DRAFT Complaint

    UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF LOUISIANA 

BARBARA MAJOR, CIVIL ACTION 

NO. 

-against- SECTION: 

DAVID C. TREEN, in his capacity DIVISION: 
as Governor of the State of 

Louisiana, and JAMES H. BROWN, CLASS ACTION 

in his capacity as Secretary of 

State of the State of Louisiana THREE JUDGE COURT CASE 

  

  

COMPLAINT 
I. PRELIMINARY STATEMENT 

This action is brought by the black citizens on behalf of them- 

ft selves and all other black citizens who are eligible and registered to vote in 

the State of Louisiana. They bring this action to enforce their right to have 

an effective vote in the election of the Louisiana House of Representatives and 

in the election of Louisiana Representatives to the United States Congress. 

They seek declaratory and injunctive relief from any election being conducted 

pursuant to the plans of approtionment in effect prior to November, 1981, on the | 

grounds that such an election would violate the one-person, one-vote principles 

of the Fourteenth Amendment in that those plans are grossly malapportioned. 

Additionally, they seek similar relief against the plans of apportionment adopted 
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in November, 1981 by the Louisiana Legislature for the Louisiana House of Repre- | 

sentatives and for Louisiana Representatives to the United States Congress, 

because those plans do not comply with the one-person, one-vote standards and 

because they dilute the vote of black citizens. 

11. JURISDICTION 

This is an action for declaratory and injunctive relief brought 

pursuant to 42 USC 81973c and 42 USC 81933. This Court has jurisdiction pursuant 

to 23 USC 881331 and 1343, as well as 42 USC 81973¢. 

3. Plaintiffs! claims under Section 5 of the Votimg Rights Act of 

1965, as amended, and under the Fourteenth and Fifteenth Amendments to the 

United States Constitution must be determined by a district court of three judges 

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pursuant to 28 USC 82284(e) and 42 USC 81973c. 

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4. Plaintiffs seek declaratory and other appropriate relief pursuant 

to. 25 USC. 882201 and 2202, 

TI7. PARTIES 

5. The following persons are the plaintiffs in this action. Each is 

a black citizen of the United States and of the State of Louisiana, residing 

and registered to vote in the Parish listed below: 

A. Barbara Major - 

The plaintiffs in this action sue on behalf of themselves and all others simi- 

larly situated. 

6. DAVID C. TREEN is Governor of the State of Louisiana. He is sued 

in that official capacity. As Governor, Mr. Treen has the duty to support the 

Constitution and laws of the State and of the United States and to see that the 

laws are faithfully executed. The Governor also has certain duties under the 

Election Code of the State of Louisiana, La. R.S. Title 18. 

7. JAMES H. "JIM" BROWN is Secretary of State of the State of 

Louisiana. He is sued in that official capacity. As Secretary of State, Mr. 

Brown has the duty to prepare and certify the ballots for all elections, 

promulgate all election returns and administer the election laws. 

IV. CLASS ACTION ALLEGATIONS 

8. This matter is brought as a class action under Rule 23(b)(2) 

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of the Federal Rules of Civil Procedure, on behalf of all black persons who are | 

residents and registered voters of the State of Louisiana. 

9. The number of persons who would be included in the above-defined 

class would be approximately 

10. The plaintiffs are adequate representatives of the proffered clas: 

in that they are situated similarly to the members of the class. There are no 

actual or potential conflicts of interest and the attorneys for plaintiffs are   
competent and able to handle the litigation. 

11. The questions of law and fact common to the class are those impli 

cit in this complaint including whether the apportionment of the Louisiana Housg 

of Representatives and of the Louisiana Representatives to the U.S. Congress | 

violate the principles of one-person, one-vote. 

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V. FACTS 

12. The current apportionment of the Louisiana House of Representa- 

tives was established by Acts 1971, No. 106 and Acts 1972, No. 457. 

13. The current apportionment, which had a deviation of approximately 

9.1 percent based on the 1970 Census, has a deviation of approximately 111 

percent based on the 1980 Census. 

14. The Louisiana Legislature has drawn a reapportionment plan effec~ 

tive at Noon on March 12, 1984, Act 1 of the First Extraordinary Session of 1981 

(November, 1981). That plan is subject to the pre-clearance requirements of 

Section 5 of the Voting Rights Act, 42 U.S.C. 81973c, but has not been approved 

by the United States Department of Justice. 

15. The purpose and effect of the November, 1981 plan of apportion- 

ment for the Louisiana House of Representatives is to dilute the voting strength 

of black citizens and to deny them the effective utilization of the right to 

vote on ‘account of thelr race. 

16. In the City of New Orleans (Parish of Orleans), despite a change 

of population from forty-five percent to fifty-five percent, the number of black 

majority districts was reduced from eleven to seven and the number of white 

majority districts increased from seven to eight. 

17. The current apportionment of the districts for electing Representa 

tives to the U.S. Congress was established by Acts 1976, No. 697. 

18. The current apportionment, which had a deviation of approximately, 

percent based on the 1970 Census, has a deviation of approximately 

percent based on the 1980 Census. 

19. The Louisiana Legislature has drawn a reapportionment plan effec 

tive at Noon on January 3, 1983, Act 20 of the First Extraordinary Session of | 

1981 (November 20, 1982). That plan is subject to the pre-clearance requirements 

of Section 5 of the Voting Rights Act, 42 U.S.C. 81973c, but has not been | 

approved by the United States Department of Justice. 

20. Qualification for election under the November, 1981 plan of 

apportionment is scheduled for July 5-9, 1982. The primary election is scheduldd 

for September 11, 1982; the general election is scheduled for November 2, 1982. | 

21. The purpose and effect of the November, 1981 plan of apportion- 

ment for Louisiana Representatives to the U.S. Congress is to dilute the voting! 

strength of black citizens and to deny them the effective utilization of the 

right to vote on account of their race.  



  
  

      

22. During November, 1981, both houses of the Louisiana Legislature 

passed a bill which would have established a black majority district in Orleans 

Parish. Under a threat of a veto by Defendant Treen, the plan was modified so 

as to split the heavy concentration of black voters in Orleans Parish between 

two districts. The plan as adopted by the Legislature and signed by Defendant 

Treen, established a First Congressional District with over thirty sides, 

creating a rough approximation of the cartoon character, Donald Duck, out of the! 

Second Congressional District. 

23. Defendants Treen and Brown will conduct elections for vacancies 

prior to March 12, 1984, in the Louisiana House of Representatives under the 

current plan unless they are restrained from doing so, despite the large devia- | 

tions between districts. 
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24. Defendants Treen and Brown will conduct elections pursuant to Act] 
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One and Act Twenty of the First Extraordinary Sessior. of 1981 unless restrained | 

from doing so. Although these Acts were submitted to the Attorney General of | 

the United States, neither has been approved by either the Attorney General of 

the United States or the United States District Court for the District of 

Columbia. 

VI. CAUSES OF ACTION 

25. The current plan of apportionment for both the Louisiana House 

of Representatives and the districts for Louisiana Representatives to the U.S. 

Congress violate the principles of one-person, one-vote under 42 USC $1981 and 

1983 and the Fourteenth and Fifteenth Amendments to the U.S. Constitution. 

26. Act One and Act Twenty of the First Extraordinary Session of 

1981 violate the provisions of the Voting Rights Act, as amended, as well as 

42 USC 881981 and 1983 and the Fourteenth and Fifteenth Amendments to the U.S. 

Constitution in that the purpose and effect of the Acts is to dilute the voting 

strength of black citizens. 

Vii. EQUITY 

27. = This action is an actual controversy between parties having   adverse legal interests of such immediacy and reality as to warrant a declara- 

tory judgment. 

28. Plaintiffs have no adequate remedy at law and will suffer irre-   
parable injury unless injunctive relief is issued.  



  

  

  

              

  
VI1T. PRAYER 

WHEREFORE, plaintiffs pray for relief as follows: 

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1. That a District Court composed of three judges be convened pursuant | 

dto 28 USC 82284. 

That a declaratory judgment be issued that the current plan of 

apportionment of the Louisiana House of Representatives and the districts for   
Louisiana Representatives is unconstitutional, null and void. 

3. That a preliminary and permanent injunction issue prohibiting the 

holding of elections under the current plans of apportionment. 

4, That. o declaratory judgment be issued that Act One and Act Twenty 

of the First Extraordinary Session of 1981 are illegal, unconstitutional, null 

and void. 

That a preliminary and permanent injunction issue prohibiting the 

implementation of Act One and Act Twenty. including a prohibition on the holding 

of qualifications and/or elections under the Acts. 

6. That there be an expedited hearing on the merits of this case and 

ar approval of a legal and constitutional plan of apportionment for the Louisiana 

House of Representatives and for the districts for Louisiana Representatives to 

the U.S. Congress. 

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7. That attorneys' fees be awarded to plaintiffs as prevailing partieg, 

That there be such ogher relief as may be necessary and proper. 

  

Respectfully Submitted: