwight (Alabama)

Stephens, William Taft (Alabama)

Tambling, Robert Douglas (Alabama)

Tarver, Courtney W. (Alabama)

Terrell, Christopher Trolson (Alabama)

Trawick, Gary R. (Alabama)

Vega, Mathew A. (Tennessee)

Wells, Barbara Jean (Alabama)

Westry, Milton J. (Alabama)

Wible, John Richard (Alabama)

Winston, Lee D (Alabama)

Expert/Monitor/Master

Calvin, Joseph Hiram III (Alabama)

Cooks, Roderick Twain (Alabama)

Garner, Gwendolyn Bulger (Alabama)

Documents in the Clearinghouse

Document

Docket

Aug. 7, 2017 Docket
124

Motion for Certification of a Plaintiff Class

Sept. 15, 1994 Pleading / Motion / Brief
122

Motion for Certification of a Defendant Class of All Agencies and Departments at the State of Alabama

Sept. 15, 1994 Pleading / Motion / Brief

Opinion (11th Circuit)

U. S. Court of Appeals for the Eleventh Circuit

198 F.3d 1305

Dec. 29, 1999 Order/Opinion
362

Judgment from USCA 11th Circuit Affirming District Court's Decision Denying Defendant's Motion to Dismiss Disparate Impact Claims against State of AL

U. S. Court of Appeals for the Eleventh Circuit

April 11, 2000 Order/Opinion
416

Order

April 5, 2001 Order/Opinion
608

Motion For Certification of a Defendant Class of All Agencies and Departments of the State of Alabama

March 17, 2003 Pleading / Motion / Brief
606

Motion for Certification of Plaintiff Class

March 17, 2003 Pleading / Motion / Brief
608

Motion for Certification of a Defendant Class of All Agencies and Departments of the State of Alabama

March 17, 2003 Pleading / Motion / Brief
737

Order (Denying Defendant's Motion for Summary Judgment)

May 3, 2005 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5325140/crum-v-state-of-alabama/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link

SKELETON CASE - LIVE DOCKET ENTRIES BEGIN AS OF 3/24/94. (dkt clerk)

Nov. 21, 1991 PACER

COMPLAINT (Civil Action No. 91-T-1414-N) (dkt clerk)

Nov. 21, 1991 PACER

ANSWER (Filed in CA No. 91-T-1414-N) to Complaint by State of Alabama Per, Halycon Vance Ballard (Attorney R. Frank Ussery). (dkt clerk) Modified on 03/30/1994

Dec. 26, 1991 PACER

ANSWER (Filed in CA No. 91-T-1414-N) to Complaint by Alabama Commission, Oscar Tucker (Attorney Billington M. Garrett), referred to Judge Thompson. (dkt clerk)

Jan. 9, 1992 PACER

COMPLAINT (Civil Action No. 92-T-1609-N) (dkt clerk)

Dec. 30, 1992 PACER

ANSWER to Complaint by Halycon Vance Ballard, referred to Judge Hobbs. (Filed in CA No. 92-T-1609-N) (dkt clerk)

Jan. 22, 1993 PACER

ANSWER to Complaint by James Martin, referred to Judge Hobbs. (Filed in CA No. 92-T-1609-N) (dkt clerk)

Jan. 26, 1993 PACER

ANSWER to Complaint by John Dutton, referred to Judge Hobbs. (Filed in CA No. 92-T-1609-N) (dkt clerk)

Feb. 5, 1993 PACER

COMPLAINT (Civil Action No. 93-T-287-N) (dkt clerk)

March 9, 1993 PACER

COMPLAINT (Civil Action No. 93-T-423-N) (dkt clerk)

April 2, 1993 PACER

AMENDED COMPLAINT (Civil Action No. 93-T-287-N) (dkt clerk)

April 12, 1993 PACER

AMENDED COMPLAINT (Civil Action No. 93-T-287-N) (dkt clerk)

April 26, 1993 PACER

ANSWER to Complaint by Halycon Vance Ballard, Joe Williamson, John Hathaway, Joe Dixon, Ruth Harrell, Harry McMillian, referred to Judge Thompson. (Filed in CA No. 93-T-423-N) (dkt clerk)

April 29, 1993 PACER

ANSWER to Complaint by Dept. of Corrections, Morris Thigpen referred to Judge Thompson. (Filed in CA No. 93-T-287-N) (dkt clerk)

May 20, 1993 PACER

ANSWER by Dept. of Corrections, Morris Thigpen to amended complaint. Referred to Judge Thompson. (Filed in CA No. 93-T-287-N) (dkt clerk)

May 20, 1993 PACER

COMPLAINT (Civil Action No. 93-T-647-N) (dkt clerk)

May 21, 1993 PACER

ANSWER to Complaint by St. of Alabama Personnel, Halycon Vance Ballard, referred to Judge Thompson. (Filed in CA No. 93-T-287-N) (dkt clerk)

May 25, 1993 PACER

INTERVENOR'S COMPLAINT by Rodney Huntley, Grant Culliver, Willie Kelley, Pauline Burton, Milton Burton, Earnest Wright, Ricky Grider, Tamblyn Witherspoon, Presley Coleman, Willie Harris, Samuel Foster, Michael Hopkins against the State of Alabama, State of Alabama Personnel Board and Department, Department of Corrections, Halycon Vance Ballard, and Morris Thigpen. (Filed in CA No. 93-T-287-N) (dkt clerk) Modified on 03/30/1994

June 16, 1993 PACER

ANSWER by St. of Alabama Personnel, Halycon Vance Ballard to amended intervenor complaint. Referred to Judge Thompson. (Filed in CA No. 93-T-287-N) (dkt clerk)

July 13, 1993 PACER

AMENDMENT TO COMPLAINT (Civil Action Nos. 91-T-1414-N and 92-T-1609-N) (dkt clerk)

July 28, 1993 PACER

AMENDMENT TO COMPLAINT (Civil Action No. 93-T-423-N) (dkt clerk)

July 28, 1993 PACER

See 93-T-423-N for scanned Order dated this date (ajr)

July 28, 1993 PACER

ANSWER by Dept. of Corrections to amended complaint in intervention, referred to Judge Thompson. (Filed in CA No. 93-T-287-N) (dkt clerk)

Aug. 3, 1993 PACER

AMENDED COMPLAINT (Civil Action Nos. 91-T-1414-N and 92-T-1609-N) (dkt clerk)

Aug. 9, 1993 PACER

AMENDED COMPLAINT (Civil Action No. 93-T-423-N) (dkt clerk)

Aug. 9, 1993 PACER

COMPLAINT IN INTERVENTION by Ethelene Duster against State of Alabama, State of Alabama Personnel Board and Department, Halycon Vance Ballard, Florence/Lauderdale County Emergency Management Agency, State of Alabama Emergency Management Agency, Lauderdale County, and Lauderdale County Commission (Filed in CA NO. 93-T-287-N). (dkt clerk) Modified on 03/30/1994

Sept. 3, 1993 PACER

COMPLAINT IN INTERVENTION by Samuel L. Price against AL Alcoholic Beverage Control Board, State of Alabama Personnel Board and Department, Halycon Vance Ballard, and State of Alabama. (Filed in CA No. 93-T-287-N) (dkt clerk) Modified on 03/30/1994

Sept. 3, 1993 PACER

ANSWER (Filed in CA No. 91-T-1414-N) by Claude Hooks, Jr. to amended complaint, referred to Judge Thompson. (dkt clerk)

Sept. 3, 1993 PACER

ANSWER (Filed in CA No. 91-T-1414-N) by Charles Grimsley to amended complaint. Referred to Judge Thompson. (dkt clerk)

Sept. 3, 1993 PACER

AMENDED INTERVENOR'S COMPLAINT by Rodney Huntley, Willie Kelley, Grant Culliver, Pauline Burton, Milton Burton, Ricky Grider, Tamblyn Witherspoon, Presley Coleman, Willie Harris, Samuel Foster, Michael Hopkins. (Filed in CA No. 93-T-287-N)(dkt clerk) Modified on 03/30/1994

Sept. 8, 1993 PACER

AMENDED INTERVENOR'S COMPLAINT by Ethelene Duster. (Filed in CA NO. 93-T-287-N) (dkt clerk) Modified on 03/30/1994

Sept. 8, 1993 PACER

AMENDED INTERVENOR'S COMPLAINT by Samuel L. Price. (Filed in CA NO. 93-T-287-N) (dkt clerk) Modified on 03/30/1994

Sept. 8, 1993 PACER

INTERVENOR'S COMPLAINT by Carol Banks against State of Alabama, State of Alabama Personnel Board and Department, Halycon Vance Ballard, Dept. of Industrial Relations, James C. Holland, Otto Hammonds, and James E. Folsom, Jr. (Filed in CA No. 93-T-287-N) (dkt clerk) Modified on 03/30/1994

Sept. 20, 1993 PACER

AMENDMENT TO COMPLAINT (Civil Action No. 93-T-647-N) (dkt clerk)

Sept. 29, 1993 PACER

ANSWER by AL Alcoholic Beverage to amended complaint in intervention by Samuel Price, referred to Judge Thompson. (Filed in CA No. 93-T-287-N) (dkt clerk)

Nov. 12, 1993 PACER

ANSWER by St. of AL Personnel, Halycon Vance Ballard to amended complaint in intervention of Carol Banks. Referred to Judge Thompson. (Filed in CA No. 93-T-287-N) (dkt clerk)

Dec. 8, 1993 PACER

ANSWER by St. of AL Personnel, Halycon Vance Ballard to amended complaint in intervention of Samuel Price. Referred to Judge Thompson. (Filed in CA No. 93-T-287-N) (dkt clerk)

Dec. 9, 1993 PACER

ANSWER by St. of AL Personnel, Halycon Vance Ballard to amended complaint in intervention of Ethelene Duster. Referred to Judge Thompson. (Filed in CA No. 93-T-287-N) (dkt clerk)

Dec. 9, 1993 PACER

ANSWER by State of AL Emergency to amended complaint in intervention of Ethelene Duster. Referred to Judge Thompson. (Filed in CA No. 93-T-287-N) (dkt clerk)

Dec. 10, 1993 PACER

ORDER; set Scheduling Order Deadlines: Discovery cutoff to 10/21/94 ; Status conference by 4:30 5/10/94; Motion Filing to 10/3/94 ; Pretrial Conference for 4:00 11/4/94 before Judge Myron H. Thompson ; Proposed Pretrial Order due 11/1/94 ; Non-jury trial set for 12/5/94 before Judge Myron H. Thompson ;, Status Conference 8/10/94 before Judge Myron H. Thompson ; that any motion for class certification be filed by 9/1/94. (dkt clerk)

Dec. 17, 1993 PACER

INTERVENOR'S COMPLAINT by David Barley, Clyde Chatman, Betty Crum, Katherine Matthews, Wanda Jackson Speights, Theodore Jones, Lewis Gilchrist, Terry Dale Goodson, Carolyn A. Ball, David Said, Herman Powell, Earl Vaughn, Nonie Williams, Darrell Wright, Gladys Jones, Roosevelt Mays, Jr., Eddie G. McCoy, Deborah F. Lumpkin, Romanza A. Hamilton, Jacqueline J. Jackson, Mable G. Elliott, Jerome F. Dangerfield, Freddy Golthy, and John Bradford against State of Alabama, State of Alabama Personnel Board, James E. Folsom, Jr., Alabama Dept. of Economics and Community Affairs, Alabama Industrial Development Training Agency, Alabama Bureau of Tourism and Travel, Alabama Dept. of Agriculture and Industries, Alabama Department of Education, Alabama Department of Revenue, Dept. of Public Health, Alabama Development Office, Attorney's General Office, Retirement System of Alabama, Alabama State Board of Registrars, Dept. of Human Resources, Dept. of Mental Health, Alabama Medicaid Agency, Alabama Board of Public Accounting, Alabama Commission on Physical Fitness, Alabama Labor Board, Alabama Medicaid Agency, Alabama State Docks Department, Dept. of Education, The Dept. of Transportation. (Filed in CA NO. 93-T-287-N) (dkt clerk) Modified on 03/30/1994

Dec. 28, 1993 PACER

ANSWER by Dept. of Industrial to intervenor complaint of David Barley, etc., filed 12/28/93. Referred to Judge Thompson. (Filed in CA No. 93-T-287-N) (dkt clerk)

Dec. 28, 1993 PACER

ANSWER to Complaint by St. of Alabama Dept. Education, Wayne Teague, Steve Franks, Dean Argo, Randall Peacock, Nancy Beggs, Vickie Cole, referred to Judge Hobbs. (Filed in CA No. 93-T-647-N) (dkt clerk)

Jan. 4, 1994 PACER

AMENDMENT to AMENDED COMPLAINT by Robert L. Smith (Filed in CA No. 91-T-1414-N) (dkt clerk)

Jan. 13, 1994 PACER

ANSWER by Charles Grimsley to amendment to amended complaint, referred to Judge Thompson. (Filed in CA No. 91-T-1414-N) (dkt clerk)

Jan. 24, 1994 PACER

ANSWER by Halycon Vance Ballard, Joe Williamson, John Hathaway, Joe Dixon, Harry McMillan, Ruth Harrell to amended complaint and amendment to amended complaint, referred to Judge Thompson. (dkt clerk)

Feb. 7, 1994 PACER

AMENDED INTERVENOR'S COMPLAINT by David Barley, Clyde Chatman, Betty Crum, Katherine Matthews, Wanda Jackson Speights, Theodore Jones, Lewis Gilchrist, Terry Dale Goodson, Carolyn A. Ball, David Said, Herman Powell, Earl Vaughn, Nonie Williams, Darrell Wright, Gladys Jones, Roosevelt Mays, Jr., Eddie G. McCoy, Deborah F. Lumpkin, Romanza A. Hamilton, Jacquelyn J. Jackson-Kelly, Mable G. elliott, Jerome F. Dangerfield, Freddy Golthy, John Bradford. (Filed in CA No. 93-T-287-N) (dkt clerk) Modified on 03/30/1994

Feb. 8, 1994 PACER

MOTION by Dept Human Resources to Dismiss complaint of John Bradford (Filed in CA No. 93-T-287-N) referred to Judge Myron H. Thompson (dkt clerk) Modified on 03/29/1994

Feb. 8, 1994 PACER

MOTION by Dept Human Resources to Dismiss complaint of Jacquelyn J. Jackson (Filed in CA No. 93-T-287-N) referred to Judge Myron H. Thompson (dkt clerk) Modified on 03/29/1994

Feb. 8, 1994 PACER

ANSWER by State of Alabama, Dept. of Industrial, James E. Folsom, Jr. to intervenor complaint by Carol Banks, referred to Judge Thompson. (Filed in CA No. 93-T-287-N) (dkt clerk)

Feb. 16, 1994 PACER

ANSWER by James C. Holland, Otto Hammonds to intervenor complaint of Carol Banks, referred to Judge Thompson. (Filed in CA No. 93-T-287-N) (dkt clerk)

Feb. 16, 1994 PACER

ANSWER by AL State Docks Dept. to intervenor complaint by Jerome F. Dangerfield, etc., referred to Judge Thompson. (Filed in CA No. 93-T-287-N) (dkt clerk)

Feb. 18, 1994 PACER

ANSWER to Complaint by State of Alabama. Referred to Judge Thompson. (Filed in CA No. 93-T-287-N) (dkt clerk)

Feb. 22, 1994 PACER

ANSWER to Complaint by State of Alabama, James E. Folsom, Jr. Referred to Judge Thompson. (Filed in CA No. 93-T-287-N) (dkt clerk)

Feb. 22, 1994 PACER

ANSWER by Lauderdale County to amended intervenor complaint by Ethelene Duster, referred to Judge Thompson. (Filed in CA No. 93-T-287-N) (dkt clerk)

Feb. 22, 1994 PACER

AMENDED ANSWER to intervenor complaint of Jerome F. Dangerfield by AL State Docks Dept. Referred to Judge Thompson. (Filed in CA No. 93-T-287-N) (dkt clerk)

Feb. 24, 1994 PACER

ANSWER by State of Alabama, James E. Folsom, Jr. to amended complaint in intervention of Samuel Price. Referred to Judge Thompson. (Filed in CA No. 93-T-287-N) (dkt clerk)

Feb. 25, 1994 PACER

MOTION by Dept Public Health to Dismiss, or, in the alternative, for Summary Judgment (affidavit of Sandra A. Wood [Exhibit A] and Exhibit B attached), (Filed in CA No. 93-T-287-N), referred to Judge Myron H. Thompson (dkt clerk)

March 8, 1994 PACER

AMENDMENT TO ANSWER to Complaint in intervention by State of AL Emergency, referred to Judge Thompson. (Filed in CA No. 93-T-287-N) (dkt clerk)

March 10, 1994 PACER

ANSWER by State of AL Emergency to amended intervenor complaint. Referred to Judge Thompson. (Filed In CA No. 93-T-287-N) (dkt clerk)

March 10, 1994 PACER

ANSWER by John Dutton to amended complaint and amendment to amended complaint, referred to Judge Thompson. (dkt clerk)

March 11, 1994 PACER

MOTION by AL Bd of Registrars to Dismiss, or, in the alternative, for Summary Judgment (affidavit of Anita Tatum attached) (Filed in CA No. 93-T-287-N) referred to Judge Myron H. Thompson (dkt clerk)

March 14, 1994 PACER

ANSWER to Complaint by AL Ind Dev Training, referred to Judge Thompson. (Filed in CA No. 93-T-287-N) (dkt clerk)

March 14, 1994 PACER

MOTION by Retirement System to Dismiss claims of Jacquelyn J. Jackson and Freddy Golthy (Filed in CA No. 93-T-287-N) referred to Judge Myron H. Thompson (dkt clerk)

March 15, 1994 PACER

MEMORANDUM by Retirement System in support of [0-1] motion to Dismiss claims of Jacquelyn J. Jackson and Freddy Golthy by Retirement System referred to Judge Myron H. Thompson (Filed in CA No. 93-T-287-N) (dkt clerk) Modified on 03/30/1994

March 15, 1994 PACER

MOTION by Bd Public Accounting to Dismiss complaint in intervention of Jacqueline Johnson referred to Judge Myron H. Thompson (Filed in CA No. 93-T-287-N) (dkt clerk) Modified on 03/30/1994

March 15, 1994 PACER

MOTION by AL Labor Board to Dismiss claims of Jacquelyn Jackson-Kelley, or, in the alternative for Summary Judgment (affidavit of Claude R. Morgan, Jr. attached) (Filed in CA No. 93-T-287-N), referred to Judge Myron H. Thompson (dkt clerk)

March 15, 1994 PACER

MOTION by AL Medicaid Agency to Dismiss complaint of Mable Elliott, or, in the alternative, for Summary Judgment (Exhibit A attached) (Filed in CA No. 93-T-287-N), referred to Judge Myron H. Thompson (dkt clerk)

March 15, 1994 PACER

MOTION by AL Medicaid Agency to Dismiss complaint of Jacquelyn J. Jackson, or, in the alternative for Summary Judgment (Exhibits A-B attached) (Filed in CA No. 93-T-287-N), referred to Judge Myron H. Thompson (dkt clerk)

March 15, 1994 PACER

ANSWER by Dept of Agriculture to amended complaint in intervention of David Said, Herman Powell, Nonie Williams, and Earl Vaughn, referred to Judge Thompson. (Filed in CA No. 93-T-287-N) (dkt clerk)

March 15, 1994 PACER

ANSWER by AL Dept of Economics to intervenor complaint. Referred to Judge Thompson. (Filed in CA No. 93-T-287-N) (dkt clerk)

March 15, 1994 PACER

ANSWER by AL Dept of Education to intervenor complaint, referred to Judge Thompson. (Filed in CA No. 93-T-287-N) (dkt clerk)

March 15, 1994 PACER

ANSWER to Complaints and Complaint in intervention by James E. Folsom, Jr. Referred to Judge Thompson. (Filed in CA No. 93-T-287-N) (dkt clerk)

March 15, 1994 PACER

MOTION by AL Bureau of Tourism to Dismiss complaint in intervention of Carolyn A. Ball referred to Judge Myron H. Thompson (Filed in CA No. 93-T-287-N) (dkt clerk) Modified on 03/30/1994

March 16, 1994 PACER

ORDER (Filed in CA No. 93-T-287-N) [0-1] motion to Dismiss by Dept Public Health set for submission on 3/31/94, [0-2] motion for Summary Judgment by Dept Public Health set for submission on 3/31/94, set Brief deadline to 3/31/94 ( signed by Judge Myron H. Thompson ), copies mailed to counsel; furnished to TW. (dkt clerk) Modified on 03/29/1994

March 16, 1994 PACER

ORDER (Filed in CA No. 93-T-287-N) [0-1] motion to Dismiss by AL Bd of Registrars set for submission on 3/31/94, [0-2] motion for Summary Judgment by AL Bd of Registrars set for submission on 3/31/94, set Brief deadline to 3/31/94 ( signed by Judge Myron H. Thompson ), copies mailed to counsel; furnished to TW. (dkt clerk)

March 16, 1994 PACER

ORDER (Filed in CA No. 93-T-287-N) [0-1] motion to Dismiss claims of Jacquelyn J. Jackson and Freddy Golthy by Retirement System set for submission on 3/31/94, [0-2] motion for Summary Judgment by AL Medicaid Agency set for submission on 3/31/94, [0-1] motion to Dismiss complaint of Mable Elliott by AL Medicaid Agency set for submission on 3/31/94, [0-2] motion for Summary Judgment by AL Medicaid Agency set for submission on 3/31/94, [0-1] motion to Dismiss claims of Jacquelyn Jackson-Kelley by AL Labor Board set for submission on 3/31/94, [0-2] motion for Summary Judgment by AL Labor Board set for submission on 3/31/94, [0-1] motion to Dismiss complaint in intervention of Jacqueline Johnson by Bd Public Accounting set for submission on 3/31/94, [0-1] motion to Dismiss complaint of Jacquelyn J. Jackson by AL Medicaid Agency set for submission on 3/31/94, set Brief deadline to 3/31/94 ( signed by Judge Myron H. Thompson ), copies mailed to counsel; furnished to TW. (dkt clerk)

March 16, 1994 PACER

MOTION by Dept Mental Health to Dismiss, or, in the alternative for Summary Judgment (Filed in CA No. 94-T-287-N) referred to Judge Myron H. Thompson (dkt clerk)

March 18, 1994 PACER

ORDER (filed in CA No. 93-T-287-N) [0-1] motion to Dismiss complaint in intervention of Carolyn A. Ball by AL Bureau of Tourism set for submission on 3/31/94, set Brief deadline to 3/31/94 ( signed by Judge Myron H. Thompson ), copies mailed to counsel; furnished to TW. (dkt clerk) Modified on 03/30/1994

March 22, 1994 PACER

ORDER (filed in CA No. 93-T-287-N) [0-1] motion to Dismiss by Dept Mental Health set for submission on 3/31/94, [0-2] motion for Summary Judgment by Dept Mental Health set for submission on 3/31/94, Brief deadline to 3/31/94 ( signed by Judge Myron H. Thompson ), copies mailed to counsel; furnished to TW. (dkt clerk) Modified on 03/30/1994

March 22, 1994 PACER
1

ORDER (entered in CA Nos. 93-T-423-N, 93-T-287-N, 93-T-647-N, 92-T-1609-N and 91-T-1414-N) that these cases be consolidated and proceed under the new Civil Action No. 94-T-356-N and new style as further set out in order, with parties to use this new style and civil action number in all future pleadings related to these cases; overruling all objections to this consolidation; denying all motions in opposition to this consolidation; that the plaintiffs in these cases are now plaintiffs in CA No. 94-T-356-N; that the defendants in these cases are now defendants in CA No. 94-T-356-N; that the pleadings and orders in these cases are transferred to CA No. 94-T-356-N; that the pleadings and orders in these cases shall remain binding on the parties to the same extent they were binding before this transfer; directing the clerk of the court to close out CA Nos. 93-T-423-N, 93-T-287-N, 93-T-647-N, 92-T-1609-N and 91-T-1414-N, ( signed by Judge Myron H. Thompson ), copies mailed to counsel; furnished to MT and TW. (dkt clerk) (Entered: 03/29/1994)

March 24, 1994 PACER
2

MOTION by Eugene Crum Jr., Robert L. Smith, Ellen Tolbert, Geneice Smith, Lynn Carter, Rodney Huntley, Grant Culliver, Willie Kelley, Pauline Burton, Milton Burton, Earnest Wright, Ricky Grider, Tamblyn Witherspoon, Presley Coleman, Willie Harris, Samuel Foster, Michael Hopkins, Ethelene Duster, Samuel L. Price, Carol Banks, David Barley, Clyde Chatman, Betty Crum, Katherine Matthews, Wanda Jackson Speights, Theodore Jones, Lewis Gilchrist, Terry Dale Goodson, Carolyn A. Ball, David Said, Herman Powell, Earl Vaughn, Nonie Williams, Darrell Wright, Gladys Jones, Roosevelt Mays Jr., Eddie G. McCoy, Deborah F. Lumpkin, Romanza A. Hamilton, Jacquelyn J. Jackson-Kelly, Mable G. Elliott, Jerome F. Dangerfield, Freddy Golthy, John Bradford, Yvonne C. Jennings to Strike oppositions to consolidation which were not served upon the plaintiffs, and, in the alternative to Extend Time to allow additional time to reply to such unserved oppositions referred to Judge Myron H. Thompson (dkt clerk) (Entered: 03/29/1994)

March 24, 1994 PACER
3

MOTION by Eugene Crum Jr., Robert L. Smith, Ellen Tolbert, Geneice Smith, Lynn Carter, Rodney Huntley, Grant Culliver, Willie Kelley, Pauline Burton, Milton Burton, Earnest Wright, Ricky Grider, Tamblyn Witherspoon, Presley Coleman, Willie Harris, Samuel Foster, Michael Hopkins, Ethelene Duster, Samuel L. Price, Carol Banks, David Barley, Clyde Chatman, Betty Crum, Katherine Matthews, Wanda Jackson Speights, Theodore Jones, Lewis Gilchrist, Terry Dale Goodson, Carolyn A. Ball, David Said, Herman Powell, Earl Vaughn, Nonie Williams, Darrell Wright, Gladys Jones, Roosevelt Mays Jr., Eddie G. McCoy, Deborah F. Lumpkin, Romanza A. Hamilton, Jacquelyn J. Jackson-Kelly, Mable G. Elliott, Jerome F. Dangerfield, Freddy Golthy, John Bradford, Yvonne C. Jennings to Strike Agriculture Departments' untimely memorandum in objection to consolidation referred to Judge Myron H. Thompson (dkt clerk) (Entered: 03/29/1994)

March 24, 1994 PACER
4

Plaintiffs' correction to reply to certain defendants opposition to consolidation (w/attachment). (dkt clerk) (Entered: 03/29/1994)

March 24, 1994 PACER
5

ORDER vacating the memorandum opinion and order entered on 2/8/94 to the extent that the court held that plaintiffs could not recover back wages from individual defendants sued in their official capacities under 42 USCA 1983; that the court reserves consideration of the issue of back wages until when and if a plaintiff prevails under Section 1983, ( signed by Judge Myron H. Thompson ), copies mailed to counsel. (dkt clerk) (Entered: 03/29/1994)

March 25, 1994 PACER
6

ORDER granting [0-1] motion to Dismiss complaint of Jacquelyn J. Jackson (filed in CA No. 93-T-287-N), [0-1] motion to Dismiss complaint of John Bradford (filed in CA No. 93-T-287-N) to the extent that defendant Alabama Dept. of Human Resources is sued under 42 USCA 1983; denying said motions in all other respects, ( signed by Judge Myron H. Thompson ), copies mailed to counsel. (dkt clerk) (Entered: 03/29/1994)

March 25, 1994 PACER
7

Plaintiffs' supplemental reply to personnel defendants' opposition to consolidation. Referred to Judge Thompson. (dkt clerk) (Entered: 03/29/1994)

March 28, 1994 PACER
8

AMENDMENT TO ANSWER to Complaint by Industrial Relations : amends answer to complaint-in-intervention filed 02/16/94 (amendment contained with motion to amend); referred to Judge Thompson. (dkt clerk) (Entered: 04/08/1994)

March 29, 1994 PACER
9

AMENDMENT TO ANSWER to Complaint by James C. Holland, Otto Hammonds : amends answer to complaint-in-intervention filed 02/16/94 (contained within body of motion); referred to Judge Thompson. (dkt clerk) (Entered: 04/08/1994)

March 29, 1994 PACER
10

MEMORANDUM by AL Medicaid Agency in support of motion to Dismiss complaint of Jacquelyn J. Jackson and motion to Dismiss complaint of Mable Elliott, referred to Judge Myron H. Thompson. (dkt clerk) Modified on 03/30/1994 (Entered: 03/30/1994)

March 30, 1994 PACER
11

MEMORANDUM BRIEF by Bd Public Accounting in support of [0-1] motion to Dismiss complaint in intervention of Jacqueline Johnson by Bd Public Accounting (Exhibits A - G attached); referred to Judge Myron H. Thompson (dkt clerk) Modified on 03/31/1994 (Entered: 03/31/1994)

March 30, 1994 PACER
12

MEMORANDUM BRIEF by AL Labor Board in support of [0-1] motion to Dismiss claims of Jacquelyn Jackson-Kelley by AL Labor Board, [0-2] motion for Summary Judgment by AL Labor Board referred to Judge Myron H. Thompson (dkt clerk) (Entered: 03/31/1994)

March 30, 1994 PACER
13

MEMORANDUM by Dept Mental Health in support of motion to Dismiss, or in the alternative, motion for Summary Judgment filed 3/18/94, referred to Judge Myron H. Thompson (dkt clerk) (Entered: 03/31/1994)

March 31, 1994 PACER
14

MEMORANDUM by Eugene Crum Jr., Robert L. Smith, Ellen Tolbert, Geneice Smith, Lynn Carter, Yvonne C. Jennings in opposition to motion to Dismiss by Dept Mental Health, motion for Summary Judgment by Dept Mental Health, motion to Dismiss complaint in intervention of Carolyn A. Ball by AL Bureau of Tourism, motion to Dismiss complaint of Jacquelyn J. Jackson by AL Medicaid Agency, motion for Summary Judgment by AL Medicaid Agency, motion to Dismiss complaint of Mable Elliott by AL Medicaid Agency, motion for Summary Judgment by AL Medicaid Agency, motion to Dismiss claims of Jacquelyn Jackson-Kelley by AL Labor Board, motion for Summary Judgment by AL Labor Board, motion to Dismiss complaint in intervention of Jacqueline Johnson by Bd Public Accounting, motion to Dismiss claims of Jacquelyn J. Jackson and Freddy Golthy by Retirement System, motion to Dismiss by AL Bd of Registrars, motion for Summary Judgment by AL Bd of Registrars, motion to Dismiss by Dept Public Health, motion for Summary Judgment by Dept Public Health (Exhibits A - F attached); referred to Judge Myron H. Thompson (dkt clerk) (Entered: 04/05/1994)

April 4, 1994 PACER
15

MEMORANDUM BRIEF by State of Alabama, AL Bureau of Tourism in support of [0-1] motion to Dismiss complaint in intervention of Carolyn A. Ball by AL Bureau of Tourism referred to Judge Myron H. Thompson (dkt clerk) Modified on 04/05/1994 (Entered: 04/05/1994)

April 4, 1994 PACER
16

ANSWER by Dept Human Resources (Attorney William Prendergast, Sharon E. Ficquette, Margaret L. Fleming) to amended complaint-in-intervention filed 02/08/94; referred to Judge Myron H. Thompson (dkt clerk) (Entered: 04/05/1994)

April 4, 1994 PACER
17

AFFIDAVIT of Thomas A. King by Dept Mental Health Re: motion for Summary Judgment by Dept Mental Health; referred to Judge Thompson. (dkt clerk) (Entered: 04/05/1994)

April 5, 1994 PACER
18

MOTION by Comm on Physical Fit to Dismiss, or, in the alternative for Summary Judgment referred to Judge Myron H. Thompson (dkt clerk) (Entered: 04/07/1994)

April 6, 1994 PACER
19

CROSSCLAIM by Lauderdale County, Lauderdale Co. Comm., George E. Mangum against Jim Folsom Jr., Halycon Vance Ballard, Personnel Board, AL Emergency Mgmt, Florence/Lauderdale, Paulette Williams; referred to Judge Thompson. (dkt clerk) Modified on 04/12/1994 (Entered: 04/08/1994)

April 6, 1994 PACER
20

ORDER granting [9-1] motion to Amend answer to complaint-in-intervention filed 02/16/94, granting [8-1] motion to Amend answer to complaint filed 2/16/94, denying [3-1] motion to Strike Agriculture Departments' untimely memorandum in objection to consolidation, denying [2-1] motion to Strike oppositions to consolidation which were not served upon the plaintiffs, denying [2-2] motion to Extend Time to allow additional time to reply to such unserved oppositions ( signed by Judge Myron H. Thompson ), copies mailed to counsel. (dkt clerk) Modified on 04/08/1994 (Entered: 04/08/1994)

April 8, 1994 PACER

State / Territory: Alabama

Case Type(s):

Equal Employment

Key Dates

Filing Date: March 24, 1994

Closing Date: Aug. 7, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Class certification denied. Attempted class was: all African-Americans who applied for employment opportunities with the State of Alabama, or would have applied for such opportunities in the absence of the racial discrimination challenged in defendant’s selection procedure.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

State of Alabama, State

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

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Impact

Disparate Treatment

Pattern or Practice

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discipline

Hiring

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Pay / Benefits

Promotion

Training

Discrimination-basis:

Race discrimination

Race:

Black