Bridgeport Coalition for Fair Representation v. City of Bridgeport

26 F.3d 271, 1994 WL 247075
CourtCourt of Appeals for the Second Circuit
DecidedMarch 25, 1994
DocketNo. 1592, Docket 93-9254
StatusPublished
Cited by19 cases

This text of 26 F.3d 271 (Bridgeport Coalition for Fair Representation v. City of Bridgeport) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bridgeport Coalition for Fair Representation v. City of Bridgeport, 26 F.3d 271, 1994 WL 247075 (2d Cir. 1994).

Opinion

SPROUSE, Senior Circuit Judge:

The City of Bridgeport, Connecticut, appeals the district court’s grant of a preliminary injunction prohibiting it from conducting city elections under its 1993 reapportionment plan. The court found that the plaintiffs, a coalition of minority rights advocates, were likely to succeed on their claim that the City violated section 2 of the Voting Rights Act1 by diluting minority voting opportunities in reapportioning its City Council electoral districts on May 27, 1993. Its order required the City to adopt a redistricting plan designed to achieve balanced voting rights. Shortly after arguments in this court, we issued an order affirming in part, modifying in part, and remanding for modification with respect to the dates of compliance 26 F.3d 280.2 We now set forth our rationale.

I

The population of Bridgeport is divided mostly among three racial groups. According to 1990 census data, approximately 45.6% of its citizens are white Caucasians, 25.2% black or African-American, and 26.5% citizens from a Latino or Hispanic heritage.3 The voting age population, although divided somewhat differently, of course, follows the same pattern. Of persons 18 years old and over, 52.3% are white, 22.8% are black, and 22.4% are Hispanic.4

The City is and historically has been divided into ten Council districts, each electing two members of the City Council. To implement its decennial redistricting as required by Connecticut law, the City Council in 1993 formed a Redistricting Advisory Committee (“RAC”), which consisted of seven City Council members. The RAC received suggestions from concerned citizens but relied principally on the advice and recommendations of two retained experts, Professor Kurt Schlichting of Fairfield University, an expert on demographics and census figures, and Linda Johnson, a Voting Rights Act consultant. The plan proposed by the RAC continued a division into ten districts but changed the configurations so that one district would be populated by a majority of black citizens, one would be composed of a majority of Latino citizens, two would contain a majority of black and Latino citizens combined, and the remaining six districts5 would consist of a majority of white voters. Prior to the reapportionment, only one district had contained a majority of minority voters. After holding numerous committee meetings and additional public hearings, the City Council adopted the RAC’s proposed redistricting plan on May 27, 1993.6

The Bridgeport Coalition for Fair Representation, the NAACP, and others (collectively “the Coalition”) presented testimony in both the RAC and City Council public hearings. The Coalition objected to the plan ultimately adopted by the City Council and proposed an alternative. Its position throughout this litigation has been that the City Council could and should have created two black majority districts, two Hispanic majority districts, and one combined black/Latino majority district.

Failing to persuade the City Council, the Coalition on July 26, 1993, filed suit in feder[273]*273al district court against the City and members of the City government for preliminary and permanent injunctions against all future elections under the plan adopted by the City Council. It asked that the City be required to adopt the alternative plan designed and submitted by the Coalition. After seven days of evidentiary hearings, the district court found that the Coalition was likely to succeed on the merits of its vote dilution claim and would be irreparably harmed by any further infringement of their fundamental right to vote. It refused, however, to enjoin the upcoming municipal election because it was scheduled to occur only five days after the order. It also declined to impose the plan offered by the Coalition or to mandate specific fine drawing. Instead, the district court ordered the City Council to establish a new system of districts. Although left the responsibility for drawing the boundaries, the City was required to design a plan which would include two majority black districts, two majority Hispanic districts, and one majority combined district. The plan was to be drawn within 60 days of the preliminary injunction order, and the City was instructed to hold an election under the new districting scheme within 120 days of the order. On December 28, 1993, we granted a stay pending the City’s appeal. We have now heard the parties and affirm the district court’s issuance of the preliminary order but remand with instructions to modify.

II

As a threshold matter, we are met with the parties’ disagreement over the standards that govern our review. Bridgeport first contends that we should exercise plenary review of the district court’s finding of dilution because all relevant facts are plainly discernable from the record on appeal. It cites Canadian Transp. Co. v. Irving Trust Co., 548 F.2d 53, 55 (2d Cir.1977) (Where “a reviewing court can discern enough solid facts from the record to enable it to render a decision, it may proceed to review, as if de novo.”) (internal quotation omitted). The Coalition points out persuasively, however, that the court’s reasoning in Canadian Transport Co. does not survive Anderson v. Bessemer City, 470 U.S. 564, 105 S.Ct. 1504, 84 L.Ed.2d 518 (1985). In Anderson, the Court said:

To be sure, various Courts of Appeal have on occasion asserted that an appellate court may exercise de novo review over findings not based on credibility determinations. See, e.g., Orvis v. Higgins, 180 F.2d 537 (CA2 1950); Lydle v. United States, 635 F.2d 763, 765 n. 1 (CA6 1981); Swanson v. Baker Industries, Inc., 615 F.2d 479, 483 (CA8 1980). This theory has an impressive genealogy, having first been articulated in an opinion written by Judge Frank and subscribed to by Judge Augustus Hand, see Orvis v. Higgins, supra, but it is impossible to trace the theory’s lineage back to the text of Rule 52(a) which states straightforwardly that “findings of fact shall not be set aside unless clearly erroneous.”

Anderson, 470 U.S. at 574, 105 S.Ct. at 1512. If Anderson left any question, there can be no doubt after Thornburg v. Gingles, 478 U.S. 30, 106 S.Ct. 2752, 92 L.Ed.2d 25 (1986), about the standard for reviewing a finding of vote dilution. The Gingles Court stated, ‘We reaffirm our view that the elearly-erro-neous test of Rule 52(a) is the appropriate standard for appellate review of a finding of vote dilution.” Id. at 79, 106 S.Ct. at 2781.

Bridgeport also urges that the district court’s decision to grant a preliminary injunction is not entitled to review based on the traditional “abuse of discretion” standard. To support its reasoning, it relies on Donovan v. Bierwirth,

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Bluebook (online)
26 F.3d 271, 1994 WL 247075, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bridgeport-coalition-for-fair-representation-v-city-of-bridgeport-ca2-1994.