Case: Knight v. Alabama

2:83-cv-01676 | U.S. District Court for the Northern District of Alabama

Filed Date: July 11, 1983

Closed Date: 2008

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Case Summary

This case record includes two originally separate, but then consolidated cases: The first was a class action filed on 07/11/1983, by plaintiffs--African-American students, alumni, faculty, and staff of state universities, along with now-Alabama state Senator John F. Knight--who sought injunctive and declaratory relief based on violations of the Fourteenth Amendment, Title VI of the Civil Rights Act of 1964, and 42 U.S.C. 1983. Represented by the NAACP Legal Defense Fund, they sued the state of …

This case record includes two originally separate, but then consolidated cases:

The first was a class action filed on 07/11/1983, by plaintiffs--African-American students, alumni, faculty, and staff of state universities, along with now-Alabama state Senator John F. Knight--who sought injunctive and declaratory relief based on violations of the Fourteenth Amendment, Title VI of the Civil Rights Act of 1964, and 42 U.S.C. 1983. Represented by the NAACP Legal Defense Fund, they sued the state of Alabama alleging that the public higher education in the Montgomery area was segregated by race. This suit was captioned Knight v. James, Civ. No. 81-52-N, M.D. Alabama, Northern Division and overseen by Judge Truman McGill Hobbes.

Simultaneously, as a result of Adams v. Richardson the federal government completed an administrative investigation into Alabama’s Title VI compliance over four years, at the end of which the Department of Justice filed a separate, U.S. v. Alabama, Civ. No. 83-C-1676-S, N.D. Alabama, Southern Division.

The cases were consolidated and heard by Judge U.W. Clemon, Alabama's first black federal judge. During the month-long trial in July 1985, plaintiffs presented evidence showing the segregation and discrepancies in spending in Alabama higher education. Plaintiffs’ litigation strategy was similar to the LDF’s arguments pre-Brown, choosing to focus on the inadequacy of black institutions. The District Court concluded that the system of higher education was in fact segregated as of July 2, 1985. U.S. v. State of Alabama, 628 F. Supp. 1137 (N.D. Ala. 1985).

The Eleventh Circuit reversed and remanded the jury trial case because, it held, Judge Clemon's involvement with Alabama desegregation issues prior to his judicial appointment meant that he should have recused himself. 828 F.2d 1532 (5th Cir. 1987). On remand, the case was reassigned to Judge Harold L. Murphy. In 1991, after another trial, Judge Murphy granted a permanent injunction against the state, saying that Alabama’s policies held de jure segregation in place. The court specifically pointed to the lack of adequate facilities and funding and duplicative proximately located programs at the state’s historically white and place institutions. The permanent injunction granted to plaintiffs ordered Alabama to change policies related to employment, enrollment, funding allocation and program duplication. The District Court also ordered a monitoring committee to oversee compliance with its orders. 787 F.Supp. 1030 (N.D. Ala. 1991).

When the case was waiting to be heard on appeal by Eleventh Circuit, the Supreme Court decided United States v. Fordice, 505 U.S. 717 (1992), clarifying the standard for determining school desegregation remedies in higher education. In light of Fordice, the Fifth Circuit reversed the district court's opinion in part, and remanded for more development. Knight v. State of Ala., 14 F.3d 1534 (5th Cir. 1994).

On remand, in 1995, the U.S. District Court for the Northern District of Alabama applied the rule from Fordice to Knight and set a ten-year period for the compliance with monitoring. A key part of the desegregation plan was a creation of a trust for educational excellence at historically black colleges that would allow alumni to prove their pride and support of the institutions with charitable foundations to exhibit confidence in the school with donations that were eligible to be matched by the state. The rationale was that the trust could help to erasing the inadequacies caused by de jure segregation. The District Court mandated that the principal of any public funds, gifts, grants, monies and property of every kind and character received by the trust should be maintained in perpetuity as the corpus of said trust with at least 25% of the annual income to be added to the trust corpus. The 75% not required to be reinvested in the corpus could be used for specified educational purposes at Alabama A&M University, which was one of the historically black institutions of Alabama. Knight v. State of Ala., 900 F.Supp. 272 (N.D. Ala. 1995).

In 2003, two years before the ten-year compliance was set to be complete, Plaintiffs filed an enforcement motion alleging that the goals of the 1995 decision were being compromised by Alabama’s underfunding of both K-12 and public higher education schools. The Plaintiff’s challenge was centered around the argument that property tax laws in Alabama were designed with the purpose of having underfunded schools for African-Americans. The District Court ruled in favor of Alabama, 458 F.Supp.2d 1273 (N.D. Ala. 2004), and in 2007 the Eleventh Circuit affirmed, ruling that (1) “Alabama's property tax policies were not policies “governing higher education” and thus could not be challenged” under Fordice decision and (2) Alabama’s “constitutional property tax provisions did not have a continuing segregated effect on higher education in Alabama.” Knight v. Alabama, 476 F.3d 1219 (5th Cir. 2007), cert. denied, 551 U.S. 1146 (2007).

Meanwhile, on July 29, 2005, two days before the District Court’s 1995 remedial decree was set to expire, Defendant Alabama State University (ASU) filed a Notice of Objections to the Termination of Provisions of the Remedial Decree. While the Notice was withdrawn on August 5, 2005, the District Court extended the time for filing objections to the termination of the 1995 Remedial Decree until September 29, 2005 and later extended the deadline until October 31, 2005 in order to allow the parties to continue settlement negotiations. The parties were unable to reach a settlement agreement, with the Department of Justice, ASU and Alabama A&M University all filing Objections to the Termination of the provisions of the remedial decrees of 1995. After the District Court allowed discovery for their respective positions, the parties continued to discuss a settlement. In October 2006, the various parties began filing motions with the District Court to approve the settlement. The court found the terms of the proposed Settlement Agreement to be fair, reasonable and consistent with the Constitution. The District Court further stated that the Defendants had been in good faith compliance with their statutory burden to eliminate the vestiges of de jure segregation remaining in their institutions’ policies and practices, with unitary status to be achieved through withdrawal of the 1995 Remedial Decree and implementation of the 2006 settlement. The District Court officially declared the action terminated "with limited exceptions" as of December 12, 2006. 469 F.Supp.2d 1016 (N.D. Ala. 2006). The Eleventh Circuit affirmed the District Court’s ruling on March 28, 2008. U.S. v. Alabama, 271 Fed.Appx. 896 (2008). On remand, the Court entered an order stating "the case having been fully concluded, it is ORDERED that the remaining funds be released to the State's attorney."

A few items on the docket since the case ended in 2008 relate to allegations that Universities did not properly re-invest the Trust’s income as required by the 1995 decree. The case remains closed.


2:83-cv-01676	Docket (Original scanned) Knight v. State of Alabama	Feb. 6, 2002	Feb. 6, 2002 Docket
2:83-cv-01676 06-13232 07-10235	Docket US of America v. Alabama, State of	Aug. 20, 2015	Aug. 20, 2015 Docket
1 2:83-cv-01676	Complaint United States v. State of Alabama	July 11, 1983	July 11, 1983 Complaint
90-01205	[Order] United States v. Fordice Supreme Court of the United States	Nov. 13, 1991	Nov. 13, 1991 Order/Opinion 505 U.S. 717
2:83-cv-01676	[Order]	Dec. 30, 1991	Dec. 30, 1991 Order/Opinion 787 F.Supp. 1030
2153 2:83-cv-01676	Order Granting in Part Motions to Alter or Amend Decree	Aug. 1, 1995	Aug. 1, 1995 Order/Opinion 900 F.Supp. 272
2:83-cv-01676	[Order]	Oct. 5, 2004	Oct. 5, 2004 Order/Opinion 458 F.Supp.2d 1273
05-11527	[Order] U.S. Court of Appeals for the Eleventh Circuit	Jan. 31, 2007	Jan. 31, 2007 Order/Opinion 476 F.3d 1219
11-15464	[Order] I.L. v. State of Alabama U.S. Court of Appeals for the Eleventh Circuit	Jan. 10, 2014	Jan. 10, 2014 Order/Opinion 39 F.3d 1273

ECF Number	Date	Description	Link
1	July 11, 1983	COMPLAINT against all defendants, filed 7/11/1983 by US of America.(SFH, ) (image added to the record 4/30/07 for electronic access) (Entered: 04/30/2007)	RECAP
3003	Feb. 5, 2002	NOTICE of filing of scanned image of docket sheet - conventional paper entries (Attachments: 1,2,3,4,5,6,7,8,9) (SNH, ). (Entered: 04/25/2006) 1 May 8, 1984- March 7, 1985 View on PACER 2 March 8, 1985-June 14, 1985 View on PACER 3 June 14, 1985- Sept 16, 1985 View on PACER 4 Dec 20, 1985- Sept 10, 1990 View on PACER 5 Sept 10, 1990- Aug 9, 1994 View on PACER 6 Aug 12, 1994-July 7, 1997 View on PACER 8 July 15, 1997- March 3, 2000 View on PACER 9 March 3, 2000- Feb 6, 2002 View on PACER	RECAP
3004	Feb. 6, 2002	Clerk's Notice to Parties re: feasibility of faxing documents in this case (KWC) (Entered: 02/06/2002)	RECAP
3005	Feb. 8, 2002	ORDER that the court having received att communication, it is ordered that it be filed of record in this case and cy of same be served upon counsel; filed (by Judge Harold L. Murphy) cm (KWC) (Entered: 02/08/2002)	RECAP
3006	Feb. 8, 2002	ORDER that court has rec'd from the Monitor the report of the Oversight Comm on the proposed AL State Univ program for Ed.D. in Educ Leadership, Policy and Law; it is now before the court for consideration; any party wishing to comment should do so w/in 25 days; filed ( by Judge Harold L. Murphy ) cm (KWC) (Entered: 02/08/2002)	RECAP
3007	Feb. 13, 2002	RESPONSE by plaintiff US of America to court's orders to file comments regarding complaince with 1991 and 1995 decrees filed cs (MAA) (Entered: 02/13/2002)	RECAP
3008	Feb. 13, 2002	RESPONSE by intervenor-plaintiff John F Knight, Alease S. Sims Jr to order [3006-1] (comments on compliance with remedial decrees) separately bound with exh att filed cs (MAA) (Entered: 02/14/2002)	RECAP
3009	Feb. 19, 2002	MOTION (notice) by movant Dr Robert W Drakeford, movant Jonathan R Borden for order to come into action and wish to be heard at Court's hrg of 02/21/02 filed cs (KWC) (Entered: 02/20/2002)	RECAP
3010	Feb. 19, 2002	Memorandum BRIEF by movant Robert W Drakeford, movant Jonathan R Borden in support of their participation in this action filed cs (KWC) (Entered: 02/20/2002)	RECAP
3011	Feb. 25, 2002	ORDER directing Oversight Committee to undertake assessment as set out (re: joint motion for apptmt of AGB as consultant to court on qualifications for apptmt as trustee and on how board policies can contribute to or impede compliance w/ Remedial Decrees; State dfts have agreed to deposit $250,000 for cost of this study) Funds ($250,000) should be depositied into Registry of court w/in 30 days; filed ( by Judge Harold L. Murphy ) cm (KWC) (Entered: 02/26/2002)	RECAP
3012	Feb. 25, 2002	ORDER that time in which Knight-Sims plas may conduct disc to assess progress of compliance w/ respect to institutional leadership, set out in order of Jan 16, 2002, is further extended to March 29, 2002 filed (by Judge Harold L. Murphy) cm (KWC) (Entered: 02/26/2002)	RECAP
3013	Feb. 25, 2002	ORDER that motion of Alabama A&M Univ to revise its capital improvement plan consistent w/ respresentations made in Exh A is GRANTED; Alabama A&M Univ's motion to require State to pay $176,372 in capital funding is DENIED; filed (by Judge Harold L. Murphy) cm (KWC) (Entered: 02/26/2002)	RECAP
3014	Feb. 25, 2002	ORDER that Clerk is directed to pay individuals listed in order the amounts indicated; payment is to come from funds held on account for this matter filed ( by Judge Harold L. Murphy ) cm (KWC) (Entered: 02/26/2002)	RECAP
3015	Feb. 25, 2002	MEMORANDUM re: letter of Dr. William Blow of ACHE dtd 10/29/01 filed (by Judge Harold L. Murphy) cm (KWC) Modified on 02/26/2002 (Entered: 02/26/2002)	RECAP
3016	Feb. 27, 2002	Notice to Parties of request for reimbursable expenses for period of 01/25/02 through 02/24/02 by Carlos Gonzalez, Court Monitor w/att filed (KWC) (Entered: 02/27/2002)	RECAP
3017	March 13, 2002	MOTION by dft Alabama A&M for order with respect to funding of urban affairs and new nontraditional programs filed cs (KWC) (Entered: 03/13/2002)	RECAP
3018	March 13, 2002	MOTION by dft Alabama A&M for reconsideration of order denying AAMU's motion to require state to comply w/ March 3, 2000 order filed cs (KWC) (Entered: 03/13/2002)	RECAP
3019	March 13, 2002	ORDER that clerk is directed to pay individuals listed in order the amounts indicated; payment is to come from the funds held on account for this matter; filed (by Judge Harold L. Murphy) cm (KWC) (Entered: 03/13/2002)	RECAP
3020	March 18, 2002	RESPONSE by ASU to oversight committee's report and recommendation to the court concerning Alabama State University's proposal for an Ed.D Prgram in Educational Leadership, Policy & Law filed cs (SNH) (Entered: 03/18/2002)	RECAP
3021	March 18, 2002	RESPONSE by USA to Oversight Committee on Proposed ASU Program for Ed.D in Educational Leadership, Policy and Law filed cs (SNH) (Entered: 03/18/2002)	RECAP
3022	March 18, 2002	ORDER that pursuant to the oral statements of the court made at the hearing 02/21/02 the request of Dr. Drakeford and Mr. Borden to enforce provisions of the court's decree on an individual basis is denied w/o prejudice filed ( by Judge Harold L. Murphy ) cm (SNH) (Entered: 03/18/2002)	RECAP
3023	March 29, 2002	REQUEST by Troy State University Montgomery for permissions to accept donation of building filed - cs (SNH) (Entered: 04/01/2002)	RECAP
3024	April 1, 2002	ORDER in resolution of pending motion by Knight plaintiffs concerning employment practices of predominately white defendant institutions filed ( by Judge Harold L. Murphy ) cm (SNH) (Entered: 04/03/2002)	RECAP
3025	April 4, 2002	Request by Special master Carlos A. Gonzalez for reimbursable expenses for period 2/25/02 thru 3/31/02 filed and mailed to counsel of record (SNH) (Entered: 04/04/2002)	RECAP
3026	April 12, 2002	ORDER that the attached copy of the 12/14/01 report of the ACHE staff is made a part of the record filed ( by Judge Harold L. Murphy ) cm (SNH) (Entered: 04/12/2002)	RECAP
3027	April 12, 2002	TRANSCRIPT of proceedings had before Judge Harold L. Murphy on February 21, 2002, filed - Court Reporter Dennis Reidy (SNH) (Entered: 04/12/2002)	RECAP
3028	April 17, 2002	NOTICE of appearance for intervenor-plaintiff John F Knight Jr by Sarah L Thompson, James U Blacksher filed cs (PGS) (Entered: 04/18/2002)	RECAP
3029	April 26, 2002	ORDER-The court hreby takes this opportunity to clarify paragraph 9 of 4/3/02 order as set out; funding required by this order should begin with Fiscal Year 2002-2003; proration shall apply to the districution of funds called for in Paragraphs 6A and 6B of this order filed ( by Judge Harold L. Murphy ) cm (MAA) (Entered: 04/26/2002)	RECAP
3030	May 1, 2002	Clerk's Notice to Parties distributing request of Carlos A Gonzalez for reimbursable expenses for 4/1/02 thru 04/29/02 (SNH) (Entered: 05/01/2002)	RECAP
3031	May 2, 2002	MOTION by defendant, Auburn Univ, to withdraw attorney J Russell Campbell filed cs (PGS) (Entered: 05/03/2002)	RECAP
3032	May 3, 2002	ORDER that the clerk is direct4ed to pay individuals listed from funds held on account for compensation and reimbursement of actual expenses filed ( by Judge Harold L. Murphy ) cm (SNH) (Entered: 05/06/2002)	RECAP
3033	May 3, 2002	ORDER that ptys have 10 days to file objections to funding proposal for ASUs Ed.D. program filed ( by Judge Harold L. Murphy ) cm (SNH) (Entered: 05/06/2002)	RECAP
3034	May 3, 2002	ORDER granting motion of Troy State University Montgomery to accept donation of a building as set out in this order filed ( by Judge Harold L. Murphy ) cm (SNH) (Entered: 05/06/2002)	RECAP
3035	May 3, 2002	Clerk's Notice to Parties of recorded time for year 2001 by Special Master, C. A. Gonzalez filed-cm (SNH) (Entered: 05/06/2002)	RECAP
3036	May 8, 2002	MOTION by plaintiffs, John F. Knight, Jr. and Alease S. Sims for temporary restraining order, for preliminary injunction preserving status quo filed cs (SNH) (Entered: 05/10/2002)	RECAP
3037	May 8, 2002	RESPONSE by plaintiff to motion for reconsideration of order denying AAMU's motion to require state to comply w/ March 3, 2000 order [3018-1] filed cs (SNH) (Entered: 05/10/2002)	RECAP
3038	May 13, 2002	ORDER that any party responding to motion for temporary restraining order [3036-1] must file responses by 5/21/02 filed ( by Judge Harold L. Murphy ) cm (SNH) (Entered: 05/13/2002)	RECAP
3039	May 14, 2002	MOTION (amendment) by intervenor-plaintiff John F Knight Jr for temporary restraining order, and for preliminary injunction w/exhibits attached filed cs (KLL) (Entered: 05/15/2002)	RECAP
3040	May 17, 2002	MOTION to withdraw attorneys Gregory B. Stein and Henry Brewster as counsel for John F. Knight, Jr. and Alease S. Sims, et al filed cs (KLL) (Entered: 05/20/2002)	RECAP
3041	May 20, 2002	ORDER that attached communication is made part of the record filed ( by Judge Harold L. Murphy ) cm (KLL) (Entered: 05/20/2002)	RECAP

Case: Knight v. Alabama

2:83-cv-01676 | U.S. District Court for the Northern District of Alabama

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Docket for: US of America v. Alabama, State of

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