Terrebonne Parish NAACP v. Jindal

154 F. Supp. 3d 354, 2015 WL 8346468, 2015 U.S. Dist. LEXIS 164166
CourtDistrict Court, M.D. Louisiana
DecidedDecember 8, 2015
DocketCIVIL ACTION NO. 14-069-JJB-SCR
StatusPublished
Cited by1 cases

This text of 154 F. Supp. 3d 354 (Terrebonne Parish NAACP v. Jindal) is published on Counsel Stack Legal Research, covering District Court, M.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Terrebonne Parish NAACP v. Jindal, 154 F. Supp. 3d 354, 2015 WL 8346468, 2015 U.S. Dist. LEXIS 164166 (M.D. La. 2015).

Opinion

RULING

JUDGE JAMES J. BRADY, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

This matter is before the Court on a Motion to Dismiss Pursuant to Rule 12(b)(1) (Doc, 82) brought by Defendant James D. “Buddy” Caldwell, in his official capacity as Attorney General of the State of Louisiana (“Caldwell”), a Motion to Dismiss Pursuant to 12(b)(1). (Doc. 94) brought by Defendant Bobby Jindal, in his official capacity as Governor of the State of Louisiana, and'a Motion to Dismiss Pursuant to Rule 12(c) (Doc, 85) brought jointly by the defendants. Plaintiffs, the Terre-bonne Parish Branch of the National Association for the Advancement of Colored People, Reverend Vincent Fusilier, Sr., Lionel Myers, Wendell Desmond Shelby, Jr., and Daniel Turner have filed oppositions to the respective motions (Docs. 105, 106, 104). For the reasons stated herein, Caldwell’s and Jindal’s Motions to Dismiss Pursuant to Rule 12(b)(1) (Docs. 82 & 94), and thfe jointly .filed ¡ Motion to Dismiss pursuant to Rule 12(c) (Doc. 85) are DENIED.

I. Background .

This case is a challenge to the use of at-large voting for the 32nd Judicial District Court (“32nd JDC”) to dilute Black voting strength, in violation of Section 2 of the Voting Rights Act of 1965, 52 U.S.C. § 10301, and the Fourteenth and Fifteenth Amendments of the United States Constitution. Compl. 1, Doc. 1. The plaintiffs pray for, inter alia, the following declaratory and injunctive relief: (1) a declaration that Defendants’ at-large method of electing members to the 32nd JDC was adopted and/or maintained with a discrimi[358]*358natory purpose in violation of Section 2 and the Fourteenth and Fifteenth Amendments to the Constitution; (2) a declaration that Defendants’ at-large.method of electing members to the 32nd JDC • has the result of denying or abridging the right to vote on account of race or color in violation of Section 2 and the Fourteenth and. Fifteenth Amendments to the Constitution; and (3) an injunction precluding the defendants, their successors, and agents from enforcing, administering, implementing, or conducting any future elections to the 32nd JDC under the current at-largé method of election. .

The plaintiffs originally brought this action against three, defendants: Piyush “Bobby” Jindal as Governor of the State of Louisiana in his official capacity; James “Buddy” Caldwell as Attorney General of the State of Louisiana in his official capacity; and Tom Schedler as Secretary of State of Louisiana in his official capacity. The plaintiffs voluntarily dismissed Sche-dler with prejudice as a defendant in this action (Doc. 69).

The specific allegations against the Governor-are as follows: .

Defendant Piyush (“Bobby”) Jindal is ' the Governor of Louisiana and is being sued in his official capacity. Under the Louisiana Constitution, he is “the chief executive officer of the state,”' and must "“faithfully-support the constitution and laws of the state and of the United States,” as well as ensure that “the laws ■ are faithfully executed.” La,Const. art. IV, § 5(A). Like other executive officers of the State, Defendant Jindal is re•quired to uphold the U.S. Constitution, ■ including the Fourteenth and Fifteenth Amendments to it, as part of the execution of'his gubernatorial duties and responsibilities. 4 U.S.C. § 101. In his capacity as “chief executive officer of the state,” Defendant Jindal also is empowered to sign legislation into law that would change the electoral method for the 32nd Judicial District. La. Const, art. IV, § 5(A). Defendant Jindal’s role in fashioning a remedy to the instant action is similar to and consistent with former governor Buddy Roemer’s appointment of a legislative task-force on judicial elections to devise a remedy in the Clark v. Edwards, Section 2 litigation discussed infra. 725 F.Supp. 285 .(MJD.La.1988) .... , .

Compl ¶ 17, Doc. 1.

- .The 'allegations contained in the complaint against the Attorney General are as follows: ;

Defendant James Caldwell is Louisiana’s Attorney General and is being sued in his official capacity. As Attorney General, Defendant Caldwell is the “chief legal officer of the state,” charged with asserting or protecting the rights or inter-' ests of Louisiana. La. Const, art. IV, § 8. Like other executive officers of the State, Defendant Caldwell is required to support the U.S. Constitution, including the Fourteenth and Fifteenth Amendments to it, before executing his duties as Attorney General. 4 U.S.C, § 101.

Id. at ¶ 18.

II. Discussion

Caldwell and Jindal bring these Motions to Dismiss (Docs. 82 & 94) pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure. The defendants argue that this Court lacks subject matter jurisdiction over the claims asserted against them because the Eleventh Amendment bars such claims. Additionally, the defendants raise numerous arguments for dismissal in a joint Motion to Dismiss Pursuant to Rule 12(c) (Doc. 85).

[359]*359A. Motions to Dismiss Pursuant to 12(b)(1) (Docs 82 & 94)

Under Federal Rule of Civil Procedure (“Rule”) 12(b)(1), a party may challenge a court’s subject matter jurisdiction at any time. Giles v. NYLCare Health Plans, Inc., 172 F.3d 332, 336 (5th Cir.1999). The party asserting that the court has jurisdiction bears the burden of proving that the court may adjudicate the case. Ramming v. United States, 281 F.3d 158, 161 (5th Cir.2001). In determining whether it has subject matter jurisdiction, the court may look at the complaint alone, the complaint supplemented by undisputed facts in the record, or the complaint supplemented by undisputed facts plus the court’s resolution of disputed facts. Id. A motion under 12(b)(1) should be granted only if it appears certain that the plaintiff cannot prove any set of facts in support of his claim that would entitle him to relief. Home Builders Ass’n of Miss., Inc. v. City of Madison, Miss., 143 F.3d 1006, 1010 (5th Cir.1998); see also Ramming, 281 F.3d at 161.

In their Motions to Dismiss Pursuant to Rule 12(b)(1) (Docs. 82 & 94), both Jindal and Caldwell argue that they are- entitled to sovereign immunity pursuant to the Eleventh Amendment, and therefore this Court lacks subject matter jurisdiction to hear the plaintiffs’ claims under Section 2 of the Voting Rights Act, as well as their constitutional claims under the Fourteenth and Fifteenth Amendments.

The Eleventh Amendment bars suits by private citizens against a non-consenting state in federal court. Hans v. Louisiana,

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Bluebook (online)
154 F. Supp. 3d 354, 2015 WL 8346468, 2015 U.S. Dist. LEXIS 164166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/terrebonne-parish-naacp-v-jindal-lamd-2015.