Rose Johnson v. Robert Hamrick

296 F.3d 1065, 2002 U.S. App. LEXIS 13620, 2002 WL 1446849
CourtCourt of Appeals for the Eleventh Circuit
DecidedJuly 5, 2002
Docket01-14940
StatusPublished
Cited by22 cases

This text of 296 F.3d 1065 (Rose Johnson v. Robert Hamrick) 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
Rose Johnson v. Robert Hamrick, 296 F.3d 1065, 2002 U.S. App. LEXIS 13620, 2002 WL 1446849 (11th Cir. 2002).

Opinion

MARCUS, Circuit Judge:

Plaintiffs Rose Johnson, et al, a group of African-American citizens of Gaines-ville, Georgia, appeal the district court’s judgment in favor of Defendants Robert Hamrick, et al., members of the Gaines-ville City Commission, on the plaintiffs’ civil rights challenge to Gainesville’s at-large method of electing city council members. See Johnson v. Hamrick, 155 F.Supp.2d 1355 (N.D.Ga.2001). This appeal marks the third time that this case has come before us. See Johnson v. Hamrick, No. 94-9203 (11th Cir. Jan. 25, 1996) (unpublished opinion) (“Hamrick II”); Johnson v. Hamrick, 196 F.3d 1216 (11th Cir.1999) (“Hamrick IF). The central question since the beginning of the lawsuit has been whether the plaintiffs can show vote dilution in violation of Section 2 of the Voting Rights Act, 42 U.S.C. § 1973, under the test established by the Supreme Court in Thornburg v. Gingles, 478 U.S. 30, 106 S.Ct. 2752, 92 L.Ed.2d 25 (1986).

In its most recent order, on remand from Hamrick II, the district court em *1070 ployed the Gingles test' and- specifically found that Gainesville’s electoral system does not dilute minority votes. The district court also concluded that the plaintiffs could not show the discriminatory intent necessary to support their claim that Gainesville’s system violates the Fourteenth and Fifteenth Amendments of the United States Constitution. On appeal, the plaintiffs do not pursue their constitutional claim, but contend that the district court erred in finding no Section 2 violation under Gingles. After thorough review, we conclude that the district court did not clearly err in finding no vote dilution, and we therefore affirm.

I.

The City of Gainesville, Georgia is governed by a city council comprised of five members. Each member resides in one of the city’s five geographically designated wards, which serve as electoral districts. Although an individual must reside in a ward in order to occupy that ward’s council seat, voting is conducted on an at-large basis, meaning that all registered voters in the city can vote for every council seat. The office of the mayor rotates,among the city council members and is not filled directly by popular election. Administratively, the city is run by a manager who is appointed by and serves at the pleasure of the city council.

Figures from the 1990 census show that Gainesville had a total population of 17,885, 23.5 percent of which was African-American and 68.8 percent of which was white. Other racial groups comprised 8 percent of the population. Of the city’s 13,575 voting-age residents in 1990, 20.24 percent were African-American and 74.42 percent were white. By 2000, Gainesville’s population had grown to 25,578. According to the 2000 census, only 15.7 percent of the city’s residents are African-American, while 65.2 percent are white and 19.1 percent identify with another racial group. Census results show that 14.2 percent of Gainesville’s voting-age residents are African-American, while 69.5 percent are white. Currently, one of Gainesville’s five city council members, Myrtle Figueras of Ward 3, is African-American. Ward 3 has been represented by an African-American council member since 1978.

This lawsuit began its long life in 1991, when the plaintiffs filed a claim alleging that Gainesville’s at-large electoral system violates Section 2 and the Fourteenth and Fifteenth Amendments by diluting minority voting power. Since that time, the district court has issued three separate opinions and this Court has considered two appeals. Throughout the litigation, the plaintiffs have sought to show the four factors essential to proving a claim of vote dilution. As discussed in more detail infra, these factors are (1) a sufficiently compact and numerous minority community, (2) the existence of minority political cohesion or bloc voting, (3) majority bloc voting, and (4) that the totality of the circumstances indicates vote dilution. See Gingles, 478 U.S. at 49-51, 79,106 S.Ct.'at 2765-67, 2781.

The district court issued its first decision in 1994, when it held that the plaintiffs had not satisfied the third prong of Gingles because they were unable to demonstrate that the white majority in Gaines-ville voted as a bloc to defeat the African-American minority’s preferred candidates. Specifically, the district court found that candidates preferred by , African-Americans had achieved considerable success in the eight city council, or “endogenous,” elections reviewed, as well as in various “exogenous” elections, in which Gainesville citizens voted for county, state, and national officials. The district court did not address the constitutional claims in its 1994 *1071 order. After the plaintiffs appealed, however, this Court remanded the matter for consideration of the constitutional questions. See Hamrick I.

On remand, the district court reopened the case to receive evidence regarding elections that had taken place since the 1994 order. Based on the new evidence, in 1998 the district court reversed its earlier determination and concluded that the plaintiffs had indeed proven a Section 2 violation under the Gingles test. Taking the recent elections into account, the court found that the white preferred candidate had prevailed over the African-American candidate of choice in five of nine endogenous elections between 1990 and 1998. The district court explained that white voters were able to elect the candidate of their choice in all eight of the elections in which they had expressed a preference, while African-American voters were able to do so in only three campaigns. In addition to holding that the three-part Gingles test had been satisfied, the district court concluded that the totality of the circumstances weighed in favor of finding a Section 2 violation. Finally, the district court rejected the defendants’ argument that Section 2 was unconstitutional.

In Hamrick II, this Court vacated the district court’s 1998 order, concluding that the district court had made “insufficient findings” to allow proper review of the defendants’ arguments. Stating that it lacked “a sufficiently detailed explanation of the district court’s basis for weighing the elections” under the third prong of Gingles, id. at 1222-23, the panel questioned the basis for the district court’s conclusion that the two races consistently preferred different candidates merely because they did so in five of nine endogenous elections. As a result, this Court remanded the case to the district court for “additional and more specific findings of fact and conclusions of law.” Id. at 1224.

On remand, the district court reopened its evidentiary inquiry in order to comply with the Gingles

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Bluebook (online)
296 F.3d 1065, 2002 U.S. App. LEXIS 13620, 2002 WL 1446849, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rose-johnson-v-robert-hamrick-ca11-2002.