Order Tentatively Approving Compromise and Requiring Notice to the Class; Notice of Proposed Settlement

    IN THE UNITED STATES DISTRICT COURT FOR THE = 
MIDDLE DISTRICT OF ALABMA FILED 

NORTHERN DIVISION 

MAR 2 4 1986 

  

. Tn na 
JOHN DILLARD, et al., ) a TOMAS C CAYER PED: 

Plaintiffs, ) BIFUTY Clepp TT 

vs. ) CA NO. 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, ) 

et al., 

Defendants. ) 

ORDER TENTATIVELY APPROVING COMPROMISE 

AND REQUIRING NOTICE TO THE CLASS 

At a conference in chambers on March 24, 1986 ; 

counsel for all of the parties informed the Court that they had 

reached a final compromise and settlement of this action and 

sought this Court's tentative approval of its terms. Under the 

terms of the proposed settlement the parties have agreed to the 

entry of an injunction requiring that elections for the Crenshaw 

County Commission be conducted from single-member districts while 

allowing the incumbents to serve their full terms of office. 

Pursuant £0 23(b)(2), F.R.C.P., the Court certifies the 

plaintiffs as representatives of the class of all black citizens 

of Crenshaw County. 

 



  

The Court is of the opinion that the proposed Consent Decree 

filed with sald Motion is due to be and hereby is approved 

tentatively, subject to any objections by members of the class, 

and that pursuant to Rule 23(e) Fed.R.Civ.P., notice of this 

proposed compromise should be given to the members of the class 

of black citizens in Crenshaw County, Alabama. 

Accordingly, it is hereby ORDERED that the Defendant 

Crenshaw County, Alabama, cause the attached notice to this order 

to be published in the Luverne Journal once a week for three 

successive weeks prior to April 16 , 1986. 
  

It 1s further ORDERED that copies of the attached notice 

shall be provided by the Defendant Crenshaw County, Alabama, to 

representatives of all local radio and television stations and 

all representatives of media and black community organizations in 

Crenshaw County who may request a copy thereof. 

Thereafter on April 18 ., 1086, at 
  

3:00 o'clock _P .m. this Court shall conduct a hearing in 
  

the federal courthouse of Montgomery, Alabama, to consider 

objections by members of the class to the proposed compromise and 

settlement. 

It is further ORDERED that candidate qualifying shall be 

extended rou April 4, 1986 until April 18, 1988 and the party 

committees shall have until April 23, 1988 to certify candidate 

names to the Secretary of State. 

DONE, this 24th day of March, 1986. 

Voir dog— 
  

UNATED STATES DISTRICT JUDGE —~ 

 



IN THE UNITED STATES DISTRICT COURT FOR THE 
MIDDLE DISTRICT OF ALABMA 

NORTHERN DIVISION 

JOHN DILLARD, et al., 

Plaintiffs, 

vs. CA NO. 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, 

et al., 

Defendants. 

NOTICE QF PROPOSED SETTLEMENT 

TO: ALL BLACK CITIZENS OF CRENSHAW COUNTY, ALABAMA: 

In this class action brought by John Dillard and Havard 

Richburg, on behalf of themselves and all black citizens of 

Crenshaw County, Alabama, challenging the election system for the 

Crenshaw County Commission, the named plaintiffs and the 

Defendant Crenshaw County, Alabama, and its officers have 

informed this Court that they wish to compromise and finally 

resolve this lawsuit on the following basis: 

1. A final injunction would be issued against the conduct of 

further elections of Crenshaw County Commission under the  



  

at-large election scheme provided by state law. 

2. Pursuant to the terms of the proposed settlement 

agreement, the Crenshaw County Commission will be elected from 

five single-member districts. The Commissioners so elected will 

serve four-year terms. The Probate Judge will become a nonvoting 

chair of the Crenshaw County Commission until January 1993. The 

Probate Judge at that time will no longer be a member of the 

Crenshaw County Commission, although he shall continue to 

function as the chief executive officer of the county. Beginning 

in January 1993, the five single-member district elections shall 

elect one of their numbers to be president of the Commission. The 

President of the Commission shall preside at meetings of the 

County Commission and shall set the agenda, but the President 

shall receive no more compensation than any other commissioner. 

3. The parties have agreed to a plan of single-member 

district boundaries. Maps showing the boundaries of the five 

single-member districts will be available for you to view during 

normal business hours at the Crenshaw County Courthouse, in 

Luverne, Alabama, prior to the time this consent decree is 

finally approved. 

4. State law provides that candidate qualifying shall end 

April 4, 1086. The Court has orderd that this deadline be 

extended until April 18, 1986 and the party committees shall have 

until April 23, 1986 to certify candidate names to the Secretary 

 



  

of State. 

5. Plaintiffs are the prevailing parties in this action and 

are entitled to raoOver reasonable attorneys’ fees and expenses. 

The amount of such attorneys’ fees and expenses will be 

determined by the court following final approval of the proposed 

compromise. Fees and expenses have not been part of the 

negotiations leading to this proposed settlement. 

6. The Court has tentatively approved the settlement of this 

case on the basis stated above. However, because this lawsuit is 

a class action, this Court has the responsibility of insuring 

that the interests of the entire class of black citizens are 

adequately protected in any proposed compromise or settlement 

before giving its final approval to the settlement. Accordingly, 

if any black citizen of Crenshaw County, Alabama, objects to the 

above proposed compromise and final resolution of this lawsuit, 

he or she should set out the objection in writing, identifying 

this case by its name and number, and by mailing the written 

objection to Mr. Thomas C. Caver, Clerk of the United States 

District Court, Middle District of Alabama, P. O. Box 711, 

Montgomery, Alabama 3610@, or by delivering each objection to the 

Office of the Clerk, Second Floor, U. S. Courthouse, Montgomery, 

    

Alabama, on or before 10th day of April , 19876 

In addition, this Court will conduct a public hearing on_ 18thday 

of April 1986, at 3:00 o'clock _P.m., ab ’     

 



  

which time it will consider all objection from members of the 

Plaintiff class to the proposed settlement, whether made in 

writing or in person with such to be held in the courtroom on the 

fourth: floor of the aformentioned U.S. Courthouse. 

DATED this 24th day of March , 1986. 

Tho 4. A 

  

  CLERK, UNITED STATES DISTRICT COURT 
MONTGOMERY, ALABAMA