Plaintiffs' Motion for Additional Relief

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

NORTHERN DIVISION 

JOHN DILLARD, ET AL., ) 

Plaintiffs, ) 

Vv. ) CIVIL ACTION NO. 85-T-1332-N 

CRENSHAW COUNTY, ETC., ET AL. ) 

Defendants. ) 

PLAINTIFFS’ MOTION FOR ADDITIONAL RELIEF 

Plaintiffs John Dillard and Havard Richburg of Crenshaw 

County; Nathan Carter, Spencer Thomas and Wayne Rowe of Etowah 

County; Hoover White, Moses Jones, Jr., and Arthur Turner of 

Lawrence County; Damacus Crittenden, Jr., Rubin McKinnon, and 

William S. Rogers of Coffee County; Earwen Ferrell, C. L. 

Bradford and Clarence J. Jairrels of Calhoun County; Ullysses 

McBride, John T. White, Willie McGlasker, William America and 

Woodrow McCorvey of Escambia County; Louis Hall, Jr., Ernest 

Easley, Byrd Thomas and Powell Reynolds of Talladega County; 

Maggie Bozeman, Julia Wilder, Bernard Jackson and Willie Davis of 

Pickens County; and, Lindburgh Jackson, Carolyn Bryant and Rev. 

George Bandy of Lee County, through their undersigned counsel, 

would show unto the Court as follows: 

 



  

1. The findings made by this Court that racially 

motivated laws enacted by the Legislature of Alabama taint all 

the at-large elections systems in local jurisdictions throughout 

Alabama warrant the institution of further proceedings to provide 

additional relief and to enforce the voting rights of all the 

victims of the offensive laws. 

2. The relief afforded by the outstanding judgments in 

this action remedies the effects of the unlawful state statutes 

in only a few of the local jurisdictions where violations are 

occurring. 

3. To provide complete relief from the Voting Rights 

Act violations expressed or implied by this Court's rulings, it 

will be necessary to bring the State of Alabama before this Court 

as a party defendant. 

4. There are over 200 municipalities and over 30 county 

boards of education in Alabama whose governing bodies are elected 

by at-large methods which this Court has found to be tainted with 

the State's intentional discrimination and which represent 

jurisdictions with substantial black populations. Where blacks 

are significantly underrepresented on these local governing 

bodies, there is a presumption based on this Court's existing 

findings that the at-large system violates Section 2 of the 

Voting Rights Act. 

 



  

5. For reasons which are set out more fully in the 

brief filed contemporaneously with this motion, plaintiffs have 

no other adequate remedy at law or equity for the Voting Rights 

Act violations alleged to exist in the local Alabama 

Jurisdictions still using the tainted at-large election systems. 

WHEREFORE, plaintiffs pray that the Court will provide 

additional relief as follows: 

A. Add the State of Alabama as a party defendant in 

this action. 

B. Add the Attorney General of Alabama, in his 

official capacity, as a party defendant in this action. 

C. Add the Talladega County Board of Education and 

the City of Childersburg as representative parties defendant in 

this action. 

D. At the earliest practicable opportunity, schedule 

proceedings under Rule 23, Fed.R.Civ.P., to identify and certify 

a defendant class of all municipalities and county school 

districts in Alabama whose at-large election systems dilute black 

voting strength, to be represented by the Attorney General of 

Alabama, the Talladega County Board of Education and the City of 

Childersburg. 

 



  

E. At the next earliest practicable opportunity, 

schedule a hearing to recieve additional evidence that, based on 

the rulings this Court has already made, violations of Section 2 

of the Voting Rights Act exist in the municipalities and school 

districts in the defendant class. 

F. Following a final determination that identified 

at-large local election systems in Alabama violate the Voting 

Rights Act, require the State of Alabama to propose a statewide 

plan for remedying said violations. 

G. Provide such other and further relief as the Court 

may deem just and equitable, including an award of plaintiffs’ 

attorneys’ fees and expenses. 

Respectfully submitted this 23rd day of February, 

1087. 

BLACKSHER, MENEFEE & STEIN, P.A. 
405 Van Antwerp Building 
P. O. Box 1051 
Mobile, AL 36633 
(205) 433-2000 

    
BY: A.4 

/ JITAMES U. BLACKSHER     
Larry T. Menefee 
BLACKSHER, MENEFEE & STEIN, P.A. 
Fifth Floor, Title Building 
300 Twenty-First Street, North 

Birmingham, AL 35203 

 



  

(205) 322-7300 

Terry Davis 
SEAY & DAVIS 
732 Carter Hill Road 
P. O. Box 6215 
Montgomery, AL 36106 
(205) 834-2000 

Julius L. Chambers 

Pamela S. Karlan 
Lani Guinier 

99 Hudson Street 
16th Floor 

New York, New York 10013 
(212) 219-1900 

¥. Edward Still 

REEVES & STILL 

714 South 29th Street 

Birmingham, AL 35233-2810 
(205) 322-6631 

Reo Kirkland, Jr. 

307 Evergreen Avenue 
P. O. Box 646 
Brewton, AL 36427 

(205) 867-5711 

Attorneys for Plaintiffs 

CERTIFICATE OF SERVICE 

I do hereby certify that on this 23rd day of 

February, 1987, a copy of the foregoing PLAINTIFFS’ MOTION FOR 

ADDITIONAL RELIEF was served upon the following counsel 

of record: 

D. L. Martin, Esq. 
215 South Main Street 
Moulton, AL 35650 
(205) 974-9200 
(Lawrence County) 

Jack Floyd, Esq. 
FLOYD, KEENER & CUSIMANO 

David R. Boyd, Esq. 
BALCH & BINGHAM 
P. O..Box 78 
Montgomery, AL 36101 
(205) 834-6500 (Lawrence County) 

Barry D. Vaughn, Esq. 
PROCTOR & VAUGHN 

 



  

816 Chestnut Street 

Gadsden, AL 35999-2701 

(205) 547-6328 
(Etowah County) 

Yetta G. Samford, Esq. 
SAMFORD, DENSON, HORSLEY, 

MARTIN & BARRETT 
P. O. Box 2345 
Opelika, AL 36803-2345 

(205) 745-3504 
(Lee County) 

Herbert D. Jones, Jr., Esq. 
BURNHAM, KLINEFELTER, HALSEY, 

& CATER 
P. O. Box 1618 
Anniston, AL 36202 

(205) 237-8515 
(Calhoun County) 

John A. Nichols, Esq. 
LIGHTFOOT, NICHOLS & SMITH 
P. O. Box 369 
Luverne, AL 36049 

(205) 335-5628 
(Crenshaw County) 

Robert Black, Esq. 

HILL, HILL, CARTER, FRANCO, COLE 
& BLACK 

P. O. Box 118 
Montgomery, AL 36195 

(205) 834-7600 
(Crenshaw County) 

Warren Rowe, 
Rowe & Sawyer 
P. 0. Box 180 
Enterprise, AL 36331 
(Coffee County) 

Esq. 

209 North Norton Avenue 

Sylacauga, AL 35150 
(205) 249-8527 
(Talladega County) 

Rick Harris, Esq. 
MOORE, KENDRICK, GLASSROTH, 
HARRIS, BUSH & WHITE 
P.O. Box 910 
Montgomery, AL 36102 
(205) 264-9000 
(Crenshaw County) 

James W. Webb, Esq. 
WEBB, CRUMPTON, MCGREGOR, SCHMAELINC 

&¥ WILSON 
P. 0. Box 238 
Montgomery, AL 36101 
(205) 834-3176 
(Escambia County) 

Lee M. Otts, 
OTTS & MOORE 
P. O. Box 46% 

Brewton, AL 36427 
(205) 887-7724 
(Escambia County) 

Esq. 

w. 0. RIRE, Jr., Esq. 
P. O.Box A-B 

Carrollton, AL 3544% 

(205) 367-8125 
(Pickens County) 

James G. Speake, Esq. 
SPEAKE, SPEAKE & REICH 
P. O.Box 5 
Moulton, AL 35650 
(Lawrence County) 

by depositing same in the United States, mail postage prepaid.