Consent Decree Concerning Coffee County

    Hnited States District Court 
MIDDLE DISTRICT OF ALABAMA 

OFFICE OF THE CLERK 

Post OFFicE Box 711 

THOMAS C. CAVER MONTGOMERY, ALABAMA 36101 
CLERK 

  

TELEPHONE (205) 832-7308 

FTS 534-7308 

November 12, 1986 

TO COUNSEL OF RECORD 

Re: John Dillard; et al v. Crenshaw County, Alabama; et al 

Civil Action No, 85-T-1332-N 
  

Dear Counsel: 

When the Order of the Court dated October 30, 1986 was signed, 

inadvertently the Consent Decree was not signed; therefore, enclosed 

is copy of the signed Consent Decree. 

Sincerely, 

THOMAS C. CAVER, CLERK 

By: 

snc/ljr 

  

Enclosure 

 



IN THE UNITED STATES DISTRICT COURT FOR THE L. E D 
MIDDLE DISTRICT OF ALABMA 

NORTHERN DIVISION 2 alia 
a0 MAS C. Cavey 

JOHN DILLARD, et al., yy SRE 

Plaintiffs, 

vs. C.A. No. 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, et al., 

Defendants. 

CONSENT DECREE CONCERNING COFFEE COUNTY 
  

Plaintiffs and Defendants having submitted the following 

terms of settlement and for good cause shown, it is HEREBY 

ORDERED that Defendants Coffee County, qua County; Marion 

Brunson, in his official capacity as Probate Judge; Jim Ellis, in 

his official capacity as Circuit Clerk; Brice R. Paul, in his 

official capacity as Sheriff of Coffee County, Alabama; their 

agents; attorneys; employees; and, those acting in concert with 

them or at their direction are ENJOINED from conducting elections 

for the Coffee County Commission wrider the present at-large 

election system, and are FURTHER ENJOINED as follows: 

l. Elections for the Coffee County Commission shall be 

conducted from seven single-member districts as shown on the maps  



  

attached as Exhibits A-C and as described in Exhibits D and E. 

2. Party primary elections for District 5 shall be conducted 

on September 2, 1986, with any necessary runoff elections to be 

held September 23, 1986. The special general election for 

District 5 shall be held on November 4, 1986. All other 

provisions of state law concerning the conduct of elections shall 

govern, except that a list of registered voters for the special 

primary election on September 2, 1986, need not be published 

until August 19, 19886. 

3. The incumbent Coffee County Commissioners shall be 

allowed to serve out their current terms. Accordingly, when the 

District 5 Commissioner is elected in the special 1986 election, 

he or she shall have all of the rights, privileges, duties and 

immunities of the other commissioners, who have been elected at 

large, until their successors take office in January, 1989. 

4. Elections for all Coffee County Commission districts 

shall be held in 1988. Thus, the District 5 Commissioner elected 

in the special 1986 election shall serve only a two-year initial 

term. The seven commissioners elected in 1988 shall serve 

four-year concurrent terms. 

5. When the District 5 Commissioner elected in 1986 takes 

office, the Probate Judge of Coffee County may continue to serve 

as the chair of the Coffee County Commission and as chief 

administrative officer of the county, but the Probate Judge shall 

 



  

not be entitled to a vote on the Coffee County Commission. 

6. When the current term of the incumbent Probate Judge 

expires, the Probate Judge shall no longer serve as chair of the 

Coffee County Commission or as chief administrative officer of 

Coffee County. When the single-member district commissioners 

elected in 1988 take office, they shall select, on an annual 

basis, the chair of the Coffee County Commission from among their 

own number and the commission may appoint one or more persons to 

carry out administrative duties as it chooses. 

7. Coffee County shall promptly submit for preclearance 

under Section 5 of the Voting Rights Act this Consent Decree and 

the plans attached as exhibits. The Court will defer 

consideration of the agreed upon plan until the preclearance 

process has been completed. In the event that preclearance is 

denied, the Court shall give the plaintiffs and the defendants a 

reasonable opportunity to cure the objections and to obtain 

preclearance of another agreed upon plan. However, should 

preclearance not be obtained in a timely manner, the Court shall 

enter its own single-member district plan in time for its use in 

the September, 1986, special primary election. 

8. If and when an agreed upon single-member district plan is 

precleared under Section 5 of the Voting Rights Act, the Court 

will consider whether it should be approved under the terms of 

this Consent Decree and as complying with the Voting Rights Act. 

 



  

9. Following final approval by the Court of a single-member 

district plan, the Coffee County Commission shall request the 

Legislature of Alabama, through the Coffee County local 

delegation, to enact the finally approved single-member district 

plan as state law. The finally approved Court-ordered plan shall 

remain in effect only until the Legislature of Alabama or other 

authority acting under state law adopts a plan which meets the 

requirements of the laws and Constitution of the United States. 

10. The plaintiffs are prevailing parties for the purpose of 

award of attorneys’ toed and expenses. A determination of the 

plaintiffs’ claims for attorneys’ fees and expenses 1s deferred 

until further order of the Court or appropriate motion by any 

party. 

DONE this 1S vy of N DVesmbsel , 1988. 

N= (hor— 

  

    
UNIJED STATES DISTRICT JUDGE 

 



  

AGREED TO: 

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

(205) 433-2000 

BY: 

_KARRY 7 MENEFEE J 
  

JAMES BLACKSHE 
WANDA COCHRAN 

TERRY G. DAVIS 
Seay & Davis 
752 Carter Hill Road 
P. 0. Box 6215 
Montgomery, Alabama 36106 
(205) 834-2000 

DEBORAH FINS 
JULIUS L. CEAMBERS 
NAACP Legal Defense Fund 
98 Hudson Street, 16th Floor 

New York, New York 10013 

(212) 219-1900 

EDWARD STILL 
REEVES & STILL 
714 South 29th Street 
Birmingham, Alabama 35233-2810 
(205) 322-6631 

REO KIRKLAND, Jr. 
307 Evergreen Avenue 
P. O. Box 8486 
Brewton, Alabama 36427 

(205) 867-5711 

Attorneys for Plaintiffs 

 



e 

  

ROWE & SAWYER 
P. O. Box 150 
Enterprise, AL 36331 

nda 
al ROWE 
  

Attorney for Defendants COFFEE COUNTY, ALABAMA, 

qua COUNTY; MARION BRUNSON, in his official 
capacity as Probate Judge; JIM ELLIS, in his 
Official capacity as Circuit Clerk; and, BRICE R. 
PAUL, in hig official capacity as Sheriff 
of Coffee County 

 



JUNE 30, 1986 

DISTRICT MINORITY 

798 

536 

862 

369 

3494 

549 

— COFFEE COUNTY POPULATION 

WHITE 

4546 

5037 

4549 

MINORITY 
PERCENTAGE 
  

14.97% 

 



  

DISTRICT #1 

Whitewater to Lowey Mill 

60 East to Lower Hussey Road 

Lower Hussey Road to 125 

West on 125 to Arcus 

Dirt road South from Arcus to 25 

25 South to dirt Road #43 

43 South to Weeks Bridge 

Pea River West to Creek 

Creek East to Creek South then to 84 

84 West to Bradshaw Gw 

Turn Southeast on paved road then 

follow dirt road to County 43 

43 South to 134 then West to 87 

South on 87 to 134 West then West to 25 

25 North to Kinny Creek then West to Pea River 

Pea River North to city limits of Elba, 

East following city limits of Elba, then 

North following city limits of Elba 

then West following city limits to 87. 

Highway 87 North to Pea Creek 

follow Creek Northwest to Gatlin dirt Road 

South on Gatlin Road to section line across 1389 

West on section line to next section line 

South on section line to County Road 50 

Southeast on 50 to By-Pass 

South on By-Pass to 189 

 



189 South to Brookdale Avenue 

  

include all of Brookdale Subdivision to city limits South 

go West along city limits to 189 

189 Southwest to County Road 30 

County Road 30 West to Covington’ County line 

Center line dividing line 

 



  

DISTRICT i 

Bound on 

District 

District 

District 

District 

North by Pike County 

One on West 

Five on Southwest corner 

Seven on southern part 

Six on southeast 

 



  

DISTRICT #3 

North district line of District Three follows South line 

of District One from Covington County line to 87 at intersection 

of 83 and 134 

87 South from Mt. Gilead to Geneva County line 

Center line is dividing line 

 



  

DISTRICT #4 

District Four borddns East line of District One and through 

North line as follows: 

Intersection of 43 and 95 - Southeast to 55 

Southeast tributary of Double Bridges Creek 

South on Double Bridges Creek to 134 

134 East to Strickland Road 

South on same road to Highway 18 

Highway 18 East to West College to Ann Street 

North on Ann Street to Camillia Drive 

East on Camillia Drive to Hill 

North on Hill Street to Adam Street 

East on Adams Street to Warren Road 

South on Warren Road to College 

East on College to Doster Street 

South on Doster Street to Hildreth 

East on Hildreth to Grimes, 

then south to Geneva Highway to Bowden Drive 

East on Bowden to Industrial Boulevard 

then East to Bellwood Road 

then North to Park Avenue 

East on Park Avenue to Middlebrook 

South on Middlebrook one block, east one block, north one block 

East on East Park to Highway 84 

South 84 to Ouida 

Follow Quida to first intersection due West 

South on Auburn to Western By-Pass 

 



  

Turn west on By-Pass to Highway 45 

on all roads and streets, center line is dividing line 

45 South to County 86 (Keyton cut-off) 

East on Section line to Dale County line 

South on Date Tounty line to Geneva County line 

West on Geneva County line to Highway 87 

 



  

DISTRICT #5 

Intersection of Park and Geneva 

North to Main 

Southeast on Main 

East on Mill Avenue to Ouida 

South to East Park 

turn East Park to U.S. Highway By-Pass 

South on By-Pass to Highway 84 

84 Southeast to South city limits 

City limits East along South city limits boundary 

North along east city limits to divider line between part 112 and 113 

West to U.S. 84 By-Pass 

South on By-Pass to Daleville Avenue 

West on Daleville Avenue to Ouida Street 

North on Ouida to San Shade Trailer Park 

South Street then North Street around trailer park 

West on Glover to Creek, 

left down Creek to Highland 

South on Highland to Grubbs 

West on Grubbs to Main Street 

North on Main Street to Lee Street 

South on Lee Street to Rawls 

then North on Rawls to 134 

then West to city limits 

West on 134 to V.F.W. Road 

then V.F.W. Road to double Creek 

then North along Creek to Byrd Mill Road 

 



  

North on 84 to Lee Street 

West on Lee Street to Highway 55 

South on Highway 55 to corner of city limits 

West along city limits to West boundary of city limits 

then North along city limits boundary to Highway 32 

East on Highway 32 to Ainsley 

go Ainsley to Highway 84 

West on Highway 84 to Richburg 

Bound on West and North by district One, South by District Four 

Road and street center lines are the dividing lines 

 



  

DISTRICT #6 

Beginning at Highway 167 East on city limits line to Creek 

that enters Steep Head Creek 

follow Steep Head Creek that enters Mathews Creek 

follows Mathews Creek 

East and to Dale and Coffee County Line 

South to Section line scuth of Coffee County Highway 86 

West along section line to Highway 45 

North along 45 to Western By-Pass 

East on By-Pass North in direct line with Auburn Drive 

East side of Auburn is included 

Go one block East to Ouida Street 

North on Ouida Street to Highway 84 

West on Highway 84, include trailer park on South side of 84 

Continue on 84 to East Park 

follow to Geneva Street 

Follow District 5 on North, East and West 

 



  

DISTRICT #7 

North of District Five 

Follow creek from Glover to By-Pass 

then turn West on By-Pass to Highway 27 

North on Highway 27 to section line 

North of Hickory Bend 

North on Shellfield Road to 48 

West on 48 to 167 

North on 167 to North city limit line 

West on city limits line 

South on West city limit line to Highway 84 

West on Highway 84 to west end of Byrd Mill Road 

Bordered on West by District Five