Bradas v. Rapides Parish Police Jury

376 F. Supp. 690, 1974 U.S. Dist. LEXIS 8584
CourtDistrict Court, W.D. Louisiana
DecidedMay 10, 1974
DocketCiv. A. No. 19190
StatusPublished
Cited by3 cases

This text of 376 F. Supp. 690 (Bradas v. Rapides Parish Police Jury) is published on Counsel Stack Legal Research, covering District Court, W.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bradas v. Rapides Parish Police Jury, 376 F. Supp. 690, 1974 U.S. Dist. LEXIS 8584 (W.D. La. 1974).

Opinion

NAUMAN S. SCOTT, District Judge:

SUPPLEMENTAL AND AMENDED JUDGMENT

The plan for reapportionment of Rapides Parish was published by our judgment of May 1, 1973 in order to give the greatest possible delay for the accomplishment of mechanical and procedural requirements necessary to the holding of primary elections in the summer of 1974. We now correct certain errors in and assign written reasons for our original judgment.

AMENDMENTS

1) On Appendix B (map), the yellow voting district lines have been shifted in five places. (The former lines are delineated by white hash-marks and labeled respectively I through V). These alterations account for mere graphic corrections on Enumeration District Lines and, consequently, entail no numerical changes in the plan and corresponding population breakdown. (See Appendix A).

2) On Appendix B, a district line was similarly shifted (VI on the map) to correct the splitting of Ed 79. This required numerical adjustments in District F and G in order to eliminate any estimates. Amended Appendix A (infra) reflects these corrections.

3) On Appendix B, changes VII and VIII were made after conference with the Registrar of Voters and in order to assist him and to preserve, where possible, ward boundaries. By placing the district line along the ward boundary, the voters affected will be able to cast all their votes at one time, in one precinct, rather than splitting their voting duties between two precincts whenever State congressional and Parish elections coincide. Amended Appendix A reveals the population changes by this shift in Districts H. and E. The numerical changes are based on an estimate made from counting dwellings in the affected areas.

4) Appendix A is thus amended. (Attached)

FINDINGS OF FACT

The parties were instructed to submit apportionment plans consistent with the principles of Reynolds v. Sims, 377 U.S. 533, 84 S.Ct. 1362, 12 L.Ed.2d 506 (1964) and Zimmer v. McKeithen, 485 F.2d 1297 (5th Cir. 1973). Four plans were submitted, all of which have been found to have been either insufficiently prepared or constitutionally inadequate or both.

The defendants School Board and Police Jury submitted jointly the apportionment plan under which those bodies are presently operating, which was handed down by judgment of this Court in the Civil Action No. 13,715, entitled LeBlanc, et als v. Rapides Parish Police Jury, et als, dated June 5, 1972. The Police Jury made no other offering and neither the Police Jury nor the School Board offered any evidence in support of this plan. There is little question that this plan is violative of the Fifteenth Amendment. It provided for three (3) multi-member districts and one (1) single-member district. Blacks comprise approximately 27.9% of the Parish population, yet no blacks have been elected to either the Police Jury or the School Board under this plan. Furthermore, as stated in our judgment filed previously herein, “Fifteenth [692]*692Amendment rights, though presented, were not sufficiently or adequately presented or adequately considered in the adoption of that plan . . . ”. That judgment is not res judicata of the question presently at issue.

SCHOOL BOARD PLAN

The School Board offered an alternative eighteen (18) single-member plan. A map attached to the plan revealed that Wards One and Eight were divided into ten (10) single-member districts. The remaining eight (8) districts cover the area north of Red River and the rural areas south of the river. Although the ten urban districts were supported by 1970 census figures showing racial breakdowns, no population data of any kind was submitted in support of the eight rural districts. A review of population figures on only a portion of the Parish was absolutely meaningless for either Fourteenth (14) or Fifteenth (15) Amendment purposes. Deviation figures for the entire Parish could not be ascertained. Consequently on April 19, 1974 additional information was requested. The request was not acknowledged and no response was received. Since there was insufficient information to evaluate the plan it was rejected.

SCHOOL BOARD MINORITY PLAN

A minority (8 members) of the School Board submitted an alternate eleven (11) single-member district plan. Attached to the offering was a map showing 6 single-member districts carved out of Wards 1 and 8, but there was no map or information of any kind showing what areas the remaining 5 members would represent. Complimental information was requested; as in the previous instance no response was forthcoming. Since the plan was incomplete and was unsupported by population figures, there was no basis for evaluation and the plan was rejected.

PLAINTIFFS’ PLAN

Plaintiffs submitted a plan calling for eighteen (18) single-member districts. Although the plan was documented and supported by 1970 census figures, the plan exhibited mathematical inaccuracies which rendered the entire plan suspect. For example, the aggregate population of the proposed election districts was significantly smaller than the total population for Rapides Parish. Although the plaintiffs split several enumeration districts no documentary evidence, special census or otherwise, was submitted in support of the population totals assigned each portion of the split districts. These inaccuracies were particularly significant because the plaintiffs’ plan permitted a very high deviation of 10.5%. Although the Supreme Court affirmed the adoption of a reapportionment plan for Rockwell County, New York, which provided for an 11.9 deviation, the peculiar facts present in that case are absent here, Abate v. Mundt, 403 U.S. 182, 91 S.Ct. 1904, 29 L.Ed.2d 399 (1971). Although “mathematical exactness or precision is hardly a workable constitutional requirement”, Reynolds v. Sims, 377 U.S. 533, 577, 84 S.Ct. 1362, 1390, 12 L.Ed.2d 506, 536 (1964), large deviations can be justified only by legitimate state considerations, Swann v. Adams, 385 U.S. 440, 87 S.Ct. 569, 17 L.Ed.2d 501 (1967). The record is devoid of any evidence of State interest requiring or justifying a 10.5% deviation. We find that plaintiffs’ difficulty stemmed from their determination to adhere to 18 separate districts. Although the continuation of the current numerical membership of boards may be desirable in many instances, it is not of such significance as to justify a radical departure from the Reynolds mandate. For these reasons the plaintiffs’ plan was rejected.

NINE SINGLE-MEMBER DISTRICTS

It was therefore necessary that the Court draft a plan of its own. We [693]*693considered several factors to be paramount: (1) adherence to the principle that one man's vote be, as nearly as possible, equal to that of another, (2) protection of Fifteenth Amendment rights, and (3) preservation to every extent possible, of existing ward boundaries in Rapides Parish. We were also conscious of the limitations inherent in Minnesota State Senate v. Beens, 406 U.S. 187, 92 S.Ct. 1477, 32 L.Ed.2d 1 (1973).

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376 F. Supp. 690, 1974 U.S. Dist. LEXIS 8584, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bradas-v-rapides-parish-police-jury-lawd-1974.