Case: Hammock v. City of Auburn

3:87-cv-00680 | U.S. District Court for the Middle District of Alabama

Filed Date: July 20, 1987

Closed Date: Oct. 27, 1993

Clearinghouse coding complete

Case Summary

In July 1987, a class of past, present, and future employees of the City of Auburn, Alabama, filed a putative class-action lawsuit against the City and its officials in the U.S. District Court for the Middle District of Alabama. The plaintiff alleged a continuing pattern and practice of discrimination arising from the City Fire Chief's policy of favoritism within the fire department, as well as discrimination tacitly approved by the other defendants. The plaintiffs claimed they had been deprive…

In July 1987, a class of past, present, and future employees of the City of Auburn, Alabama, filed a putative class-action lawsuit against the City and its officials in the U.S. District Court for the Middle District of Alabama. The plaintiff alleged a continuing pattern and practice of discrimination arising from the City Fire Chief's policy of favoritism within the fire department, as well as discrimination tacitly approved by the other defendants. The plaintiffs claimed they had been deprived of equal protection and due process rights at the whim of the Fire Chief, which violated the First and Fourteenth Amendments and of 42 U.S.C. § 1983.

The complaint alleged these violations were manifested through denials of access to public records, denial of access to the courts, unfair promotion practices, denial of merit pay increases, denial of overtime pay and sick pay, denial of equal access to schools and seminars, and denial of the opportunity to fully benefit from the State's retirement system. An important subset of allegations stated the racial discrimination claims of a subclass of black plaintiffs pursuant to the Fourteenth Amendment. 953 F.2d 1355 (11th Cir. 1992).

The case docket only starts with entry #278 and information before that is limited, so this summary focuses on events happened after February 1991.

On February 15, 1991, Judge Robert E. Varner approved a Settlement Agreement from November 1990 and directed all the parties to implement the terms of conditions of the class settlement. On August 20, 1992, Judge Varner dismissed the petition for attorney’s fees and closed the case.

However, in September 1993, the defendant filed a motion for instructions for lack of jurisdiction by this court, so the case was reopened as of September 20, 1993. On October 27, 1993, Judge Varner denied this motion for instructions and closed the case on the same day.

Summary Authors

Sichun Liu (1/13/2020)

People


Judge(s)

Edmondson, James Larry (Georgia)

Varner, Robert Edward (Alabama)

Attorneys(s) for Plaintiff

Biggers, Deborah Hill (Alabama)

Glassroth, Steve (Alabama)

Perry, T. Dudley (Alabama)

Attorneys(s) for Defendant

Bush, Russell K. (Alabama)

Meadows, Robert Turner III (Alabama)

Umbach, Arnold William Jr. (Alabama)

Judge(s)

Edmondson, James Larry (Georgia)

Varner, Robert Edward (Alabama)

Attorneys(s) for Plaintiff

Biggers, Deborah Hill (Alabama)

Glassroth, Steve (Alabama)

Perry, T. Dudley (Alabama)

Attorneys(s) for Defendant

Bush, Russell K. (Alabama)

Meadows, Robert Turner III (Alabama)

Umbach, Arnold William Jr. (Alabama)

Documents in the Clearinghouse

Document

3:87-cv-00680

Docket

Oct. 27, 1993

Oct. 27, 1993

Docket

3:87-cv-00680

91-07301

Opinion

Manning v. City of Auburn

U. S. Court of Appeals for the Eleventh Circuit

953 F.2d 1355

Feb. 19, 1992

Feb. 19, 1992

Order/Opinion

Resources

Docket

Last updated July 23, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
278

ORDER approving the Settlement Agreement dated ll/90; directing all parties to implement the terms and conditions of said Notice of Proposed Class Settlement ( signed by Judge Robert E. Varner ) , copies mailed. (war) (Entered: 09/30/1993)

Feb. 15, 1991

Feb. 15, 1991

289

ORDER dismissing the Petition for Attorney's Fees filed 3/2l/9l as supplemented 4//9l by the law firm of Perry and Perry; that the Clerk close out the file in this case and remove the case from the active docket of this Court ( signed by Judge Robert E. Varner ) , copies mailed. (war) (Entered: 09/30/1993)

Aug. 20, 1992

Aug. 20, 1992

290

MOTION by The City of Auburn for instructions (Exhibit A attached) referred to Judge Robert E. Varner (war) (Entered: 09/30/1993)

Sept. 20, 1993

Sept. 20, 1993

Skeleton Docket Case − Case Reopened as of 9/20/93. (war) (Entered: 09/29/1993)

Sept. 29, 1993

Sept. 29, 1993

291

ORDER denying [290 − 1] motion for instructions for lack of jurisdiction by this court ( signed by Judge Robert E. Varner ) , copies mailed to counsel. (war) (Entered: 10/27/1993)

Oct. 27, 1993

Oct. 27, 1993

Case closed (war) (Entered: 10/27/1993)

Oct. 27, 1993

Oct. 27, 1993

Case Details

State / Territory: Alabama

Case Type(s):

Equal Employment

Key Dates

Filing Date: July 20, 1987

Closing Date: Oct. 27, 1993

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Past, present and future employees of the City of Auburn, Alabama.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Auburn, City

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1993 - None

Issues

General:

Disparate Treatment

Records Disclosure

Discrimination-area:

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

Pay / Benefits

Promotion

Discrimination-basis:

Race discrimination

Race:

Black