page_title: Tompkins v. Alabama State University
section_title: The Tompkins litigation
hierarchical_section_title: Tompkins v. Alabama State University / History / The Tompkins litigation
context_page_description: Tompkins v. Alabama State University, 15 F. Supp. 2d 1160, 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 applicants who had been rejected for the 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 Tompkins, the issue was a simple one: "They said I have to be white and I can't be." "It's strange," says Tompkins. "You have a historically black institution giving scholarships to whites to remedy discrimination."
context_section_description: On October 1, 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. The plaintiffs were influenced by Hopwood v. Texas, 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.
  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 Alabama, and thus are members of the class certified in the Knight litigation. 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 to the United States Constitution and the rights guaranteed by 42 U. S. C. Sections  2000d, 1981 and 1983 of the Civil Rights Act. 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).
  On May 1, 1998, Judge Harold Lloyd Murphy dismissed the Thompson case without prejudice, holding that Tompkins should be permitted to intervene in the ongoing Knight litigation rather than pursue a separate claim. The Eleventh Circuit summarily affirmed Judge Murphy's decision, and the Supreme Court denied certiorari.
caption: White-Only Scholarship Brochure used by ASU to recruit white student only. The university awarded 40% of its budget for academic grants to whites.
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