Hall v. Holder

117 F.3d 1222, 1997 U.S. App. LEXIS 16798, 1997 WL 370130
CourtCourt of Appeals for the Eleventh Circuit
DecidedJuly 8, 1997
Docket95-8374
StatusPublished
Cited by15 cases

This text of 117 F.3d 1222 (Hall v. Holder) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hall v. Holder, 117 F.3d 1222, 1997 U.S. App. LEXIS 16798, 1997 WL 370130 (11th Cir. 1997).

Opinions

KRAVITCH, Senior Circuit Judge:

Bleckley County, Georgia has had a single-commissioner government since its creation in 1912. In this case, we must decide whether such a system violates the equal protection rights of African-American citizens by diluting their ability to vote. We hold that the governmental structure was neither enacted nor maintained with a discriminatory purpose. Thus, we affirm the district court.

I.

This case has a long procedural history. Several black citizens filed suit in 1985, alleging that Bleckley County’s single-commissioner government diluted their voting strength in violation of section 2 of the Voting Rights Act, 42 U.S.C. § 1973, and the Equal Protection Clause of the Fourteenth Amendment.1 Consequently, they sought a court order creating a multi-member commission, with the members elected from single-member districts.

[1224]*1224The district court ruled that the existing voting scheme satisfied § 2, as interpreted in Thornburg v. Gingles, 478 U.S. 30, 106 S.Ct. 2752, 92 L.Ed.2d 25 (1986). It also held that appellants did not state a constitutional claim, having “failed to provide any evidence that Bleckley County’s single member county commission is the product of original or continued racial animus or discriminatory intent.” Hall v. Holder, 757 F.Supp. 1560, 1571 (M.D.Ga.1991).

A panel of this court reversed. It concluded that the district court’s factual determinations that Bleckley County voting was not racially polarized and that black citizens were not politically cohesive were clearly erroneous. Hall v. Holder, 955 F.2d 1563, 1569-74 (11th Cir.1992). In light of these conclusions and other trial evidence, it held that the single-commissioner government violated § 2, and enjoined further elections for commissioner until the district court fashioned an appropriate remedy. Having decided the statutory issue, the panel bypassed the constitutional question. Id. at 1567 n. 6.

The Supreme Court reversed. A plurality of the Court reasoned that it was impossible to assess dilution in this ease because there was no readily identifiable alternative government to which Bleckley County’s system reasonably could be compared. Holder v. Hall, 512 U.S. 874, 878-82, 114 S.Ct. 2581, 2585-86, 129 L.Ed.2d 687 (1994). In view of the wide range of government sizes in Georgia, the plurality held that “[tjhere is no principled reason why one size should be picked over another as the benchmark for comparison.” Id. at 881, 114 S.Ct. at 2586. The Court remanded to this court for resolution of the constitutional issue, and, in turn, we remanded to the district court to enable it to consider the potential effect on the equal protection issue of the Supreme Court’s decision. The district court reaffirmed its prior order, stating that it saw no reason to “revisit” the equal protection issue, and appellants filed a timely appeal.

Subsequently, several registered Bleckley County voters moved to intervene in the suit; seeking dissolution of the prior injunction barring future elections and requesting that we order a special election. The movants assert that the injunction was issued to help remedy the § 2 violation, but that the Supreme Court’s decision on the § 2 issue mooted the injunction. They further allege that the county has held no elections for commissioner since 1988; the 1992 election was stayed by this court and the 1996 election was not held apparently because the injunction had not been dissolved.

II.

Bleckley County was carved out of Pulaski County in 1912. The racial composition of the county is 22% African-American, 77% white, and 1% other. Since its creation, Bleckley County has been governed by a single commissioner, chosen every four years in an at-large county-wide election. Voting is racially polarized in Bleckley County. Although the district court found insufficient evidence of bloc voting, this court previously concluded that minority candidates’ lack of success and, indeed, lack of candidacy, together with significant non-expert trial evidence that white Bleckley Countians would not vote for a black candidate, supported a finding of racial polarization. See 955 F.2d at 1571 (“The individual and collective experiences of these black leaders reveal that, as a practical political matter, blacks are unable to sponsor candidates for Bleckley County’s sole commissioner office because such candidacies are futile.”).2

According to appellants, the foregoing facts — an overwhelming white majority that votes as a bloc and the single-member nature of the office — combine with the mechanics of the election process and Bleckley County’s past discrimination against black citizens to compel the conclusion that the single-commissioner office was conceived and is retained with a racially invidious purpose. Noting that a constitutional cause of action required proof of an intent to discriminate, Washington v. Davis, 426 U.S. 229, 96 S.Ct. 2040, 48 L.Ed.2d 597 (1976), the district court [1225]*1225found no equal protection violation because there was no direct evidence of intent. 757 F.Supp. at 1569.3

We conclude that the district court circumscribed its review of the trial evidence too narrowly. The kind of proof demanded by the district court is, obviously, the most useful in an equal protection challenge; however, it is rarely the case that those with intent to discriminate will announce their purpose. Consequently, the Supreme Court repeatedly has stressed that intentional discrimination can be inferred from the circumstances surrounding the challenged governmental action, where the facts are sufficiently compelling. See Village of Arlington Heights v. Metropolitan Housing Dev. Corp., 429 U.S. 252, 266, 97 S.Ct. 555, 564, 50 L.Ed.2d 450 (1977) (“Determining whether invidious discriminatory purpose was a motivating factor demands a sensitive inquiry into such circumstantial and direct evidence of intent as may be available.”); Davis at 242, 96 S.Ct. at 2048-49 (“an invidious discriminatory purpose may often be inferred from the totality of the relevant facts, including the fact, if it is true, that the law bears more heavily on one race than another”).4

Voting rights cases are amenable to a circumstantial proof approach. In Rogers v. Lodge, 458 U.S. 613, 102 S.Ct. 3272, 73 L.Ed.2d 1012 (1982), the Supreme Court affirmed the lower courts’ conclusions that Burke County, Georgia’s system of electing its Board of Commissioners at large was maintained with a discriminatory purpose. Even absent direct evidence of intent to dilute minority votes, the Court found that the courts below properly considered the extensive circumstantial evidence of illegal purpose. It specifically endorsed the district court’s consideration of the factors outlined in Zimmer v. McKeithen,

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Bluebook (online)
117 F.3d 1222, 1997 U.S. App. LEXIS 16798, 1997 WL 370130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-holder-ca11-1997.