Answer Denying Defendants Motion to Dismiss

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Motion to dismiss was denied

Impact area
- Political Participation
Topic
- Voting Rights
LDF Attorneys
Cooperating Attorneys
- Larry T. Menefee
- James U. Blacksher
Organizations
- LDF
- Blacksher, Menefee & Stein
Matter
- Dillard v. Crenshaw County
Case
- Dillard v. Crenshaw County
U.S. state
- Alabama
Collection
- Case Files
Taxonomy
Identifier
- 920c1f9a-b8d8-ef11-a730-7c1e5247dfc0

Cite this item

Case Files, Dillard v. Crenshaw County Hardbacks. Answer Denying Defendants Motion to Dismiss, 1986. 920c1f9a-b8d8-ef11-a730-7c1e5247dfc0. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/5ccdcd24-1d90-4791-b5ab-fc695c30612b/answer-denying-defendants-motion-to-dismiss. Accessed July 10, 2025.

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    FILED 

DEC § 198% 

IN THE UNITED “STATE DISTRICT COUR HOMAS C. CAVER; CLE 
FOR _THE, MIDDLE BISTRICT OF ALABAMA —==— 
"Bs ij i DXVISTION SIG Hp 

PAUL T. DIGGS; THOMAS 
HAWTHORNE, AND LOCY BAKER: 
ON BEHALF OF THEMSELVES "AND. 71 <( 

OTHER SIMILARLY SITUATEDCISTRICTO 
PERSONS, 

p
e
 

pt
 

L
o
 

PLAINTIFFS, 

Vv. CIVIL ACTION NO. 85-V-1331-S 

HENRY COUNTY, ALABAMA, QUA 
COUNTY; BR. H. McSWEAN, BRUCE 
SHELLEY, HOLT STOKES, LAMAR 
SPIVEY AND MARVIN TURNER, IN 
THEIR OFFICIAL CAPACITIES AS 
MEMBERS OF THE HENRY COUNTY 
COMMISSIONER'S COURT, CONNIE 
BURDESHAW, IN HER OFFICIAL 
CAPACITY AS CIRCUIT CLERK; 
AND J, F. WELCHER IN HIS 
OFFICIAL CAPACITY AS SHERIFF 
OF HENRY COUNTY, 

MOTION DERIED 
ne 30 pry oF December , 12.83 

~T  Uniten STATES DISTRICT wry ; 

ANSWER 
FIRST DEFENSE--Motion to Dismiss 

  
  

  DEFENDANTS. 

The Defendants move to dismiss the complaint filed in this 

action on the grounds that it fails to state a claim against said 

Defendants upon which relief can be granted. Said Defendants 

serve as office holders in Henry County, Alabama, having been 

elected to such offices and now holding such offices under and by 

virtue of the Constitution and laws of the State of Alabama. 

Said Defendants have no authority to modify, amend or revoke the 

laws which created their respective offices. They have no 

authority to change the system of election, to change the form of 

 



Ay . ~ TARON 

! OFFICE OF THE CLERK 

UNITED.STATES DISTRICT COURT 

2 P. 0. BOX 711 

MONTGOMERY, ALABAMA 36101 

OFFICIAL BUSINESS 

PENALTY FOR PRIVATE USE $300 

POSTAGE AND FEES PAID 

UNITED STATES COURTS 

usc 426 

Deborah Fins, Esquire 

Julius L. Chambers, Esquire 

Legal Defense Fund, NAACP 

1900-Hudson St., 16th Floor 

New York, N.Y. 10013 
A 

  
- 

p—p———— 1}

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Answer Denying Defendants Motion to Dismiss

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