SHUFORD v. ALABAMA STATE BD. OF EDUC.

Civ. A. No. 89-T-196-N.

897 F.Supp. 1535 (1995)

Humphrey L. SHUFORD, et al., Plaintiffs, v. ALABAMA STATE BOARD OF EDUCATION, et al., Defendants.

District Court of United States, M.D. Alabama, Northern Division.

August 11, 1995.


Attorney(s) appearing for the Case

Terry G. Davis, Amardo Wesley Pitters, Terry G. Davis, P.C., Montgomery, AL, Mark Englehart, Anita L. Kelly, Kenneth Lamar Thomas, Thomas, Means & Gillis, P.C., Montgomery, AL, for plaintiff Humphrey L. Shuford.

James U. Blacksher, Birmingham, AL, Leslie Proll, Birmingham, AL, John C. Falkenberry, Sirote & Permutt, Birmingham, AL, Joe R. Whatley, Jr., Cooper, Mitch, Crawford, Kuydendall & Whatley, Birmingham, AL, for intervenor-plaintiff Connie Johnson.

James U. Blacksher, Birmingham, AL, Joe R. Whatley, Jr., Andrew Clay Allen, Cooper, Mitch, Crawford, Kuydendall & Whatley, Birmingham, AL, Rebecca H. Hunt, Haskell, Slaughter, Young, Johnston & Gallion, Birmingham, AL, for intervenor-plaintiff Karen Newton.

Terry G. Davis, Terry G. Davis, P.C., Montgomery, AL, Anita L. Kelly, Kenneth Lamar Thomas, Thomas, Means & Gillis, Montgomery, AL, for intervenor-plaintiff Kenneth A. Brackins.

Thomas T. Gallion, III, Haskell, Slaughter, Young, Johnston & Gallion, Montgomery, AL, Beverly Ann Poole Baker, Richard H. Walston, Rebecca H. Hunt, Michael K.K. Choy, Haskell, Slaughter, Young, Johnston & Gallion, Birmingham, AL, for intervenors-plaintiffs Myra P. Davis, Sheryl B. Threatt.

Terry G. Davis, Terry G. Davis, P.C., Montgomery, AL, Willie Troy Massey, W. Troy Massey, P.C., Montgomery, AL, Solomon S. Seay, Jr., Montgomery, AL, Mark Englehart, Kenneth Lamar Thomas, Thomas, Means & Gillis, Montgomery, AL, for intervenors-plaintiffs Thad C. McClammy, Ella Jones.

Edward M. George, Jeffery A. Foshee, Foshee & Associates, Montgomery, AL, J. Mason Davis, Sirote & Permutt, Birmingham, AL, J. Allen Schreiber, Gerald Alan Templeton, Catherine L. Hogewood, Lloyd, Schreiber & Gray, P.C., Birmingham, AL, Anthony A. Joseph, Helen Kathryn Downs, R. Scott Clark, Johnston, Barton, Proctor, Swedlaw & Naff, Birmingham, AL, Renee Culverhouse, Office of General Counsel, State of Alabama, Department of Postsecondary Education, Montgomery, AL, for defendants Alabama State Board of Education, Fred Gainous, in His Capacity as Chancellor of Post Secondary Education Services, John M. Tyson, Jr., Individually and in His Official Capacity as a Member of the Alabama State Board of Education, Stedman Shealy, Jr., Individually and in His Official Capacity as a Member of the Alabama State Board of Education, Isabelle Thomasson, Individually and in Her Official Capacity as a Member of the Alabama State Board of Education, Ethel Hall, in Her Official Capacity as a Member of the Alabama State Board of Education, Willie Paul, in His Official Capacity as a Member of the Alabama State Board of Education, Spencer Bachus, Individually and in His Official Capacity as a Member of the Alabama State Board of Education, Victor Poole, Individually and in His Official Capacity as a Member of the Alabama State Board of Education, Evelyn S. Pratt, Individually and in Her Official Capacity as a Member of the Alabama State Board of Education and intervenors-defendants, Alabama State Board of Education, Fred Gainous, John M. Tyson, Jr., Stedman Shealy, Jr., Isabelle Thomasson, Ethel Hall, Willie Paul, Spencer Bachus, Victor Poole, Evelyn S. Pratt.

Randall C. Morgan, Terry Alan Sides, Hill, Hill, Carter, Franco, Cole & Black, Montgomery, AL, J. Mason Davis, Sirote & Permutt, Birmingham, AL, J. Allen Schreiber, Lloyd, Schreiber & Gray, P.C., Birmingham, AL, for defendant Malcom A. Jones, in His Capacity as President of Atmore State Technical College and intervenors-defendants Larry McCoy, President of Muscle Shoals State Technical College, Northwest Shoals Community College, Atmore State Technical College, Betty Fine Collins, Tazewell Shepherd and Dan Cleckler, Individually and in Their Official Capacity as Members of Alabama State Board of Education, Bevill State Community College, Harold Wade, Individually and in His Capacity as Administrative Head of Northwest Alabama Community College, Hamilton Campus.

Jeffery A. Foshee, Foshee & Associates, Montgomery, AL, J. Mason Davis, Sirote & Permutt, Birmingham, AL, J. Allen Schreiber, Gerald Alan Templeton, Catherine L. Hogewood, Lloyd, Schreiber & Gray, P.C., Birmingham, AL, for intervenors-defendants Lawson State Community College, Perry W. Ward.

Gerald Alan Templeton, Catherine L. Hogewood, Lloyd, Schreiber & Gray, P.C., Birmingham, AL, Anthony A. Joseph, Helen Kathryn Downs, R. Scott Clark, Johnston, Barton, Proctor, Swedlaw & Naff, Birmingham, AL, for intervenors-defendants Fob James, Bradley Byrne, G.J. Higginbotham, Stephanie Bell, David F. Byers, Jr., Sandra Ray, Mary Jane Caylor, in their Official Capacity as Members of Alabama State Board of Education, Earl Roberson, in His Capacity as Administrative Head of Trenholm State Technical College, Trenholm State Technical College.

James M. Parker, Jr., Johnston, Barton, Proctor, Swedlaw & Naff, Birmingham, AL, Raymond P. Fitzpatrick, Jr., Whiteside & Fitzpatrick, Birmingham, AL, for intervenors-plaintiffs Jamie C. Moncrief, Thomas L. Davis.


MEMORANDUM OPINION AND ORDER

MYRON H. THOMPSON, Chief Judge.

This lawsuit began when plaintiff Humphrey L. Shuford, an African-American, brought an employment discrimination claim charging that he had been denied promotions in Alabama's postsecondary educational system because of his race. He named as defendants the Alabama State Board of Education and its chancellor and individual board members and the Atmore State Technical College and its president...

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