Pearl Cottier v. City of Martin

445 F.3d 1113, 2006 WL 1193028
CourtCourt of Appeals for the Eighth Circuit
DecidedMay 5, 2006
Docket05-1895
StatusPublished
Cited by5 cases

This text of 445 F.3d 1113 (Pearl Cottier v. City of Martin) 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
Pearl Cottier v. City of Martin, 445 F.3d 1113, 2006 WL 1193028 (8th Cir. 2006).

Opinions

HEANEY, Circuit Judge.

Martin, South Dakota is a city of 1,078 people located adjacent to the Pine Ridge and Rosebud Indian Reservations. The city is divided into three, dual member wards, each of which elects its two aider-men every two years in staggered terms. Native-Americans make up nearly 45% of the total population and 36% of the voting-age population. Only twice since 1984 has an Indian-preferred candidate been elected alderman. In each case, their election was uncontested.

The American Civil Liberties Union brought an action on behalf of two Native Americans in district court, challenging the 2002, 2003, and 2004 elections. The complaint alleged that the city wards were configured in a manner that intentionally and effectively diluted the voting strength of Native-Americans and kept Indian-preferred aldermen candidates from being elected, contrary to the provisions of the Voting Rights Act of 1965 and the Fourteenth and Fifteenth Amendments to the United States Constitution. The district court denied relief, concluding that the white majority did not usually vote in a way to defeat the Indian-preferred candidate. We disagree and remand the matter to the district court to complete the analysis required by the United States Supreme Court pursuant to section 2 of the Voting Rights Act1 as construed by Thornberg v. Gingles, 478 U.S. 30, 49-50, 106 S.Ct. 2752, 92 L.Ed.2d 25 (1986). If the district court then finds in favor of the plaintiffs, it shall develop a plan under which Native-Americans will have a reasonable opportunity to elect an Indian-preferred candidate.

BACKGROUND

For more than a decade Martin has been the focus of racial tension between Native-Americans and whites. In the mid-1990’s, protests were held to end a racially offensive homecoming tradition that depicted Native-Americans in a demeaning, stereotypical fashion. Concurrently, the United States Justice Department sued and later entered into a consent decree with the local bank requiring an end, to “redlining” loan practices and poli[1116]*1116cies that adversely affected Native-Americans, and censuring the bank because it did not employ any Native-Americans. Most recently, resolution specialists from the Justice Department attempted to mediate an end to claims of racial discrimination by the local sheriff against Native-Americans.

With these conflicts as a background, Martin redrew the city’s wards because population shifts had rendered the existing boundaries obsolete. After the new wards were drawn and published as Ordinance 121, attorneys for a Native-American public interest group alleged the new boundaries violated the one-person, one-vote principle, see Reynolds v. Sims, 377 U.S. 533, 562-63, 84 S.Ct. 1362, 12 L.Ed.2d 506 (1964), and that the boundaries violated section 2 of the Voting Rights Act.

In March 2002, new districts were drawn to address the one-person, one-vote violation. After review by the South Dakota Attorney General’s office, the city council adopted the new ward boundaries and implemented them under Ordinance 122.2 After a failed attempt under South Dakota law to refer the ordinance to a voter referendum, see South Dakota Codified Laws § 9-20-6, plaintiffs initially brought suit alleging Ordinance 121 violated the Equal Protection Clause of the Fourteenth Amendment. The district court dismissed the complaint as moot because that ordinance had been repealed by Ordinance 122, but the court also granted plaintiffs motion to supplement its complaint to include the allegations currently pending before this court.

In March 2005, the district court entered a final judgment disposing of all of the parties’ claims. It found that although the plaintiffs met the first two conditions of Gingles, the plaintiffs failed to prove, by a preponderance of the evidence, the third Gingles precondition. As a result, the district court concluded the plaintiffs could not prevail in their vote dilution claim. Additionally, the court concluded that, since there was not sufficient evidence to prove a vote-dilution or “effects” claim, the plaintiffs also could not prove that the city of Martin adopted and maintained Ordinance 122 for a discriminatory purpose.

ANALYSIS

“The district court’s findings regarding the factual context ... are reviewed for clear error.” Harvell v. Blytheville Sch. Dist., 71 F.3d 1382, 1386 (8th Cir.1995) (en banc). Legal conclusions, “ ‘including those that may infect a so-called mixed finding of law and fact, or a finding of fact that is predicated on a misunderstanding of the governing rule of law,’ are subject to [de novo] review.” Id. (quoting Gingles, 478 U.S. at 79, 106 S.Ct. 2752).

“The essence of a § 2 claim is that a certain electoral law, practice, or structure interacts with social and historical conditions to cause an inequality in the opportunities enjoyed by black and white voters to elect their preferred candidates.” Gingles, 478 U.S. at 47, 106 S.Ct. 2752. Section 2 of the Voting Rights Act provides that a denial of the right to vote occurs when:

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 par[1117]*1117ticipate in the political process and to elect representatives of their choice.

42 U.S.C. § 1973(b).

The Supreme Court in Gingles established three preconditions to establishing a section 2 claim:

1) that the minority group is large enough and geographically compact enough that it would be a majority in a single-member district; 2) that the minority group is politically cohesive [in the sense that its members vote in a similar fashion]; and 3) that the white majority votes sufficiently as a bloc to enable it, in the absence of special circumstances, [to] usually ... defeat the minority’s preferred candidate.

Harvell, 71 F.3d at 1385 (citing Gingles, 478 U.S. at 50-51, 106 S.Ct. 2752). If the three Gingles preconditions are met, the court then considers the totality of the circumstances. Id. at 1390. Failure to establish all three preconditions defeats a section 2 claim. Clay v. Bd. of Educ., 90 F.3d 1357, 1362 (8th Cir.1996)

The district court found that the plaintiffs met the first two, but failed to meet the third, Gingles preconditions. We agree with the district court that the plaintiffs fulfilled the first two preconditions. As to the third precondition, we hold the plaintiffs proved by a preponderance of the evidence that the white majority votes as a bloc to usually defeat Indian-preferred candidates.

To establish the first Gingles precondition, a plaintiff must demonstrate a proper and workable remedy exists. Stabler v. County of Thurston, 129 F.3d 1015, 1025 (8th Cir.1997).

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Related

Cottier v. City of Martin
604 F.3d 553 (Eighth Circuit, 2010)
Cottier v. City of Martin
475 F. Supp. 2d 932 (D. South Dakota, 2007)

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Bluebook (online)
445 F.3d 1113, 2006 WL 1193028, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pearl-cottier-v-city-of-martin-ca8-2006.