Tompkins v Alabama State University
Encyclopedia
Jessie Tompkins et al. v. Alabama State University et al. was a legal case involving affirmative action, that was decided in a United States Federal Court.
This was the first case filed by an African American
student to challenge the existing race-based affirmative action
admission policy at Alabama State University
in Montgomery, Alabama
. In Tompkins, four black who had been rejected as applicants for Alabama State University
white-only scholarship program filed suit to challenge the institution's admissions policy on equal protection grounds, and their case prevailed. To Mr. Tompkins
, the issue was a simple one: "They said I have to be white and I can't be." Indeed, few cases put affirmative action in as stark a light as does the Jessie Tompkins case. In a state where "whites only" signs
hung over public facilities only a few decades ago, a whites-only scholarship turns history on its head. "It's strange," says Tompkins. "You have a historically black institution giving scholarships to whites to remedy discrimination
."
.. Tompkins was influenced by Hopwood v. Texas
, 78 F.3d 932 (5th Cir. 1996), which was the first successful legal challenge to a university's affirmative action
policy in student admissions since Regents of the University of California v. Bakke
, 438 U.S. 265 (1978). The Tompkins case was filed in the U.S. District Court for the Middle District of Alabama before Judge Myron Herbert Thompson
. Tompkins alleged that he was denied equal protection of the laws under the Fourteenth Amendment to the United States Constitution
and the rights guaranteed by 42 U. S. C. Sections 2000d, 1981 and 1983 of the Civil Rights Act
to participate in ASU’s All-White Scholarship Program.
, and thus are members of the class certified in the Knight litigation (see below). Plaintiffs claim that the "other-race" scholarships created at Alabama State pursuant to the Court's 1995 Decree in Knight II violate their rights under the Fourteenth Amendment and 42 U.S.C.A. §§ 1981, 1983, and 2000d. The Plaintiffs named as Defendants the State of Alabama, ASU, the ASU Board of Trustees, and various ASU administrators. The Plaintiffs sought to certify this case as a class action
pursuant to Federal Rules of Civil Procedure
, Parts 23(b)(2) and 23(b)(3).
This was the first case filed by an African American
African American
African Americans are citizens or residents of the United States who have at least partial ancestry from any of the native populations of Sub-Saharan Africa and are the direct descendants of enslaved Africans within the boundaries of the present United States...
student to challenge the existing race-based affirmative action
Affirmative action
Affirmative action refers to policies that take factors including "race, color, religion, gender, sexual orientation or national origin" into consideration in order to benefit an underrepresented group, usually as a means to counter the effects of a history of discrimination.-Origins:The term...
admission policy at Alabama State University
Alabama State University
Alabama State University, founded 1867, is a historically black university located in Montgomery, Alabama. ASU is a member school of the Thurgood Marshall Scholarship Fund.- History :...
in Montgomery, Alabama
Montgomery, Alabama
Montgomery is the capital of the U.S. state of Alabama, and is the county seat of Montgomery County. It is located on the Alabama River southeast of the center of the state, in the Gulf Coastal Plain. As of the 2010 census, Montgomery had a population of 205,764 making it the second-largest city...
. In Tompkins, four black who had been rejected as applicants for Alabama State University
Alabama State University
Alabama State University, founded 1867, is a historically black university located in Montgomery, Alabama. ASU is a member school of the Thurgood Marshall Scholarship Fund.- History :...
white-only scholarship program filed suit to challenge the institution's admissions policy on equal protection grounds, and their case prevailed. To Mr. Tompkins
Jessie Tompkins
Jessie Tompkins is an American athlete and educator from Bessemer, Alabama. Tompkins led the nation in the 50 yard hurdles indoors and the 400 meter hurdles outdoors in 1979 in high school. He led the nation in the Junior College 400 meter hurdles and ranked among the top 50 U.S hurdlers in 1981,...
, the issue was a simple one: "They said I have to be white and I can't be." Indeed, few cases put affirmative action in as stark a light as does the Jessie Tompkins case. In a state where "whites only" signs
Jim Crow laws
The Jim Crow laws were state and local laws in the United States enacted between 1876 and 1965. They mandated de jure racial segregation in all public facilities, with a supposedly "separate but equal" status for black Americans...
hung over public facilities only a few decades ago, a whites-only scholarship turns history on its head. "It's strange," says Tompkins. "You have a historically black institution giving scholarships to whites to remedy discrimination
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
."
History
Jessie Tompkins v. Alabama State University et al., 97-M-1482-S (N.D. Ala. 1998, herein referred to as ASU) was a suit which Tompkins filed Pro sePro se legal representation in the United States
Pro se legal representation means advocating on one's own behalf before a court, rather than being represented by a lawyer. This may occur in any court proceeding, whether one is the defendant or plaintiff in civil cases, and when one is a defendant in criminal cases. Pro se is a Latin phrase...
.. Tompkins was influenced by Hopwood v. Texas
Hopwood v. Texas
Hopwood v. Texas, 78 F.3d 932 , was the first successful legal challenge to a university's affirmative action policy in student admissions since Regents of the University of California v. Bakke, 438 U.S. 265...
, 78 F.3d 932 (5th Cir. 1996), which was the first successful legal challenge to a university's affirmative action
Affirmative action
Affirmative action refers to policies that take factors including "race, color, religion, gender, sexual orientation or national origin" into consideration in order to benefit an underrepresented group, usually as a means to counter the effects of a history of discrimination.-Origins:The term...
policy in student admissions since Regents of the University of California v. Bakke
Regents of the University of California v. Bakke
Regents of the University of California v. Bakke, was a landmark decision of the Supreme Court of the United States that ruled unconstitutional the admission process of the Medical School at the University of California at Davis, which set aside 16 of the 100 seats for African American...
, 438 U.S. 265 (1978). The Tompkins case was filed in the U.S. District Court for the Middle District of Alabama before Judge Myron Herbert Thompson
Myron Herbert Thompson
Myron Herbert Thompson is a United States federal judge.Born in Tuskegee, Alabama, Thompson received a B.A. from Yale University in 1969 and a J.D. from Yale Law School in 1972. He was an Assistant Attorney General of Alabama from 1972 to 1974, and was then in private practice in Montgomery,...
. Tompkins alleged that he was denied equal protection of the laws under the Fourteenth Amendment to the United States Constitution
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
and the rights guaranteed by 42 U. S. C. Sections 2000d, 1981 and 1983 of the Civil Rights Act
Civil Rights Act of 1964
The Civil Rights Act of 1964 was a landmark piece of legislation in the United States that outlawed major forms of discrimination against African Americans and women, including racial segregation...
to participate in ASU’s All-White Scholarship Program.
The Tompkins litigation
On 1 October 1997, Plaintiffs Jessie Tompkins, Audra Beasley, James W. Scott, and Rodney Smith filed the Tompkins lawsuit on behalf of all non-white individuals similarly situated to Plaintiffs. In the Plaintiff's second amended complaint, the plaintiffs outlined class action grounds to eliminate the scholarship's race requirement. The Plaintiffs presented themselves as non-represented black citizens of the State of AlabamaAlabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
, and thus are members of the class certified in the Knight litigation (see below). Plaintiffs claim that the "other-race" scholarships created at Alabama State pursuant to the Court's 1995 Decree in Knight II violate their rights under the Fourteenth Amendment and 42 U.S.C.A. §§ 1981, 1983, and 2000d. The Plaintiffs named as Defendants the State of Alabama, ASU, the ASU Board of Trustees, and various ASU administrators. The Plaintiffs sought to certify this case as a class action
Class action
In law, a class action, a class suit, or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued...
pursuant to Federal Rules of Civil Procedure
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
, Parts 23(b)(2) and 23(b)(3).
The Knight litigation
The Knight litigation commenced on 15 January 1981, when John F. Knight Jr., and a class of other alumni, students, and faculty members of Alabama State University (ASU) filed suit in the Middle District of Alabama to attack alleged vestiges of segregation in public higher education. The lawsuit was Knight v. Alabama, 900 F. Supp. 272, 280 (N.D. Ala. 1995) ("Knight II").Outcome of Tompkins
In August 2000, the University and Tompkins failed to settle the case. Tompkins rejected the proposed settlement because he believed that it allowed the University to change the language of the scholarship program's literature, without actually altering who would receive scholarships. Although it was not resolved, the case raised pivotal questions: Should publicly funded historically Black universities offer (to other races) scholarships to diversify their institutions? And, will other-race scholarships guide historically Black universities away from their historical mission?External links
- http://www.youtube.com/watch?v=mjmL2bF8kvc&feature=related ASU Protests Jessie Tompkins interview
- http://www.youtube.com/watch?v=mKqaS6E0xb8&feature=related ABC News Interview/ DC Trip Jessie Tompkins
- http://www.youtube.com/watch?v=uy8YIDVe83k NBC News Settlement Interview with Jessie Tompkins
- http://www.youtube.com/watch?v=Hn3ANVpIs1w&feature=related ABC News Settlement Interview with Jessie Tompkins
- http://www.youtube.com/watch?v=tQ_wny8mFo4 Jessie Tompkins NBC News Poll Results
- http://docs.google.com/gview?a=v&q=cache:hbEfpTzaoBUJ:www.cir-usa.org/legal_docs/tompkins_v_alabama_district.pdf+www.cir-usa.org/legal_docs/tompkins_v_alabama_district.pdf&hl=en&gl=us District Court Order
- http://docs.google.com/gview?a=v&q=cache:O-NDo8kmxH8J:www.cir-usa.org/legal_docs/tompkins_v_alabama_cert.pdf+jessie+tompkins+and+cir+legal+briefs&hl=en&gl=us Writ Of Certiorari to U.S. Supreme Court
- http://findarticles.com/p/articles/mi_qa3626/is_200407/ai_n9468078/pg_4/?tag=content;col1, findarticles.com, EVENTS AFTER THE KNIGHT DECISION