Attorney Notes 1695-1696

    PRESS RELEASE ® ) 

NAACP LEGAL DEFENSE AND EDUCATIONAL FUND 
TOCOLUMBUS CIRCLE + NEW YORK19,N.Y. © JUdson 6-8397 
DR. ALLAN KNIGHT CHALMERS JACK GREENBERG CONSTANCE BAKER MOTLEY President Director-Counsel Associate Counsel 

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U. OF ALABAMA SUIT FILED 
ON BEHALF OF THREE NEGRO PLAINTIFFS 

April 15, 1963 

NEW YORK -- NAACP Legal Defense Fund attorneys today filed suit against 

the University of Alabama in Tuscaloosa on behalf of three Negro 

plaintiffs. 

The suit was filed in the Federal District Court for the Northern 

District of Alabama in Birmingham by attorney Fred Gray of Montgomery, 

Ala. 

The University of Alabama was previously sued by Legal Defense 

Fund attorneys in 1956 for Negro student Autherine Lucy. Miss Lucy's 

admittance was ordered by the Federal District Court, but after a 

period of rioting, she was expelled for allegedly making derogatory 

statements about University officials. She never attended classes at 

the University. 

Today's action is the first on behalf of Negro students to enter 

the University since the Lucy case in 1956. It completes legal efforts 

by Negro students to gain entrance to state universities in Mississippi 

South Carolina and Alabama. 

The three plaintiffs are Vivian J. Malone, 20, a resident of 

Mobile, Ala., a junior at Alabama A, & M, College; Sandy English, 21, 

of Birmingham, Ala., a freshman at Stillman College in Tuscaloosa, 

Ala.; and Jimmy A. Hood, 20, of East Gadsden, Ala., a sophomore at 

Clark College in Atlanta, Ga, All “are students in good standing in 

the collegesof their present enrollment and are eligible for transfer 

to the undergraduate schools of the University of Alabama" according 

to the complaint. 

The complaint alleges that in November, 1962 the three Negro 

students applied for transfer to the University of Alabama for the 

February 1963 term. On November 30, 1962, they were informed by the 

Dean of Admissions that they could not be admitted for the spring 

semester "due to the pressures of enrollment,’ but their applications 

would be considered for a "subsequent semester." 



U, of Alabama Suit-page 2 

A second letter was sent to the Dean of Admissions by the three 

students in February 1963, inquiring about the status of their appli- 

cations. The Dean wrote Miss Malone and Mr. English that he could 

take no action until he received grades from their present (Spring 

1963) semester of schooling. Mr. Hood has received no reply. 

The complaint alleges that the handling of these applications by 

the Dean, Hubert E. Mate, was based on racial discrimination, that 

"white students similarly situated who have applied have been admitted 

or advised of conditional admission." 

Dean Mate is cited as defendant. The complaint asks the court to 

enjoin him from refusing to consider the applications of Negro students 

on the same basis as those of white applicants and “from continuing to 

pursue the policy, practice, custom and usage of limiting admissions 

to the University of Alabama to white persons." 

The suit further alleges that a policy of racial segregation by 

the University is in violation of the injunction in the Lucy ease and 

asks the court to enjoin Dean Mate for this additional reason. 

Jimmy Hood, the suit states, wishes to begin study at the 

University in June 1963. Vivian Malone and Sandy English desire to 

enter the University in September 1963. 

NAACP Legal Defense Fund attorneys for the Negro plaintiffs are 

Fred Gray of Montgomery, Ala., Jack Greenberg, Constance Baker Motley 

and Leroy D. Clark of New York City. 

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