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

Clearinghouse coding complete

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 A…

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 (see SD-DC-0001 in this Clearinghouse) 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.

Available opinions

Knight v. James, 514 F.Supp. 567 (1981)

U.S. v. State of Ala., 574 F.Supp. 762 (1983)

U.S. v. State of Ala., 571 F.Supp. 958 (1983)

U.S. v. State of Ala., 582 F.Supp. 1197 (1984)

U.S. v. State of Alabama, 628 F. Supp. 1137 (1985)

U.S. v. State of Ala., 762 F.2d 1021 (1985)

U.S. v. State of Ala., 791 F.2d 1450 (1986)

U.S. v. State of Ala., 796 F.2d 1478 (1986)

U.S. v. State of Ala., 828 F.2d 1532 (1987)

Knight v. State of Ala., 787 F.Supp. 1030 (1991)

Knight v. State of Ala., 933 F.2d 1021 (1991)

Knight v. State of Ala., 801 F.Supp. 577 (1992)

Knight v. State of Ala., 824 F.Supp. 1022 (1993)

Knight v. State of Ala., 829 F.Supp. 1286 (1993)

Knight v. State of Ala., 14 F.3d 1534 (1994)

Knight v. State of Alabama, 1994 WL 369496 (1994)

Knight v. State of Ala., 900 F.Supp. 272 (1995)

Knight v. State of Ala., 962 F.Supp. 1442 (1996)

Knight v. Alabama, 458 F.Supp.2d 1273 (2004)

Knight v. Alabama, 469 F.Supp.2d 1016 (2006)

Knight v. Alabama, 476 F.3d 1219 (2007)

U.S. v. Alabama, 271 Fed.Appx. 896 (2008)

Summary Authors

Alaael-Deen Shilleh (5/21/2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5460047/parties/us-of-america-v-alabama-state-of/


Judge(s)

Anderson, Robert Lanier III (Georgia)

Edmondson, James Larry (Georgia)

Hornby, David Brock (Maine)

Jordan, Adalberto Jose (Florida)

Kravitch, Phyllis A. (Georgia)

Murphy, Harold Lloyd (Georgia)

Attorneys(s) for Plaintiff

Blacksher, James U. (Alabama)

Crenshaw, Craig M. (District of Columbia)

Donaldson, Frank W. (Alabama)

Douglas, Nathaniel (District of Columbia)

Judge(s)

Anderson, Robert Lanier III (Georgia)

Edmondson, James Larry (Georgia)

Hornby, David Brock (Maine)

Jordan, Adalberto Jose (Florida)

Kravitch, Phyllis A. (Georgia)

Murphy, Harold Lloyd (Georgia)

Attorneys(s) for Plaintiff

Blacksher, James U. (Alabama)

Crenshaw, Craig M. (District of Columbia)

Donaldson, Frank W. (Alabama)

Douglas, Nathaniel (District of Columbia)

Glassman, Jeremiah (District of Columbia)

Handley, Harvey L. III (District of Columbia)

Heubert, Jay P. (District of Columbia)

Keeling, Thomas M. (District of Columbia)

Kelly, Sharon D. (Alabama)

Marshall, Franz (District of Columbia)

Martin, Alice H. (Alabama)

Meese, Edwin III (District of Columbia)

Miller, Pauline A. (District of Columbia)

Newton, Demetrius C. (Alabama)

North, James L. (Alabama)

Patrick, Deval L. (District of Columbia)

Pettenati, Jeanne K. (District of Columbia)

Privett, Caryl P (Alabama)

Proll, Leslie M. (District of Columbia)

Reynolds, William Bradford (District of Columbia)

Schmidt, Angela G. (District of Columbia)

Smith, William French (District of Columbia)

Thompson, Sarah L (Alabama)

Truman, Naomi H. (Alabama)

Watkins, Donald Varnardo (Alabama)

Watterson, Susan J (Alabama)

Younger, Levern M. (District of Columbia)

Attorneys(s) for Defendant

Allen, Edward Smith (Alabama)

Azar, Denise B. (Alabama)

Biggs, Gregory Marion (Alabama)

Blanton, M. Stanford (Alabama)

Blasingame, Ernest N (Alabama)

Boyd, David R. (Alabama)

Calhoun, Richard F. (Alabama)

Campbell, J. Russell (Alabama)

Carrigan, John Richard (Alabama)

Cates, John O. (Alabama)

Cohen, Daniel S. (District of Columbia)

Davis, Milton C (Alabama)

DeMent, Ira (Alabama)

Derfner, Armand Georges (South Carolina)

Ellis, Frank C. Jr. (Alabama)

Falkenberry, John C. (Alabama)

Foshee, Jeff (Alabama)

Gardner, Cecil (Alabama)

George, Edward (Alabama)

Gray, Fred David Sr. (Alabama)

Greene, J. Scott (Alabama)

Haden, Edgar Robert (Alabama)

Hassett, Joseph (District of Columbia)

Hill, Robert M. Jr. (Alabama)

Hunter, Robert D. (Alabama)

Ingram, J. Fredric (Alabama)

Ippolito, Jim Robert Jr. (Alabama)

Johnson, Carl E. Jr. (Alabama)

Kendrick, Michael G. (Alabama)

Laurie, Robin Garrett (Alabama)

Lemley, Norma M (Alabama)

Lovett, Thomas M. (Alabama)

Meadows, Richard N. (Alabama)

Menefee, Larry T. (Alabama)

Merrill, Walter J. (Alabama)

Murray, Wiliam F. (Alabama)

Pearson, J. Richmond (Alabama)

Potts, Robert L. (Alabama)

Powell, C Glenn (Alabama)

Putnam, T. Michael (Alabama)

Rieder, Robert W. Jr (Alabama)

Roberts, Maxey J. (Alabama)

Samford, Thomas D. III (Alabama)

Schell, Braxton Jr. (Alabama)

Seay, Solomon S. Jr. (Alabama)

Self, Charles (Alabama)

Somerville, William G. Jr. (Alabama)

Sorrells, Reginald Lee (Alabama)

Stewart, Donald W (Alabama)

Tally, John B. (Alabama)

Tatel, David S. (District of Columbia)

Templeton, Gerald (Alabama)

Thagard, Thomas W. Jr. (Alabama)

Thomas, William Kenneth (Alabama)

Tucker, Jean Walker (Alabama)

Waggoner, Mark T (Alabama)

Wallace, Joseph A (West Virginia)

Whatley, Joe R. Jr. (Alabama)

White, Michael Ronald (Alabama)

Wise, Ronald W. (Alabama)

Woodrow, R M (Alabama)

Other Attorney(s)

Levin, Joseph J. Jr. (Alabama)

Todd, Thomas N. (Illinois)

Expert/Monitor/Master

Engel, Mylan R. (Alabama)

Documents in the Clearinghouse

Document

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

505 U.S. 717

Nov. 13, 1991

Nov. 13, 1991

Order/Opinion

2:83-cv-01676

[Order]

787 F.Supp. 1030

Dec. 30, 1991

Dec. 30, 1991

Order/Opinion
2153

2:83-cv-01676

Order Granting in Part Motions to Alter or Amend Decree

900 F.Supp. 272

Aug. 1, 1995

Aug. 1, 1995

Order/Opinion

2:83-cv-01676

[Order]

458 F.Supp.2d 1273

Oct. 5, 2004

Oct. 5, 2004

Order/Opinion

05-11527

[Order]

U. S. Court of Appeals for the Eleventh Circuit

476 F.3d 1219

Jan. 31, 2007

Jan. 31, 2007

Order/Opinion

11-15464

[Order]

I.L. v. State of Alabama

U. S. Court of Appeals for the Eleventh Circuit

39 F.3d 1273

Jan. 10, 2014

Jan. 10, 2014

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5460047/us-of-america-v-alabama-state-of/

Last updated Aug. 6, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

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)

July 11, 1983

July 11, 1983

PACER
3003

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

Feb. 5, 2002

Feb. 5, 2002

PACER
3004

Clerk's Notice to Parties re: feasibility of faxing documents in this case (KWC) (Entered: 02/06/2002)

Feb. 6, 2002

Feb. 6, 2002

PACER
3005

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)

Feb. 8, 2002

Feb. 8, 2002

PACER
3006

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)

Feb. 8, 2002

Feb. 8, 2002

PACER
3007

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)

Feb. 13, 2002

Feb. 13, 2002

PACER
3008

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)

Feb. 13, 2002

Feb. 13, 2002

PACER
3009

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)

Feb. 19, 2002

Feb. 19, 2002

PACER
3010

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)

Feb. 19, 2002

Feb. 19, 2002

PACER
3011

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)

Feb. 25, 2002

Feb. 25, 2002

PACER
3012

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)

Feb. 25, 2002

Feb. 25, 2002

PACER
3013

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)

Feb. 25, 2002

Feb. 25, 2002

PACER
3014

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)

Feb. 25, 2002

Feb. 25, 2002

PACER
3015

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)

Feb. 25, 2002

Feb. 25, 2002

PACER
3016

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)

Feb. 27, 2002

Feb. 27, 2002

PACER
3017

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)

March 13, 2002

March 13, 2002

PACER
3018

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)

March 13, 2002

March 13, 2002

PACER
3019

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)

March 13, 2002

March 13, 2002

PACER
3020

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)

March 18, 2002

March 18, 2002

PACER
3021

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)

March 18, 2002

March 18, 2002

PACER
3022

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)

March 18, 2002

March 18, 2002

PACER
3023

REQUEST by Troy State University Montgomery for permissions to accept donation of building filed - cs (SNH) (Entered: 04/01/2002)

March 29, 2002

March 29, 2002

PACER
3024

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)

April 1, 2002

April 1, 2002

PACER
3025

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)

April 4, 2002

April 4, 2002

PACER
3026

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)

April 12, 2002

April 12, 2002

PACER
3027

TRANSCRIPT of proceedings had before Judge Harold L. Murphy on February 21, 2002, filed - Court Reporter Dennis Reidy (SNH) (Entered: 04/12/2002)

April 12, 2002

April 12, 2002

PACER
3028

NOTICE of appearance for intervenor-plaintiff John F Knight Jr by Sarah L Thompson, James U Blacksher filed cs (PGS) (Entered: 04/18/2002)

April 17, 2002

April 17, 2002

PACER
3029

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)

April 26, 2002

April 26, 2002

PACER
3030

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)

May 1, 2002

May 1, 2002

PACER
3031

MOTION by defendant, Auburn Univ, to withdraw attorney J Russell Campbell filed cs (PGS) (Entered: 05/03/2002)

May 2, 2002

May 2, 2002

PACER
3032

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)

May 3, 2002

May 3, 2002

PACER
3033

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)

May 3, 2002

May 3, 2002

PACER
3034

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)

May 3, 2002

May 3, 2002

PACER
3035

Clerk's Notice to Parties of recorded time for year 2001 by Special Master, C. A. Gonzalez filed-cm (SNH) (Entered: 05/06/2002)

May 3, 2002

May 3, 2002

PACER
3036

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)

May 8, 2002

May 8, 2002

PACER
3037

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)

May 8, 2002

May 8, 2002

PACER
3038

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)

May 13, 2002

May 13, 2002

PACER
3039

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)

May 14, 2002

May 14, 2002

PACER
3040

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)

May 17, 2002

May 17, 2002

PACER
3041

ORDER that attached communication is made part of the record filed ( by Judge Harold L. Murphy ) cm (KLL) (Entered: 05/20/2002)

May 20, 2002

May 20, 2002

PACER
3042

MOTION to withdraw attorney Richard N Meadows filed cs (KLL) (Entered: 05/20/2002)

May 20, 2002

May 20, 2002

PACER
3043

MOTION by intervenor-plaintiff John F Knight Jr for order to modify funding provisions of 4/3/02, order regarding black faculty and staff filed cs (KLL) (Entered: 05/21/2002)

May 20, 2002

May 20, 2002

PACER
3044

MOTION by intervenor-plaintiff John F Knight Jr to withdraw document [3036-1], [3036-2] filed cs (KLL) (Entered: 05/21/2002)

May 20, 2002

May 20, 2002

PACER
3045

MOTION to withdraw attorney Mark T Waggoner filed cs (KLL) (Entered: 05/23/2002)

May 22, 2002

May 22, 2002

PACER
3046

MOTION to withdraw attorney Jim R Ippolito filed cs (KLL) (Entered: 05/28/2002)

May 28, 2002

May 28, 2002

PACER
3047

NOTICE of compliance by dft University of S Alabama and its Consent Decree Monitoring Committee with the consent decree entered 7/12/85 and orders dated 12/30/91 and 8/1/95 filed cs (KLL) (Entered: 05/30/2002)

May 30, 2002

May 30, 2002

PACER
3048

RESPONSE by dft UA Board of Trustees to Knight pla's and US' comments on compliance with rememdial decrees w/att appendices A-Q filed cs (KLL) (Entered: 06/03/2002)

May 31, 2002

May 31, 2002

PACER
3049

NOTICE of compliance filed by dft UA Bd of Trustees of its portion of the statewide monitoring committee's 11th annual report (pursuant to 1991 remedial decree) cs (KLL) (Entered: 06/03/2002)

May 31, 2002

May 31, 2002

PACER
3050

ORDER that Clerk is directed to pay individuals listed in order the indicated amounts; payment is to come from the funds held on account for this matter filed ( by Judge Harold L. Murphy ) cm (KLL) (Entered: 06/03/2002)

June 3, 2002

June 3, 2002

PACER
3051

ORDER granting motion to withdraw attorneys Gregory Stein & Henry Brewster on behalf of Knight pla [3040-1] filed ( by Judge Harold L. Murphy ) cm (KLL) (Entered: 06/03/2002)

June 3, 2002

June 3, 2002

PACER
3052

ORDER granting motion to withdraw attorney J Russell Campbell [3031-1] as counsel for Auburn Univ filed ( by Judge Harold L. Murphy ) cm (KLL) (Entered: 06/03/2002)

June 3, 2002

June 3, 2002

PACER
3053

ORDER re ASU's actions in complaince w/consent decree filed ( by Judge Harold L. Murphy ) cm (KLL) (Entered: 06/03/2002)

June 3, 2002

June 3, 2002

PACER
3054

MOTION to withdraw attorney Joseph A Wallace filed cs (KLL) (Entered: 06/07/2002)

June 7, 2002

June 7, 2002

PACER
3055

MOTION by intervenor-plaintiff John F Knight Jr,Alease S. Sims et al and defendant Alabama, State of, Governor Siegelman, Alabama Commission on Higher Education for order to approve settlement of attys fees filed cs (MAA) (Entered: 06/12/2002)

June 12, 2002

June 12, 2002

PACER
3056

MOTION by defendant Alabama, State of to withdraw attorney Milton C. Davis filed cs (MAA) (Entered: 06/13/2002)

June 12, 2002

June 12, 2002

PACER
3057

ORDER granting motion to withdraw attorney Milton C. Davis [3056-1] filed (by Judge Harold L. Murphy ) cm (KLL) (Entered: 06/14/2002)

June 14, 2002

June 14, 2002

PACER
3058

ORDER that attached communication is made part of record filed (by Judge Harold L. Murphy) cm (KLL) (Entered: 06/17/2002)

June 17, 2002

June 17, 2002

PACER
3059

NOTICE of compliance by State of AL dfts of its portion of statewide monitoring committee's annual report [pursuant to 1991 remedial decree] w/independently bound volumes 1-14 filed cs (KLL) (Entered: 06/20/2002)

June 19, 2002

June 19, 2002

PACER
3060

ORDER granting motion for order to approve settlement of attys fees [3055-1] filed (by Judge Harold L. Murphy) cm (KLL) (Entered: 06/25/2002)

June 25, 2002

June 25, 2002

PACER
3061

NOTICE filed by A & M Univ of filing reports of independent accountants pursuant to consent decree cs (KLL) (Entered: 06/27/2002)

June 26, 2002

June 26, 2002

PACER
3062

ORDER that attached communication is made part of the record filed (by Judge Harold L. Murphy) cm (KLL) (Entered: 06/27/2002)

June 27, 2002

June 27, 2002

PACER
3063

RESPONSE by Auburn Univ to Knight pla & US comments on compliance w/remedial decrees filed cs (KLL) (Entered: 06/28/2002)

June 27, 2002

June 27, 2002

PACER
3064

NOTICE filed by dfts State of AL & ASU of State of AL's reimbursement to ASU for minority scholarships awarded 2000-2001, pusrsuant to consent decree cs (KLL) (Entered: 07/01/2002)

June 28, 2002

June 28, 2002

PACER
3065

ORDER that court's response to Shawanda Pierce (attached) has been returned & is being made a part of record as undeliverable filed (by Judge Harold L. Murphy) cm (KLL) (Entered: 07/01/2002)

July 1, 2002

July 1, 2002

PACER
3066

MOTION by ASU Bd of Trustees to substitute certificate of service filed cs (KLL) (Entered: 07/08/2002)

July 3, 2002

July 3, 2002

PACER
3067

RESPONSE by ASU Board of Trustees to response [3008-1] w/independently bound vol att filed cs (KLL) (Entered: 07/08/2002)

July 3, 2002

July 3, 2002

PACER
3068

ORDER that the att letter and all included documents be made part of the record filed ( by Judge Harold L. Murphy ) cm (KLL) (Entered: 07/15/2002)

July 15, 2002

July 15, 2002

PACER
3069

MOTION to withdraw attorney Ernest N Blasingame filed cs (KLL) (Entered: 07/17/2002)

July 17, 2002

July 17, 2002

PACER
3070

MOTION to withdraw attorney William F Murray as counsel for the Board of Trustees of Troy State University filed cs (KLL) (Entered: 07/19/2002)

July 18, 2002

July 18, 2002

PACER
3071

NOTICE of filing reports of independent accountants pursuant to consent decree filed by AAMU cs (KLL) (Entered: 07/24/2002)

July 23, 2002

July 23, 2002

PACER
3072

NOTICE of compliance by Auburn Univ of its portion of the Statewide Monitoring Committee's annual report [pursuant to remedial decree] filed cs (KLL) (Entered: 07/30/2002)

July 30, 2002

July 30, 2002

PACER
3073

REQUEST by Carlos Gonzalez for reimbursable expenses for the period 5/29/02 through 7/29/02 filed and mailed to counsel of record (KLL) (Entered: 08/01/2002)

July 31, 2002

July 31, 2002

PACER
3074

ORDER granting motion to withdraw attorney Ernest N Blasingame [3069-1] as counsel for one of the dfts filed (by Judge Harold L. Murphy ) cm (KLL) (Entered: 08/02/2002)

Aug. 2, 2002

Aug. 2, 2002

PACER
3075

ORDER granting motion to withdraw attorney William F Murray as counsel for the Board of Trustees of Troy State University [3070-1] filed ( by Judge Harold L. Murphy ) (KLL) (Entered: 08/05/2002)

Aug. 5, 2002

Aug. 5, 2002

PACER
3076

NOTICE (REPORT) filed by ASU's Bd of Trustees of enrollment of court ordered programs (pursuant to remedial decree) cs (KLL) (Entered: 08/05/2002)

Aug. 5, 2002

Aug. 5, 2002

PACER
3077

MOTION for leave to withdraw attorney Leslie M Proll filed cs (KSS) Modified on 10/08/2002 (Entered: 08/13/2002)

Aug. 13, 2002

Aug. 13, 2002

PACER
3078

MOTION to withdraw attorney Naomi Hosea Truman filed cs (KLL) (Entered: 08/22/2002)

Aug. 22, 2002

Aug. 22, 2002

PACER
3079

ORDER expressing court's appreciation to Ms. Cagle for her efforts in preparing financial tables reflecting State funds expended on this litigation; court asks that tables be updated annually by ACHE & included in all future reports of Council of Presidents; any party wishing to comment on the numbers in att tables may do so w/i 30 days of entry date of this order filed ( by Judge Harold L. Murphy ) cm (KLL) (Entered: 09/18/2002)

Sept. 18, 2002

Sept. 18, 2002

PACER
3080

MOTION by intervenor-plaintiff for order for protection frm retailiation by ASU Board of Trustees filed cs (MAA) (Entered: 09/25/2002)

Sept. 23, 2002

Sept. 23, 2002

PACER
3081

ORDER that att communication will be placed in the record and distributed to counsel of record filed ( by Judge Harold L. Murphy ) cm (KLL) (Entered: 09/26/2002)

Sept. 26, 2002

Sept. 26, 2002

PACER
3082

ORDER granting request for evidentiary hearing [request made w/i motion for order of protection against retaliation 3080-1]; court will give notice to parties of hearing date and location; counsel for ASU is DIRECTED to instruct the university president and chair of bd of trustees that the university may not implement any of the board-approved recommendations of the Pappas Report w/out first providing the court and the parties written notice at least 15 days prior to proposed implementation filed ( by Judge Harold L. Murphy ) cm (KLL) (Entered: 09/26/2002)

Sept. 26, 2002

Sept. 26, 2002

PACER
3083

Clerk's Notice to Parties of Carlos Gonzalez' request for reimbursable expenses for 8/26/02 through 9/25/02 (filed and mailed to counsel of record) (KLL) (Entered: 10/03/2002)

Oct. 3, 2002

Oct. 3, 2002

PACER
3084

ORDER denying motion for order to come into action [3009-1]; orally denied by Judge Murphy in open court, see courtroom notes in file filed ( by Judge Harold L. Murphy ) cm (KLL) Modified on 10/08/2002 (Entered: 10/08/2002)

Oct. 7, 2002

Oct. 7, 2002

PACER
3085

ORDER granting motion to withdraw attorney Naomi Hosea Truman [3078-1], granting motion for leave to withdraw attorney Leslie M Proll [3077-1], granting motion to substitute certificate of service [3066-1], granting to withdraw attorney Joseph A Wallace [3054-1], granting motion to withdraw attorney Jim R Ippolito [3046-1], granting motion to withdraw attorney Mark T Waggoner [3045-1], granting motion to withdraw attorney Richard N Meadows [3042-1], granting motion to withdraw document [3036-1], [3036-2] [3044-1], motion for temporary restraining order [3039-1] denied as moot, motion for preliminary injunction [3039-2] denied as moot, motion for temporary restraining order [3036-1] denied as moot, motion for preliminary injunction preserving status quo [3036-2] denied as moot filed (by Judge Harold L. Murphy ) cm (KLL) (Entered: 10/08/2002)

Oct. 8, 2002

Oct. 8, 2002

PACER
3086

MOTION by intervenor-pla John F Knight Jr to quash ASU Board's notice to take deposition of pla Knight, and for order to authorize fair discovery proceedings filed cs (KLL) (Entered: 10/10/2002)

Oct. 9, 2002

Oct. 9, 2002

PACER
3087

RESPONSE by AAMU to court's order [3079-1] filed cs (KLL) (Entered: 10/11/2002)

Oct. 10, 2002

Oct. 10, 2002

PACER
3088

RESPONSE by ASU to motion to quash ASU Board's notice to take deposition of pla Knight [3086-1] and motion for order to authorize fair discovery proceedings [3086-2] filed cs (KLL) (Entered: 10/11/2002)

Oct. 11, 2002

Oct. 11, 2002

PACER
3089

ORDER terminating motion for order with respect to funding of urban affairs and new nontraditional programs [3017-1]; the court will rule on motion at a later date filed ( by Judge Harold L. Murphy ) cm (KLL) (Entered: 10/16/2002)

Oct. 16, 2002

Oct. 16, 2002

PACER
3090

ORDER denying motion for order to modify funding provisions of 4/3/02, order regarding black faculty and staff [3043-1] filed ( by Judge Harold L. Murphy ) cm (KLL) (Entered: 10/16/2002)

Oct. 16, 2002

Oct. 16, 2002

PACER
3091

ORDER denying motion for reconsideration of order re AAMU's motion to require state to comply w/ March 3, 2000 order [3018-1] filed ( by Judge Harold L. Murphy ) cm (KLL) (Entered: 10/16/2002)

Oct. 16, 2002

Oct. 16, 2002

PACER
3092

ORDER that clerk is directed to pay the listed individuals the amounts indicated; payment is to come from funds held on account for this matter filed ( by Judge Harold L. Murphy ) cm (KLL) (Entered: 10/16/2002)

Oct. 16, 2002

Oct. 16, 2002

PACER
3093

ORDER granting motion to quash ASU Board's notice to take deposition of pla Knight [3086-1] to the extent that same may not be taken until after 11/5/02, granting motion for order to authorize fair discovery proceedings [3086-2] as set out fully in this order filed ( by Judge Harold L. Murphy ) cm (KLL) (Entered: 10/18/2002)

Oct. 18, 2002

Oct. 18, 2002

PACER
3094

ORDER that att transcript of telephone conf w/counsel for the Knight-Sims plas & counsel for ASU be made a part of the record & distributed to all counsel of record filed ( by Judge Harold L. Murphy ) cm (KLL) (Entered: 10/18/2002)

Oct. 18, 2002

Oct. 18, 2002

PACER
3095

TRANSCRIPT (ORIGINAL) of telephonic proceedings had before Judge Harold L. Murphy on October 16, 2002, in Rome, GA filed - Court Reporter Dennis J Reidy (KLL) (Entered: 10/21/2002)

Oct. 21, 2002

Oct. 21, 2002

PACER
3096

RESPONSE by ASU to financial tables att to court's order [3079-1] filed cs (KLL) (Entered: 10/21/2002)

Oct. 21, 2002

Oct. 21, 2002

PACER
3097

NOTICE of filing financial statements w/independent accountants filed by AAMU cs (KLL) (Entered: 10/23/2002)

Oct. 23, 2002

Oct. 23, 2002

PACER
3098

CLERK'S COURT MINUTES denying motion for order to come into action [3009-1] filed cm (KAM) (Entered: 10/24/2002)

Oct. 23, 2002

Oct. 23, 2002

PACER
3099

JOINT MOTION by plas John F Knight Jr and Alease S Sims, dfts Alabama, State of and Gov Siegelman, AL Commission on Higher Education and its members, and AL Public School & College Authority and its members, incl Henry Mabry to approve settlement of attorney fees and expenses for April to Sept 2002 filed cs (KLL) (Entered: 10/28/2002)

Oct. 25, 2002

Oct. 25, 2002

PACER
3100

ORDER that att communication be made a part of the record and served upon counsel filed ( by Judge Harold L. Murphy ) cm (KLL) (Entered: 10/28/2002)

Oct. 28, 2002

Oct. 28, 2002

PACER
3101

ORDER that att communication be made a part of the record and same served upon counsel filed ( by Judge Harold L. Murphy ) cm (KLL) (Entered: 10/28/2002)

Oct. 28, 2002

Oct. 28, 2002

PACER

Case Details

State / Territory: Alabama

Case Type(s):

School Desegregation

Key Dates

Filing Date: July 11, 1983

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States + All African-American students, alumni, faculty, and staff of state universities

Plaintiff Type(s):

Private Plaintiff

U.S. Dept of Justice plaintiff

Attorney Organizations:

NAACP Legal Defense Fund

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of Alabama, State

Defendant Type(s):

College/University

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1995 - 2008

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Implement complaint/dispute resolution process

Other requirements regarding hiring, promotion, retention

Recordkeeping

Reporting

Student assignment

Issues

General:

Disparate Treatment

Education

Funding

Racial segregation

School/University Facilities

School/University policies

Staff (number, training, qualifications, wages)

Discrimination-basis:

Race discrimination

Race:

Black

Affected Gender:

Female

Male

Type of Facility:

Government-run