Michael Clark v. Putnam County

293 F.3d 1261, 2002 U.S. App. LEXIS 10992, 2002 WL 1274045
CourtCourt of Appeals for the Eleventh Circuit
DecidedJune 10, 2002
Docket01-10859
StatusPublished
Cited by17 cases

This text of 293 F.3d 1261 (Michael Clark v. Putnam County) 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
Michael Clark v. Putnam County, 293 F.3d 1261, 2002 U.S. App. LEXIS 10992, 2002 WL 1274045 (11th Cir. 2002).

Opinions

HILL, Circuit Judge:

This action challenges the constitutionality of two electoral districts in Putnam County, Georgia. Appellants claim that these two districts were racially gerrymandered in violation of the Equal Protection Clause of the United States Constitution. After a bench trial, the district court granted judgment to Putnam County. This appeal followed.

I.

In 1981, the United States District Court for the Middle District of Georgia invalidated at-large elections in Putnam County, Georgia (the “County”), concluding that this electoral system had been created and maintained with the invidious discriminatory purpose of limiting black voters’ meaningful participation in the electoral process in violation of their Fourteenth and Fifteenth Amendment rights under the United States Constitution. Bailey v. Vining, 514 F.Supp. 452, 463 (M.D.Ga.1981). The court ordered the creation of four electoral districts,1 with Districts 1 and 2 to be remedial majority-minority districts.2 District 1 was constructed to have a black voting age population of 73.47%; District 2 to have 54.84% black voters.3

Over the next decade, however, the black population of Putnam County declined from over 40%, to just under 34%.4 This was attributable in large part to a substantial influx of white residents, largely into District 4.5 The 1990 census revealed that, as a result of these population shifts, the County’s four electoral districts had become seriously malapportioned. There was an overall deviation from equal district population of almost 75%.6 All [1264]*1264concerned realized that the county’s electoral districts would have to be reapportioned to satisfy the constitutional requirement of “one-person, one-vote.” Reynolds v. Sims, 377 U.S. 533, 84 S.Ct. 1362, 12 L.Ed.2d 506 (1964); Gray v. Sanders, 372 U.S. 368, 381, 83 S.Ct. 801, 9 L.Ed.2d 821 (1963); Hadley v. Junior College-Dist., 397 U.S. 50, 56-57, 90 S.Ct. 791, 25 L.Ed.2d 45 (1970) (extending Reynolds to school board districts); Avery v. Midland County, 390 U.S. 474, 481-85; 88 S.Ct. 1114, 20 L.Ed.2d 45 (1968) (county commissioner districts).7

The County hired Christopher Coates to assist it in the reapportionment process. He had represented the plaintiffs suing the County in Bailey v. Vining, which resulted in the court-ordered, remedial redistricting of 1981. Coates, along with the County, consulted with Linda Meggers of the Georgia Reapportionment Services Office in Atlanta, an office established by the legislature to provide technical assistance to local governments engaged in redistricting. It was Ms. Meggers who, at the direction of the County, actually produced the 1992 plan.

The plan was approved by a majority vote of the County’s Board of Commissioners, and, pursuant to the Georgia Constitution, was presented to the legislature for its approval. Regrettably, the legislature followed a course not unfamiliar to those observing state action in matters of this sort. In short, the legislature walked away from the issue; defaulted its responsibility to deal with Georgia election matters; and failed to take any action on the 1992 reapportionment plan.8 The County, through Coates, took the plan to the district judge who, in Bailey v. Vining, had ordered the 1982 redistricting. The County asked the court to amend its 1981 judgment by adopting the 1992 plan.9 Although the Bailey case had long been closed, the district court agreed and ordered the implementation of the new plan on an “interim” basis, until the Georgia legislature could adopt a constitutionally satisfactory reapportionment plan. Once the plan was enacted, however, no further efforts for legislative approval were undertaken.10

The County did submit the plan to the Department of Justice (the “DOJ”) for its approval. Section 5 of the Voting Rights Act prohibits the County from instituting any changes in its electoral laws until they have been “precleared” with the DOJ.11 42 [1265]*1265U.S.C. § 1973c (1994). To obtain preclearance, a covered jurisdiction12 must convince the DOJ that the electoral change was not adopted for the purpose of discriminating against protected minorities, nor will have that effect. The DOJ approved the plan, and the County implemented it.

After this court-ordered redistricting,13 both of the County’s majority-minority districts were maintained and each had approximately 60% black voting age population, despite the significant decline in the overall black population of the county.14 Furthermore, over 90 % of the county’s black population was assigned to these two districts. The County conducted its elections under this “interim” plan for ten years.15

In 1997, plaintiff-voters filed this action challenging the 1992 plan. Plaintiffs allege that the County unconstitutionally racially gerrymandered its electoral districts in 1992, by purposefully maximizing the black voter population in Districts 1 and 2.

The district court rejected this claim, holding that race did not predominate over traditional districting concerns in the construction of the 1992 reapportionment plan. Furthermore, the court held that, even if race did predominate in the construction of the 1992 plan, the challenged districts were narrowly tailored to meet the compelling state interest of remedying black vote dilution created by racial bloc voting. The court entered a judgment for the County.

[1266]*1266“[Ijntentional discrimination is a finding of fact.” Anderson v. Bessemer City, 470 U.S. 564, 573, 105 S.Ct. 1504, 84 L.Ed.2d 518 (1985). Accordingly, we review the district court’s ultimate finding that race did not predominate in the reapportionment process for clear error. Easley v. Cromartie, 532 U.S. 234, 121 S.Ct. 1452, 149 L.Ed.2d 430 (2001). We must affirm the district court’s finding unless we are “left with the definite and firm conviction that a mistake has been committed.” Anderson, 470 U.S. at 573, 105 S.Ct. 1504. We review de novo the district court’s conclusion of law that the 1992 plan serves a compelling state interest. NAACP v. Duval County Sch. Bd., 273 F.3d 960 (2001).

II.

The central mandate of the Equal Protection Clause of the United States Constitution is “racial neutrality in governmental decision making.” Miller v. Johnson, 515 U.S. 900, 904, 115 S.Ct. 2475, 132 L.Ed.2d 762 (1995). Racial classifications are antithetical to the Fourteenth Amendment, whose “central purpose” was “to eliminate racial discrimination emanating from official sources in the States.” McLaughlin v. Florida,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Perez v. Abbott
253 F. Supp. 3d 864 (W.D. Texas, 2017)
Harris v. McCrory
159 F. Supp. 3d 600 (M.D. North Carolina, 2016)
Navajo Nation v. San Juan County
150 F. Supp. 3d 1253 (D. Utah, 2015)
In re Senate Joint Resolution of Legislative Apportionment 1176
83 So. 3d 597 (Supreme Court of Florida, 2012)
Meza v. Galvin
322 F. Supp. 2d 52 (D. Massachusetts, 2004)
Larios v. Cox
314 F. Supp. 2d 1357 (N.D. Georgia, 2004)
Rodriguez v. Pataki
308 F. Supp. 2d 346 (S.D. New York, 2004)
Black Political Task Force v. Galvin
300 F. Supp. 2d 291 (D. Massachusetts, 2004)
Session v. Perry
298 F. Supp. 2d 451 (E.D. Texas, 2004)
Martinez v. Bush
234 F. Supp. 2d 1275 (S.D. Florida, 2002)
Petit v. City of Chicago
239 F. Supp. 2d 761 (N.D. Illinois, 2002)
Michael Clark v. Putnam County
293 F.3d 1261 (Eleventh Circuit, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
293 F.3d 1261, 2002 U.S. App. LEXIS 10992, 2002 WL 1274045, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-clark-v-putnam-county-ca11-2002.