Case: In re. Birmingham Reverse Discrimination Employment Litigation (Martin v. Wilks)

2:84-cv-00903 | U.S. District Court for the Northern District of Alabama

Filed Date: April 12, 1984

Closed Date: 2004

Clearinghouse coding complete

Case Summary

In the original lawsuit of Martin v. Wilks, several black firefighters brought actions against the City of Birmingham, Alabama, and the Jefferson County Personnel Board in the U.S. District Court for the Northern District of Alabama. They alleged that the defendants engaged in racially discriminatory hiring and promotion practices in violation of Title VII of the Civil Rights Act of 1964 and other federal law. Consent decrees were eventually entered that included goals for hiring blacks as fire…

In the original lawsuit of Martin v. Wilks, several black firefighters brought actions against the City of Birmingham, Alabama, and the Jefferson County Personnel Board in the U.S. District Court for the Northern District of Alabama. They alleged that the defendants engaged in racially discriminatory hiring and promotion practices in violation of Title VII of the Civil Rights Act of 1964 and other federal law. Consent decrees were eventually entered that included goals for hiring blacks as firefighters and for promoting them. The district court retained jurisdiction over the decrees.

Seven white firefighters subsequently brought suit against the same defendants, alleging that they were being denied promotions in favor of less qualified blacks in violation of Title VII and the Equal Protection Clause of the Fourteenth Amendment. They argued that the defendants were making promotion decisions on the basis of race in reliance on the consent decrees, which constituted impermissible racial discrimination. The plaintiffs sought injunctive relief against enforcement of the decrees. The City and the Board admitted making “numerous race conscious promotion and employment decisions” but claimed that the promotions were lawful because they were made pursuant to the decrees.

The defendants then moved to dismiss the reverse discrimination case as impermissible collateral attacks. On December 15, 1987, Judge Tjoflat held that individual firefighters were not parties to the consent decrees and were not precluded by the decrees from bringing an independent lawsuit alleging unlawful “reverse discrimination.” 833 F.2d 1492 (11th Cir. 1987). The Supreme Court affirmed the Eleventh Circuit’s judgment. 490 U.S. 75 (1989).

In 1991, more than ten years after the City consent decree was entered, the District Court for the Northern District of Alabama held a trial on the claim that the City’s use of race when making promotions violated both Title VII and the Equal Protection Clause. The court applied a strict scrutiny review to the decree and found that the City was justified in entering the decree and that the City’s use of race under the decree was “limited and tailored to the relief necessary to overcome the employment effects of past discrimination by the City." 806 F. Supp. 926 (N.C. Ala. 1992). Accordingly, the court denied the firefighters’ claims.

However, the district court at trial did not separately evaluate the Title VII and Equal Protection Clause claims. Instead, the Court of Appeals evaluated the claims separately on May 4, 1994, and reversed the holdings of the district court. With regard to the Title VII claim, Judge Black concluded that the promotion provision of the City’s affirmative action plan unnecessarily trammels the rights of nonblack firefighters by establishing a rigid, arbitrarily selected quota of 50% annual black promotions. As to the Equal Protection Clause claim, Judge Black held that the City did not properly consider efficacy of alternatives to race-based promotional quota system for purposes of determining whether the quota plan was narrowly tailored to accomplish compelling purpose. 20 F.3d 1525 (11th Cir. 1994).

On February 24, 1997, one of the plaintiffs filed a motion to amend complaint but his motion was denied by Judge Sam C. Pointer. On May 15, 1997, several movants moved to intervene but was denied as untimely by Judge Pointer.

From 1998 to 2004, the plaintiffs filed joint stipulations of dismissal one after another pursuant to a settlement agreement and the court dismissed each of their cases with prejudice. The details of the settlement agreement were not made public. There has been no docket activity since 2004 and this case is deemed closed.

Summary Authors

Sichun Liu (1/13/2020)

Related Cases

United States v. Jefferson County, Northern District of Alabama (1975)

People


Judge(s)

Anderson, Robert Lanier III (Georgia)

Black, Susan Harrell (Florida)

Blackmun, Harry Andrew (District of Columbia)

Brennan, William Joseph Jr. (District of Columbia)

Coogler, L. Scott (Alabama)

Edmondson, James Larry (Georgia)

Henderson, Albert John (Georgia)

Marshall, Thurgood (District of Columbia)

Pointer, Sam Clyde Jr. (Alabama)

Rehnquist, William Hubbs (District of Columbia)

Judge(s)

Anderson, Robert Lanier III (Georgia)

Black, Susan Harrell (Florida)

Blackmun, Harry Andrew (District of Columbia)

Brennan, William Joseph Jr. (District of Columbia)

Coogler, L. Scott (Alabama)

Edmondson, James Larry (Georgia)

Henderson, Albert John (Georgia)

Marshall, Thurgood (District of Columbia)

Pointer, Sam Clyde Jr. (Alabama)

Rehnquist, William Hubbs (District of Columbia)

Stevens, John Paul (District of Columbia)

Tjoflat, Gerald Bard (Florida)

Attorneys(s) for Plaintiff

Adams, Oscar W. III (Alabama)

Alexander, James P (Alabama)

Angus, James S (District of Columbia)

Battle, Laveeda Morgan (Alabama)

Coleman, Ralph (New York)

Fitzpatrick , Raymond P. Jr. (Alabama)

Joffe, Robert (New York)

Kaplan, Mathew (New York)

Kent, Ronald H Jr. (Alabama)

McElheny, Terry (Alabama)

Privett, Caryl P (Alabama)

Quinn, C. Michael (Alabama)

Reeves, Susan W (Alabama)

Seymour, Richard Talbot (New York)

Spitz, Stephen L (District of Columbia)

Stewart, Thomas L (Alabama)

Thawley, Barbara E (District of Columbia)

Turner, James P. (District of Columbia)

Wagner, Charles S. (Alabama)

Wilson, Rowan D (New York)

Yuengert, Anne R (Alabama)

Attorneys(s) for Defendant

Boyd, David R. (Alabama)

Coyne, Leslie Allen (Alabama)

Dettling, Aaron L. (Alabama)

Waldrep, Charlie D. (Alabama)

Other Attorney(s)

Merrill, Thomas W. (District of Columbia)

Walker, Marion Francis (Alabama)

Documents in the Clearinghouse

Document

Docket

Birmingham Reverse v. Jeff City Personnel

May 19, 2004 Docket

Opinion

In re Birmingham Reverse Discrimination Employment Litigation

U. S. Court of Appeals for the Eleventh Circuit

833 F.2d 1492

Dec. 15, 1987 Order/Opinion

Appendix to Petitions for a Write of Certiorari to the United States Court of Appeals for the Eleventh Circuit

Martin v. Wilks

Supreme Court of the United States

March 30, 1988 Pleading / Motion / Brief

[Supreme Court Opinion]

Martin v. Wilks

Supreme Court of the United States

490 U.S. 755

June 12, 1989 Order/Opinion

Opinion

Bennett v. Arrington

806 F.Supp. 926

Aug. 14, 1992 Order/Opinion

Opinion

In re Birmingham Reverse Discrimination Employment Litigation

U. S. Court of Appeals for the Eleventh Circuit

20 F.3d 1525

May 4, 1994 Order/Opinion

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link

CERTIFICATE of readiness issued cm (TLM) (Entered: 11/20/1992)

Nov. 20, 1992
4

CERTIFIED copy of Appellate Court order: this action is Affirmed in part, Reversed in part, and Remanded in part filed (TLM) (Entered: 05/22/1995)

May 11, 1995
5

ORDER that after conference on 9/18/96, pla class member Reginald E Anderson's and pla class representative Carl V Cook's motion for order permitting them to sit for supplemental fire battalion chief examination is denied for reasons set out filed (by Chief Judge Sam C. Pointer Jr) cm (Former Employee) (Entered: 09/25/1996)

Sept. 25, 1996
6

ORDER that pla Hatton's motion for order directing Personnel Board to place him on register and certify him as eligible for position of Fire Battalion Chief is granted; this order is only for purposes of putting Mr Hatton's name on register from which candidates may be selected; order does not guarantee nor secure selection; order is not to be construed as finding of any illegal past discrimination against Hatton and does not address any of merits of pending lawsuit filed (by Chief Judge Sam C. Pointer Jr) cm (Former Employee) (Entered: 09/25/1996)

Sept. 25, 1996

DOCKET modification (utility event) finding the motion for attorney fees [7 − 1] moot (TLM) (Entered: 10/20/1997)

Nov. 19, 1996

ORDER setting scheduling conference for 1/7/97 in chambers filed ( by Chief Judge Sam C. Pointer Jr ) cm (SNH) (Entered: 01/15/1998)

Dec. 10, 1996

MOTION by pla, Sanford D. Hatton, to amend complaint as set out within this motion filed cs (SNH) (Entered: 01/15/1998)

Feb. 24, 1997

ORDER denying motion of Sanford Hatton to amend complaint [0 − 1] w/o prejudice filed ( by Chief Judge Sam C. Pointer Jr ) cm (SNH) (Entered: 01/15/1998)

March 14, 1997

NOTICE of appearance for In re Bham Reverse Discrim by James P Alexander, Matthew Kaplan, Barbara E Thawley filed (TLM) (Entered: 03/25/1997)

March 25, 1997
8

MOTION by movants Arvel Crumpton, Elmer Hill, David Lawrence, Neil Loggins, James Robinette, Johnny Santoro, William Thomas, Thomas S. Brown, and Charles Hill to intervene and complaints in intervention filed cs (CJV) (Entered: 05/20/1997)

May 15, 1997
9

MOTION by pla Kenneth O Ware to enforce settlement of backpay claim of pla Kenneth Ware filed cs (Former Employee) (Entered: 06/09/1997)

June 6, 1997
10

MOTION by Wilks plas to enforce settlement agreement on attorneys fees filed cs (Former Employee) (Entered: 06/09/1997)

June 6, 1997

ORDER ; hearing to be held on 9:00 7/30/97 on motion to intervene by Crumpton Elmer, Hill , Lawrence Loggins Robinette, Santoro, Thomas Brown, Charles Hll will be held 7/30/97 at 9:00 a.m. − filed ( by Chief Judge Sam C. Pointer Jr ) cm (TLM) (Entered: 01/14/1998)

June 17, 1997
11

MOTION by plaintiff Wilks Class to amend discovery schedule filed cs (TLM) (Entered: 06/26/1997)

June 26, 1997
12

MOTION by Garner &dfts City of Bham and Richard Arrington to amend discovery schedule filed cs (TLM) (Entered: 07/02/1997)

July 1, 1997
13

STIPULATION of parties to dismiss claims of Kenneth O Ware filed cs (TLM) (Entered: 07/02/1997)

July 1, 1997
14

11 − ORDER granting motion to amend [11 − 1] ( by Chief Judge Sam C. Pointer Jr ) entered cm (TLM) (Entered: 07/22/1997)

July 22, 1997
15

8 − ORDER denying motion to intervene [8 − 1] as untimely ( by Chief Judge Sam C. Pointer Jr ) entered cm (TLM) (Entered: 07/31/1997)

July 30, 1997
17

9 − ORDER finding the motion to enforce settlement of backpay claim of pla Kenneth Ware [9 − 1] moot ( by Chief Judge Sam C. Pointer Jr ) entered cm (TLM) (Entered: 07/31/1997)

July 30, 1997
18

10 − ORDER finding the motion to enforce settlement agreement on attorneys fees [10 − 1] moot ( by Chief Judge Sam C. Pointer Jr ) entered cm (TLM) (Entered: 07/31/1997)

July 30, 1997
19

12 − ORDER granting motion to amend discovery schedule [12 − 1] ( by Chief Judge Sam C. Pointer Jr ) entered cm (TLM) (Entered: 08/01/1997)

July 30, 1997
16

ORDER granting stipulation [13 − 1] to dismiss claims of Kenneth Ware against City of Bham and Richard Arrington filed ( by Chief Judge Sam C. Pointer Jr ) cm (TLM) (Entered: 07/31/1997)

July 31, 1997

DOCKET modification (utility event) terminating party Kenneth O Ware (TLM) (Entered: 07/31/1997)

July 31, 1997
20

ORDER due to a clerical error the scheduling order entered on 2/10/97 was entered in 75 − P − 666; the order should have been entereded in this action; the order in 75 − P − 666 − S is Vacated and Transferred to 84 − P − 903 − S; purusant to the joint motion to amend the scheduling order which was entered on 2/10/97 the previous order is amended to the following exent &in reference to the sTreet and Saniatation ; 12/1/97 parties to complete discover; 1/1/98 parties are to be trial ready filed ( by Chief Judge Sam C. Pointer Jr ) cm (TLM) (Entered: 08/01/1997)

Aug. 1, 1997
21

MOTION by proposed intervenors, Crumpton, Hill, Lawrence, Loggins, Robinette, Santoro, Thomas, Brown, Hill for rehearing filed cs (TLM) (Entered: 08/11/1997)

Aug. 8, 1997
22

ORDER denying motion for rehearing [21 − 1] filed ( by Chief Judge Sam C. Pointer Jr ) cm (TLM) (Entered: 08/19/1997)

Aug. 18, 1997
23

STIPULATION of parties of dismissal of the claims of plas William Sorrell filed cs (TLM) (Entered: 08/27/1997)

Aug. 26, 1997
24

ORDER granting stipulation dismissing William Sorrells claims are dismissed w/prejudice [23 − 1] filed ( by Chief Judge Sam C. Pointer Jr ) cm (TLM) (Entered: 09/05/1997)

Sept. 5, 1997
25

ANSWER of dfts City of Birmingham and Mayor Richard Arrington, Jr to amended and restated complaint in intervention of Douglas McBee et al, filed cs (Former Employee) (Entered: 09/10/1997)

Sept. 9, 1997
26

ANSWER of dfts City of Birmingham and Mayor Richard Arrington Jr to complaints in intervention of Michael T Daniel, Randy C Drinkard, and Johnny Puccio filed cs (Former Employee) (Entered: 09/10/1997)

Sept. 9, 1997
27

NOTICE of appeal by movant Arvel Crumpton, movant Elmer B Hill, movant David E Lawrence, movant Neil Loggins, movant James Robinette, movant Johnny Santoro, movant William Thomas, movant Thomas S Brown Jr, movant Charles Hill from District Court decision, [0 − 0] ; notice of appeal, order appealed from and court copy of docket entries w/transmittal letter mailed cm (TLM) (Entered: 09/16/1997)

Sept. 11, 1997

NOTIFICATION by Circuit Court of Appellate docket number 97 − 6764 (TLM) (Entered: 10/02/1997)

Oct. 2, 1997
28

DESIGINATION bo A ppellant intervenors of record on appeal filed cs (TLM) (Entered: 12/29/1997)

Dec. 24, 1997

CERTIFICATE of readiness issued cm (Former Employee) (Entered: 01/15/1998)

Jan. 15, 1998
29

MOTION by the appellant to supplement [29 − 1] the record filed cs (TLM) (Entered: 02/17/1998)

Feb. 13, 1998
30

MOTION by Terry McElheny to withdraw as attorney for Mel Bailey filed cs (TLM) (Entered: 02/18/1998)

Feb. 17, 1998
31

NOTICE of appearance by Mark T. Waggoner &Jeffrey D. Dyess for Sheriff Mel Bailey filed cs (TLM) (Entered: 02/20/1998)

Feb. 18, 1998
32

− ORDER granting motion to withdraw Terry Mc Elhenyas attorney [30 − 1] by Chief Judge Sam C. Pointer Jr ) entered cm (TLM) (Entered: 02/20/1998)

Feb. 19, 1998

DOCKET modification (utility event) withdrawing attorney attorney Terry McElheny for Bham Reverse (TLM) (Entered: 02/20/1998)

Feb. 20, 1998
33

− ORDER granting motion to supplement [29 − 1] [29 − 1] ( by Chief Judge Sam C. Pointer Jr ) entered cm (TLM) (Entered: 03/03/1998)

March 2, 1998

CERTIFICATE of readiness (1st supplemental) issued cm (Former Employee) (Entered: 03/03/1998)

March 3, 1998
34

MOTION by appellees City of Birmingham and Richard Arrington Jr to supplement record on appeal with exhs att filed cs (Former Employee) (Entered: 04/09/1998)

April 9, 1998
35

STIPULATION of parties plas, Day, Henson, Millsap and Pope; dfts City o Bham and Richard Arrington, Jr to dismiss filed cs (TLM) (Entered: 04/17/1998)

April 17, 1998
36

− ORDER granting motion to supplement record on appeal [34 − 1] ( by Chief Judge Sam C. Pointer Jr ) entered cm (TLM) (Entered: 04/22/1998)

April 21, 1998
38

STIPULATION of of pla Ronnie Chambers and dfts City of Bham &Richard Arrington to dimsiss claims of pla filed cs (TLM) (Entered: 05/04/1998)

May 1, 1998

CERTIFICATE of readiness (2nd supplemental) issued cm (Former Employee) (Entered: 05/06/1998)

May 6, 1998
39

ORDER granting stipulation the claims of pla Ronnie Chambers are hereby dismissed w/prejudice ech pty to bear its own costs [38 − 1] filed ( by Chief Judge Sam C. Pointer Jr ) cm (TLM) (Entered: 05/11/1998)

May 8, 1998

CERTIFIED record on appeal with certified copy of docket entries and transmittal mailed USCA cm (Former Employee) (Entered: 07/14/1998)

July 14, 1998
40

STIPULATION of parties for dismissal of claims for Mr Paynes filed cs (TLM) (Entered: 08/25/1998)

Aug. 24, 1998
41

ORDER granting stipulation [40 − 1] all claims by Carlice Payne against the dfts in this consolidated action are dismissed w/prejudice with each pty to bear its own costs terminating filed ( by Chief Judge Sam C. Pointer Jr ) cm (TLM) (Entered: 09/02/1998)

Sept. 1, 1998
42

CERTIFIED copy of Appellate Court order: affirming the decision of the District Court issued as mandate 11/4/98 [27 − 1] filed (TLM) (Entered: 11/27/1998)

Nov. 5, 1998
43

STIPULATION of parties Floyd Click and dft City of Bham and Richard Arrington, Jr to claims of pla Floyd Click filed (TLM) Modified on 01/07/1999 (Entered: 01/05/1999)

Jan. 5, 1999
44

STIPULATION of pla John Garvich andf ts City of Bham and Richard Arrington to dismiss cliams of pla James Garvich filed cs (TLM) Modified on 01/07/1999 (Entered: 01/05/1999)

Jan. 5, 1999
45

STIPULATION of parties pla Lane Denard and dfts , City of Bham and Richard Arrington, Jr to dismiss cliams of Lane Denard filed cs (TLM) Modified on 01/07/1999 (Entered: 01/05/1999)

Jan. 5, 1999
46

STIPULATION of parties pla James D Morgan and dfts City of Bham and Richard Arrington, Jr to dismiss claims of James D. Morgan filed cs (TLM) (Entered: 01/05/1999)

Jan. 5, 1999
47

STIPULATION of parties pla Vincnet J. Vella and dfts City of Bham and Richard Arrington, Jr to dismiss claims of Vincent Vella filed cs (TLM) Modified on 01/07/1999 (Entered: 01/05/1999)

Jan. 5, 1999
48

ORDER granting stipulation [47 − 1], [46 − 1], [45 − 1], [44 − 1], [43 − 1] the claims of the following plas; Floyd Click, John Garvich, Lane Denard, James D. Morgan, Vincnet J. Vella against dft Richard Arrington Jr and the City of Bham are dismissed w/prejudice each pty to bear its own costs filed ( by Chief Judge Sam C. Pointer Jr ) cm (TLM) Modified on 01/07/1999 (Entered: 01/07/1999)

Jan. 7, 1999
49

ORDER all pending motions in the styled causes are deemed moot and w/o prejudice to representation in appropriate as indicated in this order; each of the actions is severed from any other cases with which it may have been previously consolidated; each of the action is administratively closed w/o prejudice and w/ o taxation of costs; nay relief granted or injunctions previouslyl entered and still effective in thse action remain in effect as the judgment of this court and the court retains jurisdiction to consider and act upon any pending or subsequently filed motions or other request for enforcemnt of or relief from or modifcation of such orders or injunction this order does not vacate any previously lentered or der in any of these action or in 84 − 903 determing that claims or defenses should be maintained on behalf of a class of plas dft o intervenors; nay unresolved previously pending claims for individual relief in these caes based on claims of reverse discrimination may be preserved by filing within 60 days an appropriate claim as an intervenor in 84 − 903; recoginizing the possiblity taht the administrative closing of these action might unintenionally adversely affect of the r ights of some pla or class memeber the court reserves the power on motion filed within 60 days to set aside and vacatein whole or in part the closing of these cases w/o any requirement to show good cause ( by Chief Judge Sam C. Pointer Jr ) cm (TLM) (Entered: 01/18/1999)

Jan. 14, 1999
50

MOTION by intervenor − plaintiff William L Garner etal to intervene filed cs (TLM) (Entered: 01/29/1999)

Jan. 22, 1999
51

STIPULATION of parties for dismissal of claims of Gene Northington filed cs (TLM) (Entered: 03/02/1999)

March 1, 1999
52

ORDER granting stipulation [51 − 1]; the claims of pla Gene Northington against the City of Birmingham and Richard Arrington, Jr are dismissed with prejudice; each party to bear its own costs filed ( by Chief Judge Sam C. Pointer Jr ) cm (KAM) (Entered: 03/04/1999)

March 4, 1999
53

MOTION by plaintiff Wilks Class for attorney fees filed cs (TLM) (Entered: 03/05/1999)

March 4, 1999
54

53 − ORDER granting motion for attorney fees [53 − 1] to the extent that C ity of Bham is directed to pay no − deposited fees/costs of Wilks class attys or same time table as paying fees/costs of own counsel ( by Chief Judge Sam C. Pointer Jr ) entered cm (TLM) (Entered: 03/11/1999)

March 10, 1999
55

ORDER granting motion to intervene [50 − 1] William L Garner, Barry Dale Bartlett, John E Courington, Michael C Thomas, David Hamilton, Rex Keeling, James Pharris, Stanley Rodgers, Kenneth Wayne Smith, William Sulser, Donald Vaughn, Ronald Vaughn, Randy. Woods filed ( by Chief Judge Sam C. Pointer Jr ) cm (TLM) (Entered: 03/11/1999)

March 11, 1999
56

STIPULATION of parties for the dismissal of the claims of Robert K. Wilks filed cs (TLM) (Entered: 03/22/1999)

March 19, 1999
57

STIPULATION of parties of for dismissal of the claims of pla Charles Carlin filed cs (TLM) (Entered: 03/22/1999)

March 19, 1999
58

ORDER granting stipulation [57 − 1] dismissing claims against dfts Richard Arrington, &City of Bham dismissed w/prejudice each pty to bear its own costs filed ( by Chief Judge Sam C. Pointer Jr ) cm (TLM) (Entered: 03/24/1999)

March 24, 1999
59

ORDER granting stipulation [56 − 1] dismissing claims by Wilks against dfts, Richard Arrington &City of Bham, w/prejudice each pty to bear its own costs filed ( by Chief Judge Sam C. Pointer Jr ) cm (TLM) (Entered: 03/24/1999)

March 24, 1999
61

MOTION by defendant Jeff Cty Personnel to withdraw attorney LaVeeda Morgan Battle filed cs (TLM) (Entered: 03/30/1999)

March 24, 1999
60

NOTICE of appearance for defendant Jeff Cty Personnel by filed cs (TLM) (Entered: 03/26/1999)

March 25, 1999
62

61 − ORDER granting motion to withdraw attorney LaVeeda Morgan Battle [61 − 1] ( by Chief Judge Sam C. Pointer Jr ) entered cm (BST) (Entered: 04/01/1999)

March 31, 1999

UTILITY event: terminates attorney LaVeeda Morgan Battle for Bham Reverse (BST) (Entered: 04/01/1999)

March 31, 1999
63

MOTION by plas' Peter J V Zannis to compel documents from City of Bham filed cs (TLM) (Entered: 05/05/1999)

April 28, 1999
64

63 − ORDER granting motion to compel w/o taxation of costs or sanctions [63 − 1] ( by Chief Judge Sam C. Pointer Jr ) entered cm (TLM) (Entered: 06/02/1999)

June 2, 1999
65

STIPULATION of parties of Swindall &Wesson &dft City of Bham &Richard Arrington to dismiss claims of Swindall &Wesson filed cs (TLM) (Entered: 06/17/1999)

June 16, 1999
67

ORDER that the Court has determined that all claims are ripe for disposition, and DIRECTS both parties to advise the Court by no later than 12/7/99, whether the matter could be resolved pursuant to a mediation filed ( by Magistrate − Judge T M. Putnam ) cm (DWC) (Entered: 11/19/1999)

Nov. 19, 1999
68

MOTION by remaining (22) pla(s) for mediation filed cs (DWC) (Entered: 12/06/1999)

Dec. 6, 1999
69

68 − ORDER granting motion for mediation [68 − 1] to the extent that Judge T Michael Putnam is designated to conduct mediation the times to be set by Judge Putnam ( by Senior Judge Sam C. Pointer Jr ) entered cm (DWC) (Entered: 12/08/1999)

Dec. 8, 1999
70

NOTICE of reassignment Case reassigned to Judge C L. Smith Jr cm (DWC) (Entered: 04/04/2000)

April 4, 2000

REMARK envelope addressed to James Turner w/ notice of reassignment letter returned w/ notation "return to sender" (SHB) (Entered: 05/05/2000)

May 1, 2000
72

NOTICE of appearance for intervenor − plaintiff by Marion F Walker filed cs (SHB) (Entered: 05/19/2000)

May 12, 2000
71

NOTICE of withdrawal of counsel James K Baker filed by appellee Birmingham, City of, appellee Richard Arrington Jr cs (SHB) (Entered: 05/19/2000)

May 16, 2000
73

ORDER Status hearing to be held at 9:00am in chambers of the undersigned on 5/31/00 at which the attys for all parties shall schedule mediation and discuss other preliminary matters of the claims of the remaining 22 plas filed ( by Magistrate − Judge T M. Putnam ) cm (SHB) (Entered: 05/22/2000)

May 19, 2000

REMARK envelope addressed to James S Angus w/ doc# 70 returned w/ notation "return to sender attempted not known" (SHB) (Entered: 05/30/2000)

May 25, 2000

REMARK envelope addressed to James Angus w/ doc# 73 returned w/ notation" returned to sender attempted not known" (SHB) (Entered: 06/06/2000)

June 5, 2000
74

ORDER setting deadlines for completion of settlement as follows: by not later than 9/8/00, the City of Birmingham shall issue appropriate settlement checks to the 7 pla's who have signed and returned settlement agreements to the City; by not later than 9/18/00, the City will deliver to counsel for the pla complete and final settlement agreements w/respect to the remaining 15 pla's as set out in this order; by not later than 7 days after plas return signed and executed settlement agreements to counsel for the dfts, the City of Birmingham shall issue such appropriate checks as reflected and required in the settlement agreement for each of the respective plas; it is the expectation of the Court that all of these claims will be fully settled, settlement compensation paid, and appropriate pension adjustments made by not later than 9/30/00 filed ( by Magistrate − Judge T M. Putnam ) cm (Former Employee) (Entered: 09/07/2000)

Sept. 7, 2000
75

JOINT STIPULATION of parties of dismissal of claims of plas Armstrong, Colvin, Daniel Hatton, Puccio, Shores and Zannis w/ prej and each party to bear its own costs filed cs (SHB) (Entered: 10/12/2000)

Oct. 11, 2000
76

JOINT STIPULATION of parties of dismissal of claims of plas Benson, Freeman, Owens, Perkins and Wilson w/ prej and each party to bear its own costs filed cs (SHB) (Entered: 10/12/2000)

Oct. 11, 2000
77

JOINT STIPULATION of parties of dismissal of claims of plas Drinkard, Early, Hicks, Jackson, McAdams, McBee, Stapp and Stevens w/ prej and each party to bear its own costs filed cs (SHB) (Entered: 10/12/2000)

Oct. 11, 2000
78

ORDER DISMISSING FEWER THAN ALL CLAIM granting stipulation [77 − 1], granting stipulation [76 − 1], granting stipulation [75 − 1] claims of the plas set out in order against dfts Richard Arrington Jr and the City of Birmingham are DISMISSED w/ prej and each party to bear its own costs filed ( by Judge C L.

Oct. 13, 2000
80

ORDER DISMISSING FEWER THAN ALL DFTS on joint stipulation of dismissal of the claims of pla Hoyt Barnett that claims of pla Barnett against dfts Richard Arrington and the City of Birmingham are DISMISSED w/ prej and each party to bear its own costs filed ( by Judge C L. Smith Jr ) cm (SHB) (Entered: 02/28/2001)

Feb. 28, 2001
81

MOTION by appellee Birmingham, City of to withdraw attorney Marion F Walker filed cs (DWC) (Entered: 03/30/2001)

March 30, 2001
82

81 − ORDER granting motion to withdraw attorney Marion F Walker [81 − 1] ( by Judge C L. Smith Jr ) entered cm (SHB) (Entered: 04/02/2001)

April 2, 2001

UTILITY event: terminates attorney Marion F Walker for Randy Woods, attorney Marion F Walker for Ronald Vaughn, attorney Marion F Walker for Donald Vaughn, attorney Marion F Walker for William Sulser, attorney Marion F Walker for Kenneth Wayne Smith, attorney Marion F Walker for Stanley Rodgers, attorney Marion F Walker for James Pharris, attorney Marion F Walker for Rex Keeling pursuant to doc# 82 (SHB) (Entered: 04/02/2001)

April 2, 2001

UTILITY event: terminates attorney Marion F Walker for David Hamilton, attorney Marion F Walker for Michael C Thomas, attorney Marion F Walker for John E Courington, attorney Marion F Walker for Barry Dale Bartlett, Marion F Walker for William L Garner, attorney Marion F Walker for William L Garner pursuant to doc# 82 (SHB) (Entered: 04/02/2001)

April 2, 2001
83

MOTION by plaintiff to continue mediation filed cs (SHB) (Entered: 04/09/2001)

April 6, 2001
84

83 − ORDER granting motion to continue mediation [83 − 1] to be reset by separate order ( by Magistrate − Judge T M. Putnam ) entered cm (SHB) (Entered: 04/16/2001)

April 13, 2001
85

CLAIM (Attorney Lien) by atty Marion F Walker for fees &costs w/ attachment filed cs (DWC) (Entered: 06/04/2001)

June 1, 2001
86

ORDER settlement conference scheduled 7/11/01 at 9:00am in chambers in Birmingham filed ( by Magistrate − Judge T M. Putnam ) cm (SHB) (Entered: 06/07/2001)

June 6, 2001
87

MOTION by plaintiff to compel dft City of Birmingham to provide certain calculations w/ respect to retirement benefits of remaining plas filed cs (SHB) (Entered: 06/11/2001)

June 8, 2001

State / Territory: Alabama

Case Type(s):

Equal Employment

Key Dates

Filing Date: April 12, 1984

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Nonblack firefighters employed by the City of Birmingham, 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 Birmingham, Alabama, City

Jefferson County Personnel Board, County

Defendant Type(s):

Fire

Case Details

Causes of Action:

42 U.S.C. § 1983

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: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Form of Settlement:

Voluntary Dismissal

Order Duration: 1994 - None

Content of Injunction:

Discrimination Prohibition

Issues

General:

Disparate Treatment

Discrimination-area:

Hiring

Promotion

Discrimination-basis:

Race discrimination

Race:

Black

White