Crittenden v. Coffee County Complaint

    » NOT FCS 
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IN THE UNITED STATES DISTRICT COURT FOR THE 
MIDDLE DISTRICT OF ALABMA 

SOUTHERN DIVISION 

DAMASCUS CRITTENDEN, JR., RUBIN MCKINNON, * 
and WILLIAM S. ROGERS, on behalf of id 
themselves, and other similarly situated * 
persons, * 

Xx 

3 Plaintiffs, 

* VS. CA NO.   

COFFEE COUNTY, ALABAMA gua COUNTY; JIMMY 
BRYAN, BILLY PAUL OWENS SID AVERETT, 
BILL FAULK, EUGENE BRADLEY, BILLY 
EAGERTON and CHARLIE MCMARTIN, in their 
official capacities as members of the 
Coffee County Commissioner's Court; MARION 
BRUNSON, in his official capacity as 
Probate Judge; JIM ELLIS, in his 

official capacity as Circuit Court 
Clerk, and BRICE R. PAUL, in his 
official capacity as Sheriff of Coffee 
County, Alabama, 

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Defendants. * 

COMPLAINT 
  

I. 

Jurisdiction 

Jurisdiction of this court is invoked pursuant to 28 U.S.C. 

sections 1331 and 1343. This is a sult in equity arising out of 

the Constitution of the United States; the fourteenth and 

 



  

fifteenth amendments and 42 U.S.C. sections 1973, 1983 and 1988. 

This is also an action for declaratory judgment under the 

provisions of 28 U.S.C. sections 2201 and 2202. 

II. 

3s Actior 

Plaintiffs bring this action on thelr own behalf and on 

behalf of all other persons similarly situated, pursuant to Rule 

23(a) and 23(b)(2), Federal Rules of Civil Procedure. The class 

which plaintiffs represent is composed of all black citizens of 

Coffee County, Alabama. All such persons have been, are being, 

and will be adversely affected by the defendants’ practices 

complained of herein. The class constitutes an identifiable 

social and political minority in the community who have suffered 

and are suffering invidious discrimination. There are common . 

questions of lav and fact affecting the rights of the members of 

this class who are and continue to be deprived of the equal 

protection of laws because of the election system detailed 

below. These persons are so numerous that joinder of all members 

1s impracticable. There are questions of law and fact common to 

Plaintiffs and the class they represent. The interest of sald 

Class 1s fairly and adequately represented by the named 

plaintiffs. The defendants have acted or refused to act on 

grounds generally applicable to the class, thereby making 

 



  

appropriate final injunctive relief and corresponding declaratory 

relief with respect to the class as a whole. 

III. 

Plaintiffs 

Plaintiffs Damascus Crittenden, Jr., Rubin McKinnon and 

William S. Rogers are black citizens of Coffee County, Alabama, 

over the age of twenty-one years. 

Iv. 

Defendant 

A. Coffee County is a political subdivision of the State of 

Alabama. 

B. Jimmy Bryan, Sid Averett, Blll Faulk, Eugene Bradley, 

Billy Eagerton, and Charlie McMartin, are presently elected 

members of the Coffee County Commission and are sued in their : 

official capacities as members of said Commission. They exercise 

the general administrative and legislative authority of Coffee 

County. 

C. Defendants Marion Brunson, dim Ellis, and Brice R. Paul 

are sued lin their official capacities respectively as Probate 

Judge, Clrcuit Clerk and Sheriff of Coffee County, Alabama. 

Together, these county officials act as an election board to 

supervise and conduct elections for, inter alla, the Coffee 

 



  

County Commission. Ala. Code, section 17-6-1 (Supp. 1985). 

A. Coffee County is governed by six commissioners. The 

Commissioners are elected at large by the qualified voters of the 

County for four-year terms. The Probate Judge serves as chairman 

of the commission and votes only in case of a tie. The elections 

are partisan, that is to say, candidates are nominated by their 

respective political parties through party primary elections. 

The election system utilizes numbered places with a majority 

vote, runoff requirement. This election system is provided for 

by Act No. 571 of the 1953 Session of the Alabama Legislature and 

Act No. 12359 of the 1971 Session of the Alabama Legislature. 

B. The next regularly scheduled election for the Coffee 

County Commission is 1988. 

C. According to the 1980 census, Coffee County has a 

population of 38,533 persons, of which 6,897 or 17.9% are black. 

The census also shows that black citizens of Coffee County suffer 

unemployment at a rate almost twice the rate of white citizens, 

black citizens finish high school only slightly more than 

one-half the rate of white citizens and black citizens have 

incomes below poverty level at a rate three times the rate of 

white citizens. 

D. All of the present officeholders of the Coffee County 

 



  

Commission are white. There has never been a black citizen in 

history elected to the Coffee County Commission. Only one black 

citizen has ever sought election to a county office. Elma Brock 

was defeated in 1970 for election to the County Board of 

Education. When black candidates or white candidates sympathetic 

to the interests of black citizens have sought election they have 

been defeated in elections characterized by racially polarized 

voting. As a consequence, black citizens have been discouraged 

from participating in the political process. 

E. The present at-large election system for the Coffee 

County Commission, utilizing numbered places with majority-vote 

runoff requirements was enacted for the purpose of discriminating 

agalnst black citizens and presently so operates. As a result of 

such purpose and effect, the voting strength of black citizens of 

Coffee County is diluted or minimized by the white majority. 

F. Black citizens in Coffee County, Alabama, have been 

subjected to official discrimination in their attempts to 

participate in the political process through devices such as the 

poll tax, white primaries and denial of participation as poll 

Officials. Other forms of official discrimination such as denial 

of equal access to educational opportunities and employment 

opportunities have combined to perpetuate past electoral 

discrimination and to preclude black citizens from effectively 

participating in the election process. 

 



  

G. The Coffee County Commission has historically been less 

responsive to the needs of black citizens than they are to the 

needs of white citizens. This continued policy of being less 

responsive to the needs and rights of black citizens has further 

prevented blacks from effectively participating in the election 

process. 

H. As a direct result of these and other factors, the 

at-large election system utilized for Coffee County, Alabama 

County Commission as designed and/or as presently operated, 

denies black plaintiffs and the class of black citizens they 

represent, equal access to the political process leaving the 

nominations and elections to the Coffee County Commission 

fundamentally unfair, all in violation of their rights protected 

by the fourteenth and fifteenth amendments to the Constitution of 

the United States; the Voting Rights of 1965, 42 U.S.C. section 

1973; and the Civil Rights Act of 1871, 42 U.5.C. section 19835. 
~ 

V1. 

Plaintiffs and the class they represent have no plain, 

adequate or complete remedy at law to redress the wrongs alleged 

herein and this suit for permanent injunction is their only means 

of securing adequate relief. Plaintiffs and the class they 

represent are now suffering and will continue to suffer 

irreparable injury from the unconstitutional election system 

 



  

described herein. 

WHEREFORE, plaintiffs respectfully pray that this court 

advance this case on the docket, order a speedy hearing at the 

earliest practical date, cause this action to be in every way 

expedited, and upon such hearing to: 

1. Grant the plaintiffs and the class they represent a 

declaratory judgment that the election system complained of 

herein violates the fourteenth and fifteenth amendments to the 

Constitution of the United States, and 42 U.S.C. sections 1973 

and 1983. 

2. Grant plaintiffs and the class they represent a temporary 

restraining order, preliminary and final injunctions, enjoining 

the defendants, their agents, successors, attorneys and those 

acting in concert with them and at their direction from holding, 

supervising or certifying the results of any election for the 

Coffee County Commission under the present election system. 

3. Order the utilization of an election system for the 

Coffee County Commission which will provide equal access to the 

political process that will not debase, dllute, minimize or 

cancel the voting strength of black citizens of Coffee County, 

Alabama. 

4. Award plaintiffs and the class they represent their costs 

in this acion, including an award of reasonable attorneys’ fees 

 



  

and expenses, pursuant to 42 U.S.C. sections 1973 and 1988. 

5. Grant such other and further equitable relief as the 

court may deem just and proper. 

  
Respectfully submitted this 2 en of 3 el. 

1085. 

BLACKSHER, MENEFEE & STEIN, P.A. 
405 Van Antwerp Bldg. 
P. OO. Box 105} 
Mobile, Alabama 36633 

(205) 433-2000 

7 ~. ; 

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BY . A ) —. ie 

LARRY 7 MENEFEE 
JAMES U a 
WANDA J. COCHRAN 

  

TERRY G. DAVIS 
Seay & Davis 
732 Carter Hill Road 
P. O. Box 8125 
Montgomery, Alabama 36106 

DEBORAH FINS 
JULIUS L. CHAMBERS 
NAACP Legal Defense Fund 
1900 Hudson Street 
16th Floor 
New York, New York 10013 

Attorneys for Plalntiffs