Solomon v. Liberty County Commissioners

166 F.3d 1135, 1999 U.S. App. LEXIS 1443
CourtCourt of Appeals for the Eleventh Circuit
DecidedFebruary 3, 1999
Docket97-2540
StatusPublished

This text of 166 F.3d 1135 (Solomon v. Liberty County Commissioners) 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
Solomon v. Liberty County Commissioners, 166 F.3d 1135, 1999 U.S. App. LEXIS 1443 (11th Cir. 1999).

Opinions

HATCHETT, Chief Judge:

Appellants Gregory Solomon and two other black registered voters of Liberty County, Florida, appeal the district court’s judgment that the county’s at-large system of electing its commissioners and school board members does not run afoul of section 2 of the Voting Rights Act of 1965, as amended, 42 U.S.C. § 1973 (1994). Finding clear error, in part because of the court’s reliance on the electoral success of a black candidate during the pendency of this litigation, we reverse and remand for the implementation of a remedy.

I. PROCEDURAL HISTORY

This lawsuit began in 1985 in the United States District Court for the Northern District of Florida. Appellants sued Liberty County’s Commission, School Board, and commissioners and members in their official capacities (collectively appellees), alleging that at-large elections unlawfully diluted minority voting strength, in violation of section 2 of the Voting Rights Act, 42 U.S.C. § 1973.1 In March 1986, the district court conducted a five-day bench trial and, a year later, entered final judgment in favor of ap-pellees. See Solomon v. Liberty County, Fla., Nos. 85-7009-MMP, 85-7010-MMP (N.D.Fla. May 4,1987) (unpublished).

On appeal, a panel of this court vacated and remanded for further findings of fact. Solomon v. Liberty County, Fla., 865 F.2d 1566 (11th Cir.1988) (Solomon I), vacated, 873 F.2d 248 (11th Cir.1989). In April 1990, the court reheard the case en banc. Solomon v. Liberty County, Fla., 899 F.2d 1012 (11th Cir.1990) (en banc) (Solomon II), cert. denied, 498 U.S. 1023, 111 S.Ct. 670, 112 L.Ed.2d 663 (1991). Unanimously vacating and remanding for further proceedings, the court held that contrary to the district court’s judgment, appellants satisfied the three factors set forth in Thornburg v. Gingles, 478 U.S. 30, 106 S.Ct. 2752, 92 L.Ed.2d 25 (1986), “as a matter of law[.]” Solomon II, 899 F.2d at 1013 (per curiam).

The court, however, divided five-five concerning the significance of that holding. See Solomon II, 899 F.2d at 1013-21 (Kravitch, J., specially concurring), 1021-37 (Tjoflat, C.J., specially concurring). According to five judges, appellants established section 2 violations and deserved a remedy. See Solomon II, 899 F.2d at 1021 (Kravitch, J., specially concurring). The other five judges, however, reaffirmed the prior panel’s opinion that further findings of fact were warranted. See Solomon II, 899 F.2d at 1021, 1037 (Tjoflat, C.J., specially concurring). Unable to create a majority opinion, the en banc court simply instructed the district court “to proceed in accordance with Gingles, giving due consideration to the views expressed in Chief Judge Tjoflat’s and Judge Kravitch’s specially concurring opinions.” Solomon II, 899 F.2d at 1013 (per curiam).

On remand, the district court granted ap-pellees’ motion to supplement the record and conducted a half-day trial. Based on the evidence it admitted in the first and second trials and two judicially noticed facts, the district court again found that Liberty County’s at-large elections do not violate section 2 and entered final judgment in favor of appel-lees. See Solomon v. Liberty County, Fla., 957 F.Supp. 1522 (N.D.Fla.1997) (Solomon III).

II. BACKGROUND

Liberty County is located in northwest Florida. It is especially rural; the Apalachicola National Forest encompasses much of [1139]*1139its 836 square miles. As Florida’s least densely-populated county, it averages seven persons per square mile. Liberty County’s population totals only 5,569.2 Of Liberty County’s 5,569 residents, 982- — or 17.63 percent — are black.3 The county’s total voting-age population (that is, persons over the age of 18) is 3,320, of whom 831' — or 25.03 percent — are black.

Residents vote at one of eight precincts.4 Candidate seat-wise, however, five equally populous residential districts divide Liberty County. “To a great extent, the county is ... racially segregated.” Solomon III, 957 F.Supp. at 1558. Approximately 90 percent of its black population lives in “residential district 1,” which corresponds somewhat to voting precincts 1 and 2.5 Of residential district l’s 640 registered voters in 1991, blacks comprise 295 — or 46.09 percent. Although “significant socio-economic disparities” exist between Liberty County’s white.and black residents, substantially all of its voters are Democrats. Solomon III, 957 F.Supp. at 1559.

Liberty County’s Commission and School Board each consists of five members who serve staggered four-year terms. Candidates run for numbered seats that correspond to their residential district. Voters elect candidates at-large, that is, the entire county electorate votes for one candidate from each residential district. To become their party’s nominee, candidates must receive a majority (that is, greater than 50 percent) of the county-wide vote. If no candidate receives a majority in the first primary election, the county conducts a second (or run-off) primary election. To win the general election, candidates must obtain a plurality (that is, more than their opponents) of the county-wide vote. Because most candidates in Liberty County are Democrats, voters usually decide races during the primary elections.

Prior to the commencement of this case, four black candidates unsuccessfully ran for county-wide office. “Black candidates for seats on the school board included Charles Berrium in 1968, and Earl Jennings in 1980 and 1984. In 1984, Gregory Solomon ran for a seat on the county commission.” Solomon III, 957 F.Supp. at 1557. Six months after 1990’s en banc mandate, however, Jennings won the residential district 1 seat on the county commission, defeating a white opponent in the primary and a white Republican incumbent in the general election. In 1992, voters reelected Jennings in the run-off primary over three white opponents, two of whom failed to make it past the first primary. In 1996, two black candidates and one white candidate challenged Jennings, but he again prevailed, in the ruri-off primary election. According to the record, Jennings is the only black candidate that Liberty County voters have elected to public office.

III. DISTRICT COURT’S FINDINGS OF FACT

In its memorandum opinion, the district court rendered findings of fact that favored both appellants and appellees before it ultimately found no vote dilution. As to findings of fact that favored appellants, the district court first recognized the unanimous en banc holding that appellants had proved the three Cingles

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Bluebook (online)
166 F.3d 1135, 1999 U.S. App. LEXIS 1443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/solomon-v-liberty-county-commissioners-ca11-1999.