Complaint

    pin ght 850 TREES Er ery Arp 0 ag SH 10 

ED 

REC La i ¥ 

BY 

FILED 

NOV 12 1965 
Hy RE : —— 7S DISTRICT COURT FORIOMAS C. CAYER, CLERK 

MID 
NORTHERN DI 

B.S. Li, 

JOHN DILLARD mind. HAVAAD ROCHBYRG, 
on behalf of themselves and other 
similarly situated persons, 

Plaintiffs, 

vs. 

CRENSHAW COUNTY, ALABAMA, qua COUNT 
IRA THOMPSON HARBIN, JERRY L. 
REGISTER, AMOS MCGOUGH, EMMETT L. 

SPEED, and BILL COLQUETT, in their 
official capacities as members of 
the Crenshaw County Commission; IRA 

THOMPSON HARBIN, in his official 
capacity as Probate Judge; ANN TATE, 
in her official capacity as Circuit 

Clerk; and FRANCES A. SMITH, in his 
official capacity as Sheriff of 
Crenshaw County, 

Defendants. 

TRICT OF 

XY: 

VISION 

COMPLAINT   

  

Jurisdiction. of this court is 

sections 1331 and 1343. This is a 

the Constitution of the United Stat 

fifteenth amendments and 42 U.S.C. 

invoked pursuant to 28 U.8.C. 

ALABMA   
DEPUTY CLERK 

r ono. Br L122. J   

iB. 

sult in equity arising out of 

es: the fourteenth and 

sections 199 
Rd 

i), 1983 and 1988. 

 



  

This is also an action for declaratory judgment under the 

provisions of 28 U.S.C. sections 2201 and 2202. 

Ii. 

Clags Action 

Plaintiffs bring this action on their own behalf and on 

behalf of all other persons similarly situated, pursuant to Rule 

23(a) and 23(b)(2), Federal Rules of Civil Procedure. The class 

vhich plaintiffs represent is composed of all black citizens of 

Crenshaw County, Alabama. All such persons have been, are being, 

and will be adversely affected by the defendants’ practices 

complained of herein. The class constitutes an ldentiflable 

social and political minority in the community who have suffered 

and are suffering invidious discrimination. There are common 

questions of law and fact affecting the rights of the members of 

this class who are and continue to be deprived of the equal 

protection of laws because of the election system detailed 

below. These persons are so numerous that joinder of all members 

is impracticable. There are questions of law and fact common to 

Plaintiffs and the class they represent. The interest of sald 

class 1s fairly and adequately represented by the named 

Plaintiffs. The defendants have acted or refused to act on 

grounds generally applicable to the class, thereby making 

appropriate final injunctive relief and corresponding declaratory 

 



  

relief with respect to the class as a whole. 

III. 

Plainti ffs 

Plaintiffs John Dillard and Havard Richburg, are black 

citizens of Crenshaw County, Alabama, over the age of twenty-one 

years. 

Iv. 

Defendants 

A. Crenshaw County is a political subdivision of the State 

of Alabama. 

B. Ira Thompson Harbin, Jerry L. Register, Amos McGough, 

Emmett L. Speed, and Bill Colquett, are presently the elected 

members of the Crenshaw County Commission and are sued in their 

official capacities as members of said Commission. They exercise 

the general administrative and legislative authority of Crenshaw 

County. 

C. Defendants Ira Thompson Harbin, Ann Tate and Frances A. 

Smith are sued in their official capacities respectively as, 

Probate Judge, Circuit Clerk and Sheriff of Crenshaw County, 

Alabama. Together, these county officials act as an election 

board to supervise and conduct elections for, inter alia, the 

Crenshaw County Commission. Ala. Code, section 17-6-1 (Supp. 

 



  

1985). 

A. Crenshaw County is governed by five commissioners. The 

probate judge serves as chairman of the County Commission. The 

Commissioners are elected at large by the qualified voters of the 

County for four-year terms. The elections are partisan, that is 

to say, that candidates are nominated by their respective 

political parties through party primary elections. The election 

system utilizes numbered places with a majority vote, runoff 

requirement. This election system is povided for in Act No. 112 

of the 1971 Alabama Legislature. 

B. The next regularly scheduled election for Crenshaw County 

Commission is 1986. 

C. According to the 1980 census, Crenshaw County has a 

Population of 14,110 persons, of which 3,378 or 28.5% are black. 

The census also shows black citizens of Crenshaw County suffer 

unemployment at a rate three times the rate of white citizens, 

black citizens finish high school at a rate less than two-thirds 

the rate of white citizens and black citizens have incomes below 

poverty level at a rate almost two and one-half times the rate of 

white citizens. 

D. All of the present officeholders of the Crenshaw County 

Commission are white. There has never been a black citizen in 

 



  

history elected to the Crenshaw County Commission. Black citizens 

have not even sought election for county-wide office because of 

the futility and discouragement of such an effort in light of the 

electoral, social and financial barriers. 

E. The present at-large election system for the Crenshaw 

County Commission, utilizing numbered places with ma jority-vote 

runoff requirements was enacted for the purpose of discriminating 

against black citizens and presently sO operates. As a result of 

such purpose and effect, the voting strength of black citizens of 

Crenshaw County is diluted or minimized by the white ma jority. 

F. Black citizens in Crenshaw County, Alabama, have been 

subjected to official discrimination directly in their attempts 

to participate in the political process through devices such as 

the poll tax, white primaries and participation as poll 

officials. Other forms of official discrimination such as denial 

of equal access to educational opportunities and employment 

opportunities have combined to perpetuate past electoral 

discrimination and to preclude black citizens from effectively 

participating in the election process. 

H. The Crenshaw County Commission has historically been less 

responsive to the needs of black citizens than they are to the 

needs of white citizens. This continued policy of being less 

responsive to the needs and rights of black citizens has further 

prevented blacks from effectively participating in the election 

 



  

process. 

I. As a direct result of these and other factors, the 

at-large election system utilized for Crenshaw County, Alabama 

County Commission as designed and/or as presently operated, 

denies black plaintiffs and the class of black citizens they 

represent, equal access to the political process leaving the 

nominations and elections to the Crenshaw County Commission 

fundamentally unfair, all in violation of their rights protected 

by the fourteenth and fifteenth amendments to the Constitution of 

the United States; the Voting Rights of 1965, 42 U.S.C. section 

1973; and the Civil Rights Act of 1871, 42 U.S.C. section 1983. 

vI. 

Plaintiffs and the class they represent have no plain, 

adequate or complete remedy at law to redress the wrongs alleged 

herein and this suit for permanent injunction is their only means 

of securing adequate relief. Plaintiffs and the class they 

represent are now suffering and will continue to suffer 

irreparable injury from the unconstitutional election system 

described herein. 

WHEREFORE, plaintiffs respectfully pray that this court 

advance this case on the docket, order a speedy hearing at the 

earliest practical date, cause this action to be in every way 

 



  

expedited, and upon such hearing to: 

l. Grant the plaintiffs and the class they represent a 

declaratory judgment that the election system complained of 

herein violates the fourteenth and fifteenth amendments of the 

Constitution of the United States, and 42 U.S.C. sections 1973 

and 1983. 

2. Grant plaintiffs and the class they represent a temporary 

restraining order, preliminary and final injunction, enjoining 

the defendants, their agents, successors, attorneys and those 

acting in concert with them and at their direction from holding, 

supervising or certifying the results of any election for the 

Crenshaw County Commission under the present election system. 

3. Order the utilization of an election system for the 

Crenshaw County Commission which will provide equal access to the 

political process and will not debase, dilute, minimize or cancel 

the voting strength of black citizens of Crenshaw County, 

Alabama. 

4. Award plaintiffs and the class they represent their costs 

in this acion, including an award of reasonable attorneys’ fees 

and expenses, pursuant to 42 U.S.C. sections 1973 and 1988. 

5. Grant such other and further equitable relief as the 

court may deem just and proper. 

 



Faay of 1 proacbe. Respectfully submitted this JZ day of | - ' 

1985. 

  

  

BLACKSHER, MENEFEE & STEIN, P.A. 
405 Van Antwerp Bldg. 
P. O. Box 1051 
Mobile, Alabama 36633 
(R05) 433-2000 

~— 

/ TSN 
/ 

BY : J 1 for 
LARRY T. TMENEFEH 
JAMES U./ BLACKSHER 
WANDA J. COCHRAN 

  

TERRY G. DAVIS 
Seay & Davis 
732 Carter Hill Road 
P. O.. Box 8125 
Montgomery, Alabama 36106 

DEBORAH FINS 
JULIUS L. CHAMBERS 
NAACP Legal Defense Fund 
1900 Hudson Street 

16th Floor 

New York, New York 10013 

Attorneys for Plaintiffs