United States v. Dallas County Commission

850 F.2d 1433
Court of Appeals for the Eleventh Circuit·Decided July 13, 1988·No. No. 87-7766·Published·Cited by 16 cases

Opinions

HATCHETT, Circuit Judge:

In this vote dilution suit, the United States appeals from a final judgment imposing a court-ordered election plan for the Dallas County Board of Education (School Board) (Alabama). The final judgment followed the district court’s finding that the School Board’s at-large electoral system impermissibly diluted black voting strength, in violation of section 2 et seq. of the Voting Rights Act of 1965, 42 U.S.C. § 1973 et seq., as amended. Because we find that the district court’s remedial plan is insufficient to cure the violation, we reverse.

BACKGROUND

Dallas County is located in south-central Alabama and ranks eleventh in size of Alabama counties. Much of the county’s population resides in Selma, the county’s major municipality. According to the 1980 census, the county had a population of approximately 50,000 residents. Black persons comprised approximately 55-percent of the total population, 49-percent of the voting age population, and 44.8-percent of the registered voters. The most recent voter registration statistics in the record (1984) indicate that 37,232 persons were reg[1435]*1435istered, of whom 18,043 were black (48.46-percent), and 19,189 (51.54-percent) were white.

The members of the Dallas County Board of Education are elected pursuant to Chapter 8 of Title XVI of the 1975 Code of Alabama and other laws of the state of Alabama generally governing elections. Under an option of Alabama Code § 16-8-1, the School Board is comprised of five members who are elected at-large from numbered posts for six-year staggered terms. See Ala.Code §§ 16-8-1 and 16-8-2.

Although the Dallas County Public School System, which encompasses all of Dallas County outside the city of Selma, has a predominantly black pupil enrollment, no black candidate has defeated a white candidate for a position on the School Board since Reconstruction. As found by the district court, black persons in the county are on average both economically and culturally less advanced than white persons, and have suffered intentional, subtle, and pervasive discrimination through legal and economic means.

The United States commenced this vote dilution suit ten years ago in October, 1978, alleging that the at-large method of electing officials to the Dallas County Commission (County Commission) and Dallas County Board of Education (School Board) im-permissibly diluted black voting strength in violation of section 2 of the Voting Rights Act of 1965, 42 U.S.C. § 1973, as amended, and the fourteenth and fifteenth amendments. As to the School Board, the government contended that Alabama Code § 16-8-1, which provides for at-large school board elections in thirty-five Alabama counties, including Dallas, had been unconstitutionally applied.

The case was originally tried in 1979 and 1980 under the standards articulated by the former Fifth Circuit in Zimmer v. McKeithen, 485 F.2d 1297 (5th Cir.1973) (in banc), affd on other grounds sub nom. East Carroll Parish School Board v. Marshall, 424 U.S. 636, 96 S.Ct. 1083, 47 L.Ed. 2d 296 (1976). At the close of the government’s evidence, the School Board moved for an involuntary dismissal pursuant to Fed.R.Civ.P. 41(b). This motion was still pending when the Supreme Court rendered its decision in Mobile v. Bolden, 446 U.S. 55, 100 S.Ct. 1490, 64 L.Ed.2d 47 (1980).

In Bolden, a majority of the Court extended the discriminatory intent requirement for fourteenth amendment equal protection violations under Washington v. Davis, 426 U.S. 229, 96 S.Ct. 2040, 48 L.Ed. 2d 597 (1976) and its progeny, to challenges under the Voting Rights Act. After receiving briefs from the parties on the impact of Bolden, the district court dismissed the School Board from the suit on July 31, 1981.1 The court did not, however, enter final judgment on the merits until September 3,1982. At that time, the district court entered judgment for the School Board and against the United States. United States v. Dallas County Commission, 548 F.Supp. 794 (S.D.Ala.1982).

On appeal, we affirmed in part, vacated in part, reversed in part, and remanded for further proceedings. See United States v. Dallas County Commission, 739 F.2d 1529 (11th Cir.1984). We held that the district court was clearly erroneous in finding that racial polarization in voting was not a significant factor in the consistent defeat of black candidates. Dallas County, 739 F.2d at 1536. We also held that the district court was clearly erroneous in ruling that the requirement that candidates run from numbered posts did not militate in favor of a finding of dilution. Dallas [1436]*1436County, 739 F.2d at 1537. Consequently, we reversed and remanded for further consideration. Dallas County, 739 F.2d at 1537.

On remand, the district court granted the School Board’s motion for severance from the Commission portion of the case. The government then moved for a preliminary injunction against primary elections scheduled for June, 1986 for both the Commission and the School Board. The district court denied the motion, reasoning that our 1984 decision “left undisturbed the critical [findings of [f]act and [conclusions of [l]aw ... of th[e] [district] court’s determination that judgment on the merits should be rendered in favor of the School Board.” 2

The government appealed. On appeal, we held that although we affirmed the district court’s decision as to the constitutionality of section 16-8-1, our 1984 decision “did not affirm the 1982 judgment entered by the district court with respect to § 2 of the Voting Rights Act as it pertains to the School Board.” United States v. Dallas County Commission, 791 F.2d 831, 832 (11th Cir.1986). Accordingly, we again reversed and remanded with directions that the district court grant the government’s motion for a preliminary injunction against the upcoming School Board elections. Dallas County, 791 F.2d at 833.

Shortly after our decision directing the court to enjoin the School Board elections, the district court entered judgment in favor of the United States and against the County Commission defendants, declaring the at-large method of electing members to the Commission violative of section 2 of the Voting Rights Act. United States v. Dallas County Commission, 636 F.Supp. 704 (S.D.Ala.1986).3

Thereafter, on September 29, 1986, the district court conducted a post-remand evi-dentiary hearing regarding the School Board.

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United States v. Dallas County Commission, 850 F.2d 1433 (11th Cir. 1988).

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