Memorandum from Lani Guinier to Appeals Committee Re: Smith v. City of Pine Bluff and Sherpell v. Humnoke School District

Public Court Documents
January 15, 1986

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Memorandum from Lani Guinier to Appeals Committee Re: Smith v. City of Pine Bluff and Sherpell v. Humnoke School District preview

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  • Legal Department General, Lani Guinier Correspondence. Memorandum from Lani Guinier to Appeals Committee Re: Smith v. City of Pine Bluff and Sherpell v. Humnoke School District, 1986. eb70b279-e992-ee11-be37-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/606a77c7-acd7-4738-a719-5117bb478b5e/memorandum-from-lani-guinier-to-appeals-committee-re-smith-v-city-of-pine-bluff-and-sherpell-v-humnoke-school-district. Accessed May 13, 2025.

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    January 15, 1986

Memo to:

From :

Appeals Committee

Lani Gui.nier

Smith v. City of Pine B1uff
(e.o. Arkansas, No. PB-C-83-342)
(Cooperating attorney Les Hollingsworth)

Sherpell v. Humnoke School District
-iilS.-arra(Cooperating attorney John Walker)

I recommend that we participate in the appeals to the 8th
Circuit of these two voting cases. I am prepared to write
the briefs in both cases.

Smith v. City of Pine Bluff

I recommend we participate as appellants in the
appeal from the district courtrs December 5, 1985
Order Dismissing the Complaint. Plaintiffs alleged
violations in the at large election scheme of 52 of
the Voting Rights Act and the 14th and 15th Amendments.
The City of Pine Bluff is almost 50t b1ack, Yet only
one of 8 city council members has ever been black.
After the complaint was filed, the city initiated a
successful referendum to change the election scheme
to single member districts with staggered terms.
Before the city adopted any remedial plan, the court
dismissed the complaint. Although the pleadings are
not models of clarity, the court acted precipitously
in dismissing the complaint. The court apparently
assumed that the change to any single member plan
eliminated the violation and left plaintiffs' without
a cause of action.

Lee Hollingsworth is requestng our fulI participation
in the appeal. His motions for reconsideration and
for further relief have been d,enied by the district
court. A copy of the court's December 5, 1985 Order
is attached.



-2-

Sherpell v. Humnoke

This case involves an appeal by defendant'
school board from a finding of unconstitu-
tionality in the election method for members
of the board. The court found that many
problems plaintiffs complained of regarding
student discipline, etc., stemmed from an
intentionally discriminatory at large d'istrict-
ing pIan.

A copy of the district court opinion- is
attaihed. I don't know why a 52 violation h'as
not alleged. John Walker requests our assist-
ance sub rosa on appeal. The district court
has rffis&-nimself from any LDF cases for 6

years.

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