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Case Name Hammock v. City of Auburn EE-AL-0104
Docket / Court 87-V-680-E ( M.D. Ala. )
State/Territory Alabama
Case Type(s) Equal Employment
Case Summary
In July 1987, a class of past, present, and future employees of the City of Auburn, Alabama, filed a putative class-action lawsuit against the City and its officials in the U.S. District Court for the Middle District of Alabama. The plaintiff alleged a continuing pattern and practice of ... read more >
In July 1987, a class of past, present, and future employees of the City of Auburn, Alabama, filed a putative class-action lawsuit against the City and its officials in the U.S. District Court for the Middle District of Alabama. The plaintiff alleged a continuing pattern and practice of discrimination arising from the City Fire Chief's policy of favoritism within the fire department, as well as discrimination tacitly approved by the other defendants. The plaintiffs claimed they had been deprived of equal protection and due process rights at the whim of the Fire Chief, which violated the First and Fourteenth Amendments and of 42 U.S.C. § 1983.

The complaint alleged these violations were manifested through denials of access to public records, denial of access to the courts, unfair promotion practices, denial of merit pay increases, denial of overtime pay and sick pay, denial of equal access to schools and seminars, and denial of the opportunity to fully benefit from the State's retirement system. An important subset of allegations stated the racial discrimination claims of a subclass of black plaintiffs pursuant to the Fourteenth Amendment. 953 F.2d 1355 (11th Cir. 1992).

The case docket only starts with entry #278 and information before that is limited, so this summary focuses on events happened after February 1991.

On February 15, 1991, Judge Robert E. Varner approved a Settlement Agreement from November 1990 and directed all the parties to implement the terms of conditions of the class settlement. On August 20, 1992, Judge Varner dismissed the petition for attorney’s fees and closed the case.

However, in September 1993, the defendant filed a motion for instructions for lack of jurisdiction by this court, so the case was reopened as of September 20, 1993. On October 27, 1993, Judge Varner denied this motion for instructions and closed the case on the same day.

Sichun Liu - 01/13/2020


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Discrimination-area
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Promotion
Discrimination-basis
Race discrimination
General
Disparate Treatment
Records Disclosure
Plaintiff Type
Private Plaintiff
Race
Black
Causes of Action 42 U.S.C. § 1983
Defendant(s) City of Auburn
Plaintiff Description Past, present and future employees of the City of Auburn, Alabama.
Class action status sought Yes
Class action status granted Yes
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Unknown
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1993 - n/a
Filed 1987
Case Closing Year 1993
Case Ongoing No
Additional Resources
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Docket(s)
3:87­cv­680  (M.D. Ala.)
EE-AL-0104-9000.pdf | Detail
Date: 10/27/1993
Source: PACER [Public Access to Court Electronic Records]
General Documents
Opinion (953 F.2d 1355)
EE-AL-0104-0001.pdf | WESTLAW| LEXIS | Detail
Date: 02/19/1992
Source: Westlaw
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Judges Edmondson, James Larry (Eleventh Circuit) show/hide docs
EE-AL-0104-0001
Varner, Robert Edward (M.D. Ala.) show/hide docs
EE-AL-0104-9000
Plaintiff's Lawyers Biggers, Deborah Hill (Alabama) show/hide docs
EE-AL-0104-9000
Glassroth, Steve (Alabama) show/hide docs
EE-AL-0104-9000
Perry, T. Dudley (Alabama) show/hide docs
EE-AL-0104-9000
Defendant's Lawyers Bush, Russell K. (Alabama) show/hide docs
EE-AL-0104-9000
Meadows, Robert Turner III (Alabama) show/hide docs
EE-AL-0104-9000
Umbach, Arnold William Jr. (Alabama) show/hide docs
EE-AL-0104-9000

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