Ferguson v. Winn Parish Police Jury

528 F.2d 592
CourtCourt of Appeals for the Fifth Circuit
DecidedMarch 10, 1976
DocketNo. 74-3408
StatusPublished
Cited by15 cases

This text of 528 F.2d 592 (Ferguson v. Winn Parish Police Jury) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ferguson v. Winn Parish Police Jury, 528 F.2d 592 (5th Cir. 1976).

Opinion

MORGAN, Circuit Judge:

Plaintiff appeals from a district court approved plan of reapportionment for the Winn Parish School Board and Winn Parish Police Jury. Plaintiff argues that the apportionment of the School Board violates the “one man-one vote” maxim of Reynolds v. Sims, 377 U.S. 533, 84 S.Ct. 1362, 12 L.Ed.2d 506 (1964), and progeny in that the total variation between the highest represented and lowest represented district is 37.71%. Plaintiff also contends that the apportionment plan of the Police Jury, which utilizes both single and multi-member districts, results in a dilution of black votes in violation of the Fifteenth Amendment. In addition, plaintiff argues that the award of $500 attorney’s fees was excessively low.

I. School Board

Plaintiff below, attacked a 1970 court ordered apportionment of the School Board.1 That plan called for five election districts, with District 1 electing five at-large members, District 2 electing two at-large members with no more than one member from any one of the three wards constituting District 2, and Districts 3, 4, and 5 electing one member each for a total school board membership of ten persons. The district court, below, held that this 1970 plan did not offend Fourteenth Amendment “one man-one vote” requirements, but did violate the Fifteenth Amendment in its apportionment of District 1 into a five-person, multi-member district. Accordingly, the court approved a plan adopted by the school board that called for ten election districts, with District 1 divided into five single-member districts, with three other single-member districts, and with two voting districts combined to elect two members at-large.2

Plaintiff argues that the population variation of 37.71% between the most over-represented and the most underrepresented district is too great to withstand constitutional scrutiny. We agree. While mathematical exactitude is not required in state and local reapportionment plans, Reynolds v. Sims, supra, and while small variations from the ideal are insufficient to establish invidious discrimination, Gaffney v. Cummings, 412 U.S. 735, 93 S.Ct. 2321, 37 L.Ed.2d 298 (1973), a deviation of 37.71% is certainly beyond the de minimus range. In Swann v. Adams, 385 U.S. 440, 87 S.Ct. 569, 17 L.Ed.2d 501 (1967), the Supreme Court reversed a Florida legislative reapportionment plan that provided for a total variation from the ideal of 25% in the state senate and of 33% in the state house, basing its reversal on failure of the state or of the district court to articulate acceptable reasons for these substantial variations. Id. at 443-^44, 87 S.Ct. 569. Likewise, in Whitcomb v. Chavis, 403 U.S. 124, 91 S.Ct. 1858, 29 L.Ed.2d 363 (1971), the Court reversed a plan allowing total variations of 28% and 25% in each house of the Indiana legislature. Finally, in Kilgarlin v. Hill, 386 U.S. 120, 87 S.Ct. 820, 17 L.Ed.2d 771, reh. den., 386 U.S. 999, 87 S.Ct. 1300, 18 L.Ed.2d 352 (1967), the Court disapproved a 26% variation, noting that it was unsure that any policy considerations could justify such variations, although it did not have to reach that question since the plan did not achieve announced policy objectives.

In the present case, the district court did not articulate any reasons for allowing such a large variation among voting’districts. The defendants now argue that such deviations are required to [595]*595achieve their objective of restricting school board election districts to traditional school attendance zones; that is, only voters within high school district 1 would vote for a school board member in the corresponding election district. Besides the fact that the approved plan does not even achieve this goal,3 we have recently held that such an objective cannot justify these significant variations. Panior v. Iberville Parish School Board, 498 F.2d 1232 (5th Cir. 1974). In Panior, the district court had approved a plan that created four school board election districts to conform to four high school sub-systems and that resulted in a 37.45% total variation among school board election districts. In reversing, we held:

The Board acts as a unit. The Board as a whole has the responsibility for operating all of the schools. The Board’s function and responsibility is not decentralized into the four segments. Granted that it is both understandable and permissible that election lines may be drawn to take into account centers of interest, this cannot justify deviations approaching those here for an election to an operative body which has to act as a unit. .
Each voter is, therefore, entitled, so far as practicable, to an equal voice in the ultimate responsibility for such action whether the brick and mortar are to go to East Bank or to Metropolitan Plaquemine. Whether any set of conceivable circumstances could justify a situation such as this where two voters in two districts all but equal three voters in two others, we simply hold this case falls far short of that mark. Id. at 1236. (Emphasis added.)

Accordingly, we reverse and remand that portion of the judgment setting up school board election districts and direct the district court to establish or approve a plan resulting in acceptable total variations in population among school board districts.

II. Police Jury

In the 1970 apportionment plan, the Police Jury was divided into two voting districts — districts A and B — with six representatives allotted to each district for a total Police Jury membership of twelve.4 The district court, below, holding that the apportionment of Ward A into a six multi-member district offended the requirements of the Fifteenth Amendment, adopted a plan proposed by the Police Jury that called for a ten member Police Jury with District A divided into five single-member districts (election districts one-five) and with District B maintained as a five person multi-member district (election districts six-ten).5 Plaintiffs challenge the retention of this “at-large” system of representation in Districts Six — Ten on Fifteenth Amendment grounds.6

It is difficult for us to determine from plaintiff’s brief, whether plaintiff argues that multi-member districts are per se unconstitutional or argues that the maintenance of District B (6-10) as a multi-member district unconstitutionally dilutes black votes. Certainly, multimember election districts are not per se unconstitutional. Kilgarlin v. Hill, 386 U.S. 120, 87 S.Ct. 820, 17 L.Ed.2d 771 (1967); Burns v. Richardson, 384 U.S. 73, 86 S.Ct. 1286, 16 L.Ed.2d 376 (1966); Fortson v. Dorsey,

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528 F.2d 592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ferguson-v-winn-parish-police-jury-ca5-1976.