Motion to Dismiss

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

NORTHERN DIVISION 

JOHN DILLARD, of Crenshaw 
County, HOOVER WHITE, MOSES 
JONES, JR., and ARTHUR TURNER 
of Lawrence County, et als, 

Plaintiffs, 

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

CRENSHAW COUNTY, ALABAMA, 
qua COUNTY; RICHARD 1I. 

PROCTOR, in his official 
capacity as Probate Judge; 
LARRY SMITH, in his official 
capacity as Circuit Clerk: 
DAN LIGON, in his official 
capacity as Sheriff of 
Lawrence County, et als, 

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Defendants. 

MOTION TO DISMISS 
  

Defendant, RICHARD I. PROCTOR, in his official capacity as 

Probate Judge of Lawrence County, Alabama, respectfully moves 

this Honorable Court to dismiss this action, and assigns as 

grounds therefor the following grounds, separately, severally and 

jointly, that is to say, to-wit: 

1. The complaint fails to state a claim against this 

defendant in his official capacity upon which relief may be 

granted. 

2. The complaint fails to set forth an actual, subsisting, 

bona fide, justiciable controversy arising between the plaintiffs 

and this defendant sufficient to warrant declaratory relief. 

3. The complaint fails to set forth conditions either 

affirmative or negative undertaken or imminently to be undertaken  



by this defendant in his official capacity which constitutes 

irreparable injury to the plaintiffs, and which warrant temporary 

or permanent injunctive relief. 

4. No cause of action is stated in the complaint against 

this defendant in his official capacity. 

SPEAKE, SPEAKE & REICH 

Attorneys for defendant, 
RICHARD I. PROCTOR, in his official 

capacity as Judge of Probate of 
Lawrence County, Alabama 

ORIGINAL SIGNED BY 
J. G. SPEAKE 
  

J. G. Speake 
Post Office Box 5 
Moulton, Alabama 35650 

Telephone: (205) 974-1171 

CERTIFICATE OF SERVICE 
  

I hereby certify that a copy of the above has been served on 

Honorable D. L. Martin, whose address is 215 S. Main Street, 

Moulton, Alabama, 35650, Honorable David Boyd, whose address is 

P. O. Box 78, Montgomery, Alabama, 36104, Honorable Larry T. 

Menefee, whose address is P. O. Box 1051, Mobile, Alabama, 36633, 

Hon. Terry G. Davis, whose address is P. O. Box 6125, Montgomery, 

Alabama, 36106, and Hon. Deborah Fins and Hon. Julius L. 

Chambers, NAACP Legal Defense Fund, whose address is 99 Hudson 

Street, 16th Floor, New York, New York, 10013, by placing a copy 

of same in the United States mail, first class postage prepaid 

this the //# day of January, 1986. 

ORIGINAL SIGNED BY 
J. G. SPEAKE 
  

J. G. Speake, Of Counsel 

ly J  



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

NORTHERN DIVISION 

JOHN DILLARD, of Crenshaw 
County, HOOVER WHITE, MOSES 

JONES, JR., and ARTHUR TURNER 

of Lawrence County, et als, 

Plaintiffs, 

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

CRENSHAW COUNTY, ALABAMA, 

gua COUNTY; RICHARD I. 
PROCTOR, in his official 
capacity as Probate Judge; 
LARRY SMITH, in his official 
capacity as Circuit Clerk; 
PAN LIGON, in his official 
capacity as Sheriff of 
Lawrence County, et als, 

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Defendants. 

ANSWER OF DEFENDANT, RICHARD I. PROCTOR 
PROBATE JUDGE OF LAWRENCE COUNTY, ALABAMA 
  

FIRST DEFENSE 
  

1. Defendant admits the allegations of the complaint 

respecting his official capacity as Probate Judge of Lawrence 

County, Alabama. 

2. Defendant admits the allegations of the complaint 

pertaining to his responsibility and authority pursuant to the 

provisions of Title 17-6-1 Code of Alabama, 1975, as amended. 

3. Defendant denies the allegations of the complaint 

contained in Count Two of the complaint alleging that the 

defendant has refused to act on grounds generally applicable to 

the class constituting the party plaintiffs in this cause and  



  

consequently warranting injunctive relief against this defendant 

in his official capacity. 

4. Defendant neither admits nor denies the remaining 

allegations of the complaint. 

SECOND DEFENSE 
  

1. Defendant, in his official capacity as Probate Judge of 

Lawrence County, Alabama, does not constitute and is not a part 

of the official governing body of Lawrence County, Alabama, which 

is vested in a county commission pursuant to Act No. 79-737 

effective August 8, 1979, as pertains to Lawrence County, 

Alabama. 

2. Defendant, in his official capacity, acts as a member of 

an appointing board for the conduct of elections pursuant to 

Title 17-6-1, Code of Alabama, 1975, as amended, and does not 

function in Lawrence County, Alabama in organizing, reorganizing, 

establishing, or in anywise controlling the establishment of 

voting districts for the election of commissioners of the 

Lawrence County Commission. 

THIRD DEFENSE 
  

Defendant is ready and willing to comply with any 

reorganization of the voting districts for the election of county 

commissioners in Lawrence County, Alabama, as may be mandated by 

the Court upon issuance of a final order or directive responsive 

to the relief requested in the complaint as to Lawrence County, 

Alabama, and the official capacity of the Probate Judge of 

 



  

Lawrence County, Alabama, as required by Title 17-6-1, Code of 

Alabama, 1975, as amended. 

SPEAKE, SPEAKE & REICH 

Attorneys for defendant, 
RICHARD 1. PROCTOR, in his official 
capacity as Judge of Probate of 
Lawrence County, Alabama 

ORIGINAL SIGNED BY 

J. G. SPEAKE 

  

J. G. Speake 
Post Office Box 5 
Moulton, Alabama 35650 

Telephone: (205) 974-1171 

CERTIFICATE OF SERVICE 
  

I hereby certify that a copy of the above has been served on 

Honorable D. L. Martin, whose address is 215 S. Main Street, 

Moulton, Alabama, 35650, Honorable David Boyd, whose address is 

P. O. Box 78, Montgomery, Alabama, 36104, Honorable Larry T. 

Menefee, whose address is P. O. Box 1051, Mobile, Alabama, 36633, 

Hon. Terry G. Davis, whose address is P. O. Box 6125, Montgomery, 

Alabama, 36106, and Hon. Deborah Fins and Hon. Julius L. 

Chambers, NAACP Legal Defense Fund, whose address is 99 Hudson 

Street, l6th Floor, New York, New York, 10013, by placing a copy 

of same in the United States mail, first class postage prepaid 

this the [4% day Of January, 1986, 

ORIGINAL SIGNED BY 

J). G. SPEAKE 

  

J. G. Speake, Of Counsel 

 



SPEAKE, SPEAKE & REICH 

ATTORNEYS AT LAW 

101 SPRING STREET 

P.O.BOXS5 

MOULTON, ALABAMA 35650 

Hon. Deborah Fins and 
Hon. Julius L. Chambers 
NAACP Legal Defense Fund ~ 
99 Hudson Street, 16th F1 

New York, New York 10013