Sexson v. Servaas

844 F. Supp. 475, 1994 U.S. Dist. LEXIS 1709, 1994 WL 58275
Procedural entryThis page is a short order in Sexson v. Servaas. Read the opinion of the Court — 830 F. Supp. 475
District Court, S.D. Indiana·Decided February 10, 1994·No. No. IP 91-451 C·Published

Opinion

ENTRY

BARKER, Chief Judge.

On January 5, 1994, the Court dismissed this action and remanded the remaining state law claims to the Marion County Superior Court. The Defendants have moved the Court for reconsideration of four aspects of that decision: (1) whether the ease of Voinovich v. Quitter, — U.S. -, 113 S.Ct. 1149, 122 L.Ed.2d 500 (1993) affects the Court’s jurisdiction over state reapportionment claims; (2) whether the Court continues to have removal jurisdiction under 28 U.S.C. § 1443(2); (3) whether the Court’s decision to remand the state claims in this action pursuant to 28 U.S.C. § 1367 was appropriate; and (4) whether the Court’s decision to remand amounts to an abuse of discretion. For the reasons explained below, the Defendants’ motion is granted in part and denied in part.

Recapping once again the procedural history of this case, the Defendants removed this action to federal court, pursuant to 28 U.S.C. § 1443(2), which provision is commonly known as the “refusal clause”. It provides that:

Any of the following civil actions or criminal prosecutions, commenced in a State court may be removed by the defendant to the district court of the United States for the district and division embracing the place wherein it is pending:
(2) For any act under color of authority derived from any law providing for equal rights, or for refusing to do any act on the ground that it would be inconsistent with such law.

28 U.S.C. § 1443(2) (emphasis added). In its Entry on May 3, 1991, the Court upheld the Defendants’ removal, finding that the Defendants “ ‘alleged at least a colorable claim’ ” that their refusal to comply with state apportionment requirements was because those requirements were inconsistent with a law providing for equal rights, to wit, the Voting Rights Act. See Court’s Entry of 5/3/91, at 5, citing, Bridgeport Educ. Ass’n v. Zinner, 415 F.Supp. 715, 722-23 (D.Conn.1976); see also White v. Wellington, 627 F.2d 582, 586 (2nd Cir.1980). Thereafter, by agreement of the parties, the ease was submitted for decision on a written record and the parties’ briefs; no “live” testimony was presented to the Court.

Before the Court could render a final decision in this matter, the United States Supreme Court handed down a decision directing federal courts to refrain “from intervening in state apportionment in the absence of a violation of federal law precisely because it is the domain of the States, and not the federal courts, to conduct apportionment in the first place.” Voinovich v. Quilter, — U.S. -, -, 113 S.Ct. 1149, 1156, 122 L.Ed.2d 500 (1993). There being only state apportionment claims remaining to be adjudicated in this case, it was ordered dismissed for want of federal jurisdiction and remanded to state court.

1. Does Voinovich Affect the Court’s Jurisdiction?

The Defendants contend that Voinovich should “be read to mean only that, in [477]*477the context of a pure Section 2 challenge before a federal court pursuant to its original jurisdiction, the court may not intervene in a state’s reapportionment effort under the authority of Section 2 unless an actual Section 2 violation is proven.” Defendants’ Brief in Support of Motion to Reconsider, at 5 (emphasis in original). The Defendants also urge the Court to differentiate between “a federal district court’s power to intervene for remedial purposes in a state’s reapportionment effort” versus “a federal district court’s ability to consider and resolve claims that are otherwise properly before it (on any basis) for decision.” Id.

Nothing in the Supreme Court’s opinion in Voinovich indicates that its holding should be read so stingily as to limit it to the precise facts presented in that case. The Supreme Court’s statement that apportionment lies within the domain of the States and not the federal courts plainly indicates that federal courts do not stand on equal footing with state institutions when it comes to matters of state apportionment. What the Supreme Court disapproved of in Voinovich was the federal court’s decision to reapportion without first finding a violation of federal law. That this is true is clear from the reason the Court offered for its objection to the district court’s “intervention”; reapportionment conducted outside the auspices of federal law was beyond the court’s authority “precisely because it is the domain of the States, and not the federal courts, to conduct apportionment in the first place.” Voinovich, — U.S. at-, 113 S.Ct. at 1156.

Defendants’ narrow reading of Voinovich and the distinction they assert between the power to “intervene” as opposed to the power to “consider and resolve claims” would effectively nullify the Supreme Court’s justification for its objection to the district court’s actions. The procedural vehicle that carries the federal court into the States’ domain, whether to adjudicate exclusively a state law claim or otherwise, is of no consequence. What matters is that “federal courts ... respect the States’ apportionment choices unless those choices contravene federal requirements.” Id. at -, 113 S.Ct. at 1157. In jurisdictional terms, therefore, the Supreme Court has determined that before federal courts may require or perform state apportionment they must first establish a violation of federal law. Accordingly, while it is true that the Voinovich case was not removed to federal court pursuant to the “refusal clause,” this Court is persuaded that the Supreme Court’s holding nonetheless controls the determination of which courts are empowered to resolve the remaining issues here, issues which deal exclusively with Indiana’s local reapportionment statute. See I.C. 36-3-4-3(a).

2. Does the Court Continue to Have Removal Jurisdiction?

In its Entry of January 5, 1994, the Court noted that the Defendants conceded that Section 2 did not require the City-County Council to draw the couneilmanic boundaries precisely as they are presently configured. Defendants stated that the arrangement of boundaries was one of perhaps several other possible ways to comply with Section 2 requirements, a position from which they do not depart even in their motion to reconsider. That concession, in this Court’s view, constitutes an abandonment of the Defendants’ affirmative defense:

[The Defendants affirmative] defense is “that the districting obligations imposed by I.C. 36 — 3—4—3(a) directly conflict with Defendants’ obligations under Section 2 of the Voting Rights Act, 42 U.S.C. § 1973, and that Plaintiffs’ claims under I.C. 36-3-4-3(a) are therefore specifically preempted by the requirements of federal law.” Answer, at 5. The Defendants now advise the Court that in fact Section 2 does not require

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Sexson v. Servaas, 844 F. Supp. 475, 1994 U.S. Dist. LEXIS 1709, 1994 WL 58275 (S.D. Ind. 1994).

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