Baird v. Consolidated City of Indianapolis

830 F. Supp. 1183, 127 A.L.R. Fed. 583, 1993 U.S. Dist. LEXIS 11867, 1993 WL 326122
CourtDistrict Court, S.D. Indiana
DecidedJune 25, 1993
DocketNo. IP 87-111 C
StatusPublished
Cited by2 cases

This text of 830 F. Supp. 1183 (Baird v. Consolidated City of Indianapolis) is published on Counsel Stack Legal Research, covering District Court, S.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baird v. Consolidated City of Indianapolis, 830 F. Supp. 1183, 127 A.L.R. Fed. 583, 1993 U.S. Dist. LEXIS 11867, 1993 WL 326122 (S.D. Ind. 1993).

Opinion

ENTRY

BARKER, District Judge.

This matter comes before the court on the plaintiffs’ Second Motion to Award Interim Costs, Expenses, and Reasonable Attorney Fees.

I. Background

The plaintiffs filed a complaint in 1987 claiming that the City of Indianapolis 1982 General Ordinance governing the election of City-Council members (General Ordinance 128) was unlawful under the Fourteenth and Fifteenth Amendments to the United States Constitution, Article I, Section 23 and Article II, Section 1 of the Indiana Constitution, and Ind.Code § 36-3-4-3. In 1989, the plaintiffs amended their complaint, adding the claim that the 1982 ordinance violated the Voting Rights Act, 42 U.S.C. § 1973.1 In its Amended Complaint, the plaintiffs sought the following relief:

[T]hat the Court enter judgment declaring General Ordinance 128, 1982 and the election of four at-large members of the City-County Council be declared [sic] unconstitutional ... and that the ordinance is therefore null and void,

(a) Enjoining the Defendants, their agents and successors in office, and all persons acting in concert with them, from administering, implementing, enforcing, or conducting any election under the provisions of the ordinance;
(b) Ordering the Defendants to devise new City County Council districts which meet the requirements of Federal and State law. If the defendants fail to devise such a plan the Court should order a redistricting plan into effect, [sic]
(c) Declaring that the present scheme of electing the four-at-large City County Councilors is unconstitutional and violates the Voting Rights Act.

The plaintiffs did not request monetary relief.

On September 25, 1990, the parties entered into the Joint Stipulation and Consent Decree for the stated reason 2of “desiring to avoid the necessity and uncertainty of a trial____” That consent decree provided (in part):

1. Indiana Statute does not require the Indianapolis-Marion County City-County Council (hereinafter Council) to redistrict until 1992.
2. The parties agree that a redistricting will occur before, it is required by statute and before the next election for the Council.
* ( # * * # #
5. The 1991 redistricting of the Council will be based on the 1990 U.S. Census data in a manner which results in districts which are comply with all pertinent state [1185]*1185statutes and do not violate the United States Voting Rights Act, 42 U.S.C. [sic] 1973(a) et seq. The Defendants agree that the new districts will abide by commonly recognized standards for redistricting including: a) [sic] non-dilution of minority voting strength; 2) contiguity; 3) compactness; and 4) respect for the principle of one person, one vote.
6. The Council will be given the opportunity to abolish, or change the manner of voting for, the four (4) at-large seats on the Council.
‡ >J< ‡ jjc # #
10. Plaintiffs, along with any other interested persons or parties, shall have the right to submit their own proposed redistricting plan to the Council for its consideration.
11. Plaintiffs, along with any other interested persons or parties, shall have the right to submit their own proposed ordinance with regard to abolishing, or changing the manner of voting for, the four (4) at-large seats on the Council.
18. Before any council redistricting ordinance or ordinance abolishing, or changing the manner of voting for, the four (4) at-large seats on the Council is finally enacted by the City-County Council it shall be submitted to this Court for review and approval after a public hearing.
22. The Court, [after the parties have submitted redistricting plans], will approve an accelerated time schedule, if necessary, to allow any redistricting plans and proposed ordinances with regard to abolishing, or changing the manner of voting for, the four (4) at-large seats on the Council to be reviewed by the Plaintiffs in a meaningful manner before any Council redistricting ordinance is approved for final adoption by the Council and also to allow the primary election to be held at a postponed date as provided herein.
23. Plaintiffs shall present any new challenge to the redistricting ordinance or ordinance abolishing, or changing the .manner of voting for, the four (4) at-large seats on the Council by way of an amended complaint in this action.
24. The parties may use any and all discovery and other pleadings, including all exhibits, filed in this cause, just if these documents had been filed in this cause in 1991....
25. Plaintiffs specifically reserve the right to petition this Court for an award of attorneys fees and costs related to this action as provided for in the Voting Rights Act.

Joint Stipulation and Consent Decree, Approved September 25,1990 (strikeout in original). In sum, as described by the defendants, “In the Joint Stipulation, the Plaintiffs agreed to dismiss the claims contained in their original and amended complaints, and the Defendants in turn agreed to redraw the Council districts a year earlier than required by state statute based on the 1990 Census and conduct the 1991 Council election using these new districts.” .

Five months later, the parties established a schedule for determining whether or not this litigation would be continued. In its Pre-Trial Entry and Order of February 25, 1991, the Court approved the parties’ agreed litigation schedule and authorized the defendants to redistrict in 1991, based on the 1990 Census data, finding Ind.Code §§ 36-3-4-3, 3-11-1.5-32, 1-1-3.5, and 3-10-1-3 to be superseded.

The Council considered various redistrictirig proposals, conducted the appropriate hearings, and finally adopted a proposal that created seven African-American single member districts with African-American population majorities of 60-61%. Thus ended the first stage of this litigation.

The second stage of this case began when the plaintiffs filed a second Amended Complaint challenging the at-large provisions of the new 1991 ordinance and a Motion for a Preliminary Injunction. The Court conducted a hearing on the motion and determined that the plaintiffs had failed to demonstrate a likelihood of success on the merits of their second Amended Complaint. Consequently, the Court denied plaintiffs’ request for a preliminary injunction. One month later, the [1186]*1186Court granted defendants’ motion for summary judgment and dismissed the second Amended Complaint. The plaintiffs appealed that decision to the Seventh Circuit Court of Appeals, where the summary judgment was affirmed. The plaintiffs thereafter petitioned for certiorari

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830 F. Supp. 1183, 127 A.L.R. Fed. 583, 1993 U.S. Dist. LEXIS 11867, 1993 WL 326122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baird-v-consolidated-city-of-indianapolis-insd-1993.