Correspondence from Winner to Donaldson, Wallace, Horton, Hunter, Heenan, and Guinier; Proposed Stipulations 1
Correspondence
May 10, 1983

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Case Files, Thornburg v. Gingles Hardbacks, Briefs, and Trial Transcript. Motion to Supplement the Complaint, Response to Defendant's Motion to Stay and Copy of House Bill 1428, 1981. c79235aa-d292-ee11-be37-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/69ccf937-3abb-49b9-a747-fecec800c789/motion-to-supplement-the-complaint-response-to-defendants-motion-to-stay-and-copy-of-house-bill-1428. Accessed May 22, 2025.
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.HAMBERS, FERGUS.N, *ATT, *ALLAS, ADKTNS & FULLER, p.A \ r - ' '?. ' '; I ATTORNEYS AT LAW SUITE 73O EAST INDEPENOENCE PLAZA 95I SOUTH INOEPENDENCE BOULEVARD CHARLOTTE, NORTH CAROLINA 28202 TELEPHONE (7041 3-75-A461 November 18, 1981 JULIUS LEVONNE CHAMBERS JAMES E. FERGUSON. II MELVIN L, WATT JONATHAN WALLAS KARL ADKINS JAMES C. FULLER, JR. YVONNE MIMS EVANS JOHN W. GRESHAM RONALD L, GIBSON GILDA F. GLAZER LESLIE J. WINNER JOHN T. NOCKLEBY' . OF O, C. BAR ONLY i"Ir. Napoleon Williams Legal Defense Fund 10 Columbus Circle New York, New York 10019 l{r. Steve Suitts Southern Regional Council 75 Marietta Street, NW Atlanta, Georgia 30303 Dr. Raymond l^Iheeler 3724 llarringLon Drive Charlotte, North Carolina Ms. Lani Guinier Legal Defense Fund 10 Columbus Circle New York, New York 10019 Re: Ralph Gineles et al. v- Rufus Edmisten, €t al. Dear Friends: Please find enclosed copies of the Motion to supplement the Qomplaint and our response to defendant's Motioir'to stay in Gingle_s v. Erlmisten. - r apologize for not showing these to "11-of_you- prior Eo finalizin[ them. Unfortunat;ly, I rana little short of rime before-the deadline for fiting the response to the Motion to stay and wanted to file thd Motionto Supplement at the same Lime. r wilt try to be a better team member next time Sincerely, fitzz,+ Leslie J. I^linner LJW: ddb Enclosure RALPH GINGLES, et aI v. RUEUS EDMISTEN, et a I certify ttrat Complaint and Memora Supplement Complaint of same to: and further by placi properly addressed w under ttre exclusive Service, addressed This 13th day o \t-t3''Jl IN THE TED STATES DISTRICT FOR THE DISTRICT OF NORTH RALEIGH DIVISION NO.81-803-CrV-5 COURT r i'1, , -'. ' l t1! t CAROLINA , Plaintiffs, have um in on all CERTIFICATE OF SERVICE served the foregoing Motion to Supplement Support of Plaintiffsr Motion to ottrer parties by hand delivery with copy Mr No Ra Mr 90 Fa w James Wa1lace, Jr. th Carolina Attorney Generalrs Office eigh, North Carolina 27602 a copy thereof enclosed in a postage prepaid apper in a Post Office or Official Depository are and custody of the United States Postal ,ferris Leonard 17th Street, NW ragut Building, Suite 1020 hington, D.C. 20006 November, 1981. UN EASTE RALPH GINGLES, et a v. RUFUS EDMISTEN, et Plaintiffs in of North Carolina w provisions of the dividing counties i North Carolina Hous Senate have the pur citizens in violati 42 U.S.C. SS1973 an Amendments to the U allege that the ap Assembly and the No the "one person-one of the Fourteenth the Voting Rights A to the United State II. On October 30, North Carolina Gene tionment of the Nor IN THE TED STATES DISTRICT FOR THE DISTRICT OF NORTH MLEIGH DIVISION NO. 81-803-Crv-5 , Plaintiffs, CO.URT CAROLINA I t .t i '. ' '-'i-.-i,l\ i_,-li;;i1 Lj MEMORANDUM IN SUPPORT OF PLAINTIFFS' MOTION TO SUPPLEMENT COMPLAINT 1., Defendants. NATURE OF THE CASE his action are black citizens of the State brought this action alleging that the rth Carolina Constitution which prohibit the apportionment of districts for the of Representatives and the North Carolina se and effect of diluting the vote of black of the Voting Rights Act of L965, 8s amended, 1973c, and the Fourteenth and Fifteenth ited States Constitution. Plaintiffs further rEionment of the North Carolina General th Carolina's Congressional districts violate vote" mandate of the equal protection clause ndment and dilute black vote in violation of E and the Fourteenth and Fifteenth Amendmehts Constitution. ACTS RELEVANT TO THIS MOTION 1981, after this action was commenced, the al Assembly repealed the Ju1y, 1981, appor- h Carolina House of Representatives and enacted motion. Because in which to plaintiffs' E which was enacted subsequent to the filing of this action and p aintiffs'challenges to it before the Court. A proposed suppleme Eal Complaint is attached to plaintiffs' the C rt has granted defendants extension of time pleading has been filed to a new apportionment Plaintiffs file rhi put the apportionme answer, origina party the cour such Eerms as mental pleadin or events whi pleading sough granted even t in its stateme the court deem to the supple the time there f the North Carolina House of Representatives motion to supplement their Complaint to responsive Complaint. emental Pleadings. Upon motion of a flay, upon reasonable notice and upon e just, permit him to serve a supple- setting forth transactions or occurrences have happened since the date of the to be supplemented. Permission may be ugh the original pleading is defective of a claim for relief or defense. If it advisable that the adverse party plead tal pleading, it shaI1 so order, specifying r. III. ARGUMENT Rule 15(d) of Federal Rules of Civil Procedure states: (d) Sup The purpose of the Federal Rules o litigation by permi as possible to be s whether the entire in one action and t the same or similia The Supplement forth transactions, Miller, Federal Prac ice and Procedure, $1506 at p. 547-548. u1e 15(d), 3s well as the entire philosophy of Civil Procedure is to reduce uultiplicity of ing as many of the claims between the parties tled in one action. The Court should consider ntroversy beEween the parties could be settled extent to which the additional claim involves issues, subject matter, or facts. 6 Wright and Complaint which plaintiffs seek Eo file sets ccurrences, and events which happened subsequent -2- I I I I I to the filing of th[ acrion. The parries are identicar. The supplemental compr"[ra asserts facts which are necessary to a fu11 determination of anf issues already before the court, and it asserts claims ,hi"f.raise issues which are the same as or similar to the issues alreafy before rhe court. rn addition, the claims in plaintiffs' prop{sed suppremental complaint require a three judge courr under rl u.s.c. s22g4 as does rhe originar complainr. I Thus judicial ""oro{ry requires that plaintiffs be allowed to supplement their "rr[,plainE. IIn addition, dtfendants have not answered the original complaint and are not require{ to until the Court rules on Defendants,Motion to stay Proceedi"r. I There is, therefore, no prejudice to defendants by the granring of {tris morion This 73 or, lof November, 198r. I II A*uJ h,/;-^ I I LESLTE J.-WTNNER I Chambers, Ferguson, Watt, Wallas, I Adkins & FuLler, p.A. I Suite 730 East Independence pLaza | 951 South Independence Boulevard I Charlorre, North Carolina 29202 I 704/ 37s-8461 I errorneys for plainriffs I I I I I I I I I I I I I I I I I I I I I I I I I | -:- I UN EASTE MLPH GINGLES, et a v. RUFUS EDMISTEN, et Pursuant to Ru plaintiffs move the Complaint to set fo happened since Sept in this action. P attached hereto. Plaintiffs fur answer the Suppleme anshrer the origi-nal This 17 a^y IN THE D STATES DISTRICT FOR THE DISTRICT OF NORTH RALEIGH DIVISION N0.81-803-CrV-s COURT CAROLINA .' - '': --"' . r :i j i il;i i t Plaintiffs, 1., Defendants. e 15(d) of the Federal Ru1es of Civil Procedure, Court to permit them to serve a Supplemental th transactions and o.ccurrences which have er L6, 1981, the date the Complaint was filed tiffs' proposed Supplemental Complaint is r request that the Court order defendants to Ehe same time that theytal Complaint at omplaint. f November, 1981. LESLIE J. NER MOTION TO SUPPLEMENT Ferguson, Watt, Wa11as, Fuller, P.A. East Independence Pl.aza Independence Boulevard North Carolina 28202 Chambers, Adkins & Suite 730 951 South Charlotte, E UNITED STATES DISTRICT COURT CAROLINAFOR EASTERN DISTRICT OF NORTH RALEIGH DIVISTON 1., Plainti ffs , his capacity eral of North DefendanLs. CIVIL ACTION NO. 81-803-Crv-5 SUPPLEMENT TO COMPLAINT 81, after the Complaint was filed in this arolina General Assembly convened, ionment of the North Carolina House of ch it had enacted in Ju1y, 198I, and tionment. The new apportionment was ce with the provisions of the North on which prohibit dividing counties in f the House of Representatives even on had not been precleared as required by ghts Act of 1965r ds amended. In addi- ted still has a large range of population sentative. Thus plaintiffs remain under- House of Representatives in violation of e vote" requirement of the equal protec- Fourteenth Amendment to the United States Ily, the new apportionment continues to black citizens in violation of 52 and 55 s Act, the Fourteenth and Fifteenth nited States Constitution and 42 U.S.C. IN TH RALPH GINGLES, Qt RUFUS EDMISTEN, as the Attorney Carolinar €t aI., I. INTRODUCTION In October, action, the North repealed the appo Representatives w enacted a new ap enacted in accorda Carolina constitut the apportionment though that provis 55 of the Voting tion, the plan ado deviation per repr represented in th the "one person-- tion clause of th Constitution. Fi dilute the vote o of the Voting Righ Amendments to the s19Bl. Complaint refer Carolina House o Supplemental contained in t.he 16, rg81. II. 85. Assembly purpose Carolina Senate. 86. fn res action, the Gene tionment of the contained in Cha 87. On Oct Assembly enacted entitled I'An Act Carolina House o 1130" ). A true to this Suppleme Article II SS3 ( 3 ) to the Attorney under s5 of the U.S.C. S1973c (fr Defendants suppl September 28, 19 89. Defend fiting of the Co The allegati s contained in this Supplemental the new apportionment of the North Representative. The allegations in this aint are in addition to the altegations laint filed in this action on September COUNT E: REVISED APPORTIONMENT OF' THE NORTH NORTH On Oct ( hereaf ROLINA HOUSE OF REPRESENTATIVES r 29, 1981, the North Carolina General_ of rea r "the General Assembly,,) convened for the tioning the districts of the North 88. On Sep er 22, 1981, defendants submitted House o Represenlatives and the North Carolina se to the filing of the Complaint in this I Assembly repealed the JuIy, t9B1 appor- rth Carolina House of Representatives as er 800 of the Session Laws of 1981. r 30, 1981, the North Carolina General hapter 1130 of the Session laws of 1980, t,o Apportion the Districts of the North Representat ive s " ( herea f ter ,,Chapter d accuraLe copy of this bill is attached aI Complaint as Exhibit A. and 5 ( 3 ) of the North Carolina Constitution neral of the United States for preclearance ting Rights Act of 1965 r ds amended , 42 af ter "S5 of the Voting Right,s Act,') . nted this submission on September 24 and ts made this submission in response to the laint in this action. -2- 90. Chapter Article II, S5(3) though the Attorn objected to or ap Carolina Constitu Act. 91. The a Representatives c a population rang Guilford County district composed this results in a district size of 92. Plainti by the apporti tatives as enact 93. The Gen to it plans for a Carolina House of of population dev 94, On or a submitted to the preclearance unde yet been objected 95. During Carolina General Carolina Senate w 96. During Carolina General Carolina Sentrte w deviation of less by the North Caro 1130 was enacted in accordance with of the North Carolina Constitution even y General of the United States had not roved Article II, 55(3) of the North ion pursuant to 55 of the Voting Right,s rt,ionment of the North Carolina House of ntained in Chapter 1130 has districts wit,h from 45r308 people per representative in 52 t947 people per representative in the of Cherokeel Clay, Graham and tvlacon Counties; overall range of deviation from the ideal 5.61t. fs Gingles and Moody are underrepresented nt of the North Carolina House of Represen- in Chapter II30. ral Assembly had before it and available portionment of the districts of the North Representatives which had overall ranges ation of less than 10t. ut November 4, t98l, Chapter ttorney General of the United 55 of the Voting Rights Act; to or approved. he October 29, 1130 was States for it has not L98l Session of the North apportionment of the North of the North for the North population were rejected sembly no new s enacted. he October 29, 1981 Session sembly, apportionment plans ich haci an overall range of than 10t were considered and ina Senate. -3- 97. Carol ina dered and minority A. During General re j ect vote Ie Ninth Cl he October 29, I9BI Session of the North ssembly, the llorth Carolina Senate consi- apportionment plans which diluted than the enacted plan does. im for Relief fs' nineth claim is brought pursuant to 42 force the equal protection clause of the nt to the United States Constitution. rtionment of the North Carolina House of described in paragraphs 85-94 above results ng underrepresented, does not comply with ne vote" requirement for legislaLive denies plaintiffs their right to equal e Fourteenth Amendment to the United 98. Plainti U.S.C. S1983 to Fourteenth Amend 99. The ap Representatives in plaintiffs' b the "one person apportionment, a protection under States Constitut 100. Plaint and 55 Voting Ri SS1973 and 1973c. 101. Chapte enacted in accor Carolina Constit precleared under 102. The in North Carolina H 1130 of the Sessi black cit.izens their vote effec C. Elevent 103. Plaint pursuant to 42 U. clause fo the Fo to the United St s1981. B. Tenth C 1 for ReIiefm ffs I ts Tenth claim Act of 1965, brought pursuant to S2 amended, 42 U.S.C. 1S AS 1130 of the Session Laws of I9B1 was nce with Article II, S5(3) of the North ion even though that section has not been 5 of the Voting Rights Act and is unenforcable. nt and effect of the apportionment of the se of Representatives enacted in Chapter Laws of 19BI is to dilute the vote of to deny plaintiffs their right to use veIy. Claim for ReIief fs' Eleventh claim for relief is brought .C. S1983 to enforce the equal protection teenth Amendment and the Fifteenth Amendment es Constitution and pursuant to 42 U.S.C. -4- 104. The int North Carolina Ho 1130 of the Sessi black citizens an their vote effect III. SUPPLE WHEREFORE pl 1. Grant th this action; House of Represen North Carolina Se protection clause States Constituti representation di defendants from or certifying the apportionment and future which has equal in size; 3. Declare House of Represen Carolina Session and denies plaint their vote effect and s5 0f the vot of the Fourteenth Constitution, and defendants from certifying the re tionment and from which has the pu black citizens. intiffs pray that relief prayed for the Court: in the Complaint in nt and effect of the apportionment of the se of Representatives enacted in Chapter n laws of 1981 is to dilute the vote of to deny plaintiffs their right to use vely, ENTAL PRAYER FOR RELIEF 2. Declare at apportionment of the North Carolina atives as enacted in Chapter 1130 of the sion Law.s of 1981 violates the equal of the Fourteenth Amendment to the United because the apportionment does not have tricts which are equal in size and enjoin rticipating in, supervising, conducting, results of any election pursuant to this from enacting any apportionment in the epresentat.ion districts which are not hat the apportionment of the North Carolina atives as enacted in Chapter 1130 of the North ws of 19BI dilutes the vote of black citizens ffs and other class members the right to use vely because of their race in violation of 52 ng Rights Act of 1965r Ers amended, in violation and Fifteenth Amendments ot the United States in violation of 42 U.S.C. S19BI and enjoin rticipating in, supervising, conducting, or ults of any election pursuant to this appor- enacting any apportionment in the future se or effect of diluting the vote of 4. Award t attorneys I fees, 5. Grant s h u and appropriate. rhis l3 da : costs of this action, including reasonable Eo plaintiffs; and :h other and further relief as may be just I of November, 1981. LESLIE J. WINNER Chambers, Ferguson, Watt, Wa1las, Adkins & Fu1ler, p.A. 951 South Independence Boulevard Charlotte, North Carolina ZBZO2 704/37s-8461 JACK GREENBERG JAMES M. NABRIT, III NAPOLEON B. WILLIAMS, JR. 10 Columbus Circle New York, New york 10019 202/585-8 397 Attorneys for plaintiffs 0 t,7nzO- -6- GENEP'1. ASSEMBLY OF NORTH C']OLINA SESSION 1981 RATIFIED BILL C5APTER 1130 EOI'SE BILL 1428 IN. ICT IO APPORTIOT TEE DISTBTCTS O? TEE trOBTE CI,ROLIXI EOIISE OP BEPBESENTATIYES. The Geoeral. l,sseubly of Xorth Carolina enacts: Section 1- G.S. 120-2 is recritten to reail: ns 120-2. Eogse apportionuent specifieil.--For the purpose of nouinating ancl electing renbers of the f,orth Carolina Eouse of lepreseatatives in 1982 aDdl perioclically thereafter, the State of shall el.ect tro Eepreseutatives. District 2 shall consist of Beaufort anrl Eytle Counties, aDcl shal.J- elect one Bepreseutative. ' District 3 shall consist of Crayen, Lenoir, and panlico Counties, anil shall eJ.ect three.Representatives- Distri.ct $ sball cousist of Carteret antl ouslov Counties, ancl shall elect three Represeutatives. District 5 shall consi,st of Berti.e, Gates, Ealifar, Hertforcl, lartin, and llorthaupton Counties, anA shaII elect three ltepy6oont at lvas. .. , District 6 sha I1 cousist of Eilgeconbe, f,ash, aucl lilson ( \ Couuties, and shall elect four Representatives. I., t, a, Xorth Carolina shall be ili.vicletl into the folloving'ilistrlcts: ,.( District 1 shall consist of Canclen, Chofan, Currltuck, Dare, EXHIBIT A (5 pages) District 7 shall C st of Greene ancl pitt cf-. 'i"=, aucl sha1l : ' t elect tvo RepreseBtati.ves. District 8 shalr cousist of Bayne county, and sharr erect tro C Represent at ives . District 9 shall consist --of Dup1iu antl Jones Couuties, ancl shall elect oDe Representative. District 10 . sbal1 coasist of Blaclen, peucler, ancl sanpson Counties, anrl shall elect tro Representatives. Di-strict 11 shal1 consist of Brunsvick and ller Hanover Couuties,auclsha11eIectthreeRePreseDtatives. District 12 shall cousist of Colunbus County, antl shall elect one Representative. District 13 shall consist of Robeson, Hoke, ancl scotrand Counti-es, and shall elect three Represeutatives. _- District 1E shall consist of Cunberland County, and shall elect five Representatives. I..t'l a District 15 shall consist of Harnett anrl Lee Counties, and shall elect tro Represeutatives. District 16 shall consist of ?ranklin an<I Johnston Counties, ancl shall elect tro Representatives. District 17 shall consist of flake County, and shal1 elect six Represeatatives- District 18 shall consist of casverr, Graaville, person, vance, and flarreu counties, ancl shall elect tbree Representatives. District 19 shalI consist of Durhan County, and shall elect three Represent atiyes. House Bill 1428 I : District 20 shalr consist of chatban, orauge, ald Rauclorph Counties, aud shall elect four Bepresentatives. District 21 shall cousist of lloore County, anit sha1l elect one Represent ative. District 22 shall consist of Richnonrl County, and shal1 elect one Represeutative District 23 shall consist of lnson aud tlontgonery couuties, and shal1 elect oue Bepresentative. District 24 shall consist of Cabarrus anct Uuion iounties, aucl sha11 elect three Bepresentatives. District 25 shall consist of Stanly County, antl shall elect oue Bepreseutative- District 26 shall cousist of Davidson ancl Davie Counties, aucl sbal-I- elect three Representatives. District' 27 shall consist of Roran County, and sha1l elect tvo( District 28 shaIl consist of llanance County, and shall elect tvo Eepreseatatives. District 29 shall consist of Guilforct County, aucl shall elect seven BePreseDtatives. Distri.ct 30 shall cousist of alreghany, Rockingban, Stokes, ancl surry counties, anil shall elect four Representatives. District 31 shall coasist of Porsyth couDty, ancl shall elect five Bepreseutatives- District 32 shall consist of lsbe, avery, calclvell, llitchelr, Eatauga, Filkes, aucl radkin counties, ana shall elect five Represent atives House Bill 1t128 .( District 33 "n"r\- ;ousi-st of alexander, Btrx", catavba, and rreclell couoties, ancl shall elect six Bepreseutatives. District 3lt shall consist of tlecklenburg County, ancl sha1l elect eight Represeutatives. District 35 shaIl consist of Gaston ancl Liucoln couutles, antl shall elect four Representatives District 36 shall consist of Clevelantl, PoIk, and Rutherforcl couuties, ancl shall consist of three Represetrtatives; District 37 shall consist of ltcDovelL antl yancey counti.es, ancl sha1l elect otre Eepresentative. District 38 shalI consi-st of Bunconbe, Henderson, aucl Transytrvania counties, ancl shalr erect five Bepresentatives. Distri-ct 39 shalI cousist of Hayroocl, Jackson, Haclison, ancl svain counties, antl sha1l elect tro Rep_resentatiyes. District 40 sharl consist of cherokee, cIay, Grahan, ana Haco1 I I : sec- 2- 1981 session Lays chapter g0o is repealed. sec- 3- (a) Notvithstancting G.s- 153-IOG or any otber provision of lav to the coutraryr the filing period uuder Article 10 of General Statutes Chapter 153 for legislative offices (State seuate, state House of Bepreseutatives, ancl u- s- House of Bepresentatives) for the fi.liug year 19g2 ouly, shalI counenee at 12:00 noon on Honclay, pebruary 15, 19a2, and, shalr expire at 12:00 noon on ltou:lay, llarch 1, 1992. (b) fn aclilition, the State Boarcl of Elections is bereby authorizecl to establish the opening clate for issuance of abseutee ballots to be votecl iu tire 1gB2 Prinary Election ancl saicl Boarcl House Bill 1428 C ( shall establish a beginning tlate as earl.y as practi.cable peuctiug the printing of the ballots. such opening itate sharr arso apply to any referendun or election held on the date of the prinary electi.on. lbsentee ballots authorizetl uncler G.s. 163-ZZ?1b] (1) ancl G.s. 163-227(b) (4) sha-ll be covered uniler the authori.ty specified herein. (c) The authority establishett ia this secti.on shall terminate folloving the coniluct of the ttay tt. 19g2, priuary elections. Sec- tt- This act is effective upon ratification. fn the General lssenbly reacl three times anrl ratified, this the 30th ilay of October, 1981. President of tbe Senate LfqTaN B. RAMSEY Liston B. Bausey Speaker of the House of Representatives t House Bill 1428