Little Rock School District v. Pulaski County Special School District, 1

56 F.3d 904, 1995 WL 329272
CourtCourt of Appeals for the Eighth Circuit
DecidedJune 5, 1995
DocketNos. 93-3469EA, 93-3594EA
StatusPublished
Cited by3 cases

This text of 56 F.3d 904 (Little Rock School District v. Pulaski County Special School District, 1) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Little Rock School District v. Pulaski County Special School District, 1, 56 F.3d 904, 1995 WL 329272 (8th Cir. 1995).

Opinion

RICHARD S. ARNOLD, Chief Judge.

Two appeals1 involving the Little Rock School District (LRSD) are consolidated for our review. In the first case, African-American voters2 appeal the District Court’s3 order dismissing their claim under the Voting Rights Act of 1965, § 2, as amended, 42 U.S.C. § 1973, against LRSD. In the second case, the Joshua Intervenors appeal the District Court’s August 10, 1994, order granting LRSD’s motion to close Ish Incentive School. We affirm in both cases.

I.

We review first Charles’s claim that the LRSD’s election-zone plan adopted by the Pulaski County Board of Education (PCBE) and approved by the District Court violates the Voting Rights Act. He alleges that the approved plan denies African-American voters within the LRSD equal opportunity to participate in the electoral process and to elect representatives of their choice. More specifically, he insists that the plan dilutes the vote of African-American residents of the LRSD because those residents are numerous and compact enough to justify the creation of three single-member zones in which they would be in the majority,4 instead of the two zones provided for in the adopted plan.5

In 1986, a plan was adopted containing seven single-member zones for election of members of the LRSD school board. Two of the zones were majority-minority zones.6 In July of 1992, Charles filed this complaint alleging that the 1986 plan should be revised on the basis of the 1990 census. Four rezoning plans were prepared and presented at a public meeting. The Pulaski County Board of Education (PCBE), the responsible body under Arkansas law, selected alternative four.7 Under alternative four, Zone Two is a majority-minority zone, and Zone One is a supermajority zone (65% or more minority population).

[909]*909On February 16, 1993, PCBE submitted the plan to the District Court for approval. Charles filed objections alleging that the plan violated § 2 of the Voting Rights Act. Following a trial, the District Court approved the plan adopted by the PCBE and dismissed Charles’s complaint. The Charles plaintiffs bring this appeal.

On several occasions we have reviewed challenges brought under the Voting Rights Act to Arkansas’s electoral practices. On each of these occasions we have set forth the requirements for establishing a violation of § 2 of the Voting Rights Act, and proceeded mindful of the fact that “equal political opportunity [is] the focus of the enquiry.” Johnson v. De Grandy, — U.S. -, -, 114 S.Ct. 2647, 2658, 129 L.Ed.2d 775 (1994). We do so once again in this case.

Section 2 of the Voting Rights Act of 1965, as amended in 1982, provides:

(a) No voting qualification or prerequisite to voting or standard, practice, or procedure shall be imposed or applied by any State or political subdivision in a manner which results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color, or in contravention of the guarantees set forth in section 1973b(f)(2) of this title, as provided in subsection (b) of this section.
(b) A violation of subsection (a) of this section is established if, based on the totality of the circumstances, it is shown that the political processes leading to nomination or election in the State or political subdivision are not equally open to participation by members of a class of citizens protected by subsection (a) of this section in that its members have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice. The extent to which members of a protected class have been elected to office in the State or political subdivision is one circumstance which may be considered: Provided, That nothing in this section establishes a right to have members of a protected class elected in numbers equal to their proportion in the population.

42 U.S.C. § 1973. The leading case interpreting the statute is Thornburg v. Gingles, 478 U.S. 30, 106 S.Ct. 2752, 92 L.Ed.2d 25 (1986). In Gingles, the Supreme Court identified three necessary preconditions which must be established to maintain an action under § 2: (1) the minority group is sufficiently large and geographically compact to constitute a majority in one or more single-member districts; (2) the minority group is politically cohesive; and (3) the majority votes sufficiently as a block to enable it usually to defeat the minority’s preferred candidate. Id. at 50-51, 106 S.Ct. at 2766.

Once the plaintiff has established the three preconditions, a court must look to “the totality of the circumstances” to determine whether minority voters have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice. Seven additional factors should be considered at this stage of the case:

1. the extent of any history of official discrimination in the state or political subdivision that touched the right of the members of the minority group to register, to vote, or otherwise to participate in the democratic process;
2. the extent to which voting in the elections of the state or political subdivision is racially polarized;
3. the extent to which the state or political subdivision has used unusually large election districts, majority vote requirements, anti-single shot provisions, or other voting practices or procedures that may enhance the opportunity for discrimination against the minority group;
4. if there is a candidate slating process, whether the members of the minority group have been denied access to that process;
5. the extent to which members of the minority group in the state or political [910]*910subdivision bear the effects of discrimination in such areas as education, employment and health, which hinder their ability to participate effectively in the political process;
6. whether political campaigns have been characterized by overt or subtle racial appeals;
7. the extent to which members of the minority group have been elected to public office in the jurisdiction.

S.Rep. No. 417, 97th Cong., 2d Sess. 28-30 (1982), reprinted in 1982 U.S.Code Cong, and Admin.News 177, 206-07.

Additional factors that in some cases have had probative value as a part of the plaintiffs’ evidence are:

1. whether there is a significant lack of responsiveness on the part of elected officials to the particularized needs of the members of the minority group;
2. whether the policy underlying the state or political subdivision’s use of such voting qualification, prerequisite to voting, or standard, practice or procedure is tenuous.

Id. at 30, 1982 U.S. Code Cong, and Admin. News at 207.

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141 F.3d 699 (Seventh Circuit, 1998)
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141 F.3d 699 (Seventh Circuit, 1998)
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Kaplan Janet Pulliam and John Bilheimer, Movants, Office of Desegregation Monitor, Parent's Plan Horace A. Walker P.A. Hollingsworth and Kenneth G. Torrence, Movants, Dale Charles Robert L. Brown, Sr. Gwen Hevey Jackson Diane Davis and Raymond Frazier, Pulaski County Board of Education, O.G. Jacovelli, Individually and as President of the Board of Education of the Little Rock School District Patricia Gee, Individually and in Her Official Capacity as a Member of the Board of Education of the Little Rock School District, a Public Body Dr. George Cannon, Individually and in His Official Capacity as a Member of the Board of Education of the Little Rock School District, a Public Body John Moore, Individually and in His Official Capacity as a Member of the Board of Education of the Little Rock School District, a Public Body Dorsey Jackson, Individually and in His Official Capacity as a Member of the Board of Education of the Little Rock School District, a Public Body Dr. Katherine Mitchell, Individually and in Her Official Capacity as a Member of the Board of Education of the Little Rock School District, a Public Body W.D. Hamilton, Individually and in His Official Capacity as a Member of the Board of Education of the Little Rock School District, a Public Body Cecil Bailey, Individually and in His Official Capacity as a Member of the Pulaski County Board of Education, a Public Corporate Thomas Broughton, Individually and in His Official Capacity as a Member of the Pulaski County Board of Education, a Public Corporate and Dr. Martin Zoldessy, Individually and in His Official Capacity as a Member of the Pulaski County Board of Education, a Public Corporate, Little Rock School District, Anne Mitchell Bob Moore Pat Gee Pat Rayburn Mary J. Gage North Little Rock Classroom Teachers Association Pulaski Association of Classroom Teachers Little Rock Classroom Teachers Association Alexa Armstrong Karlos Armstrong Ed Bullington Khayyam Davis Janice Dent John Harrison Alvin Hudson Tatia Hudson and Milton Jackson, Intervenors, Lorene Joshua Leslie Joshua Stacy Joshua and Wayne Joshua, Intervenors/appellants, Katherine Knight Sara Matthews Becky McKinney Derrick Miles Janice Miles John M. Miles Naacp Joyce Person Brian Taylor Hilton Taylor Parsha Hilton Robert Willingham and Tonya Willingham, Intervenors v. Pulaski County Special School District, 1 and North Little Rock School District, Leon Barnes Sheryl Dunn Mac Faulkner Richard A. Giddings Marianne Gosser Don Hindman Shirley Lowery Bob Lyon George A. McCrary Bob Moore Steve Morley Buddy Raines David Sain Dale Ward John Ward Judy Wear and Grainger Williams, Philip E. Kaplan Janet Pulliam and John Bilheimer, Movants, Office of Desegregation Monitor, Parent's Plan Horace A. Walker P.A. Hollingsworth and Kenneth G. Torrence, Movants, Dale Charles Robert L. Brown, Sr. Gwen Hevey Jackson Diane Davis and Raymond Frazier, Pulaski County Board of Education, O.G. Jacovelli, Individually and as President of the Board of Education of the Little Rock School District Patricia Gee, Individually and in Her Official Capacity as a Member of the Board of Education of the Little Rock School District, a Public Body Dr. George Cannon, Individually and in His Official Capacity as a Member of the Board of Education of the Little Rock School District, a Public Body John Moore, Individually and in His Official Capacity as a Member of the Board of Education of the Little Rock School District, a Public Body Dorsey Jackson, Individually and in His Official Capacity as a Member of the Board of Education of the Little Rock School District, a Public Body Dr. Katherine Mitchell, Individually and in Her Official Capacity as a Member of the Board of Education of the Little Rock School District, a Public Body W.D. Hamilton, Individually and in His Official Capacity as a Member of the Board of Education of the Little Rock School District, a Public Body Cecil Bailey, Individually and in His Official Capacity as a Member of the Pulaski County Board of Education, a Public Corporate Thomas Broughton, Individually and in His Official Capacity as a Member of the Pulaski County Board of Education, a Public Corporate and Dr. Martin Zoldessy, Individually and in His Official Capacity as a Member of the Pulaski County Board of Education, a Public Corporate
56 F.3d 904 (Eighth Circuit, 1995)

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Bluebook (online)
56 F.3d 904, 1995 WL 329272, Counsel Stack Legal Research, https://law.counselstack.com/opinion/little-rock-school-district-v-pulaski-county-special-school-district-1-ca8-1995.