Correspondence from Tidwell to Clerk

    HAND, ARENDALL, BEDSOLE, GREAVES & ®.. 

LAWYERS 

3000 FIRST NATIONAL BANK BUILDING 

R O. BOX I23 
C. B. ARENDALL, JR. EDWARD A. HYNDMAN, JR. 

T. MASSEY BEDSOLE MICHAEL D. KNIGHT MOBILE, ALABAMA 

THOMAS G. GREAVES, JR. G. HAMP UZZELLE, I CHAS. C. HAND 

VIVIAN G. JOHNSTON, JR. G.L.LEATHERBURY, JR. 36601 
PAUL W. BROCK WILLIAM C.TIDWELL,I 
ALEX F LANKFORD, II WILLIAM C. ROEDDER, JR. (205) 432-5511 

EDMUND R. CANNON EDWARD S.SLEDGE,II 5 
LYMAN F HOLLAND, JR J. HODGE ALVES,II TELEX: 5O5430C 
J. THOMAS HINES, JR. CAINE O'REAR,II CABLE! HAB 

DONALD F PIERCE RONALD L.DAVIS 
LOUIS E. BRASWELL VIVIAN G. JOHNSTON, II September 16 r 19 80 

HAROLD D. PARKMAN W. ALEXANDER MOSELEY 
G. PORTER BROCK, JR. KATHY DUNSTON JONES 

STEPHEN G. CRAWFORD NEIL C. JOHNSTON 
JERRY A. MCDOWELL GEORGE M.WALKER 
W. RAMSEY MCKINNEY, JR. DAVIS CARR 

A.CLAY RANKIN, IIL 

(18920-1280) 

Mr. Gilbert F. Ganacheau, Clerk 
United States Court of Appeals 

For The Fifth Circuit 
600 Camp Street, Room 102 
New Orleans, Louisiana 70130 

Re: Wiley L. Bolden, et al. v. 
City of Mobile, et al. 
Case No. 76-4210 
  

Dear Mr. Ganacheau: 

We request that this supplemental letter brief be sub- 
mitted to the panel currently considering this case on remand 
from the Supreme Court. Copies have been served on counsel 
for all opposing parties. 

On behalf of the Defendant City of Mobile, et al., we 
wish to call the panel's attention to a recent decision by 
another panel of the Fifth Circuit in the case of United 
States v. Uvalde Consolidated Independent School District, 

F.24 (slip opinion September 2, 1980). Although 
Defendants do not agree with all said in that opinion, it 
contains a detailed consideration of the Supreme Court's 
Bolden decision, and strongly supports the City of Mobile's 
position as to its meaning and effect with regard to what 
further proceedings are appropriate in this case. 

  

In an opinion authored by Judge Rubin, the majority of 
the Uvalde panel (the third member, Judge Hill, concurred in 
the result) clearly reads the Bolden Supreme Court majority 
as holding not only that incorrect legal principles had been 

applied by the lower courts, but also that under the correct 
legal principles the evidence presented by the Plaintiffs 
failed as a matter of proof to make the necessary factual 
showing. For example, Judge Rubin said:  



Mr. Gilbert F. Banacheau, Clerk 

September 16, 1980 
Page 2 

  

Thus, the [Bolden] plurality's 
rejection of the fifteenth amendment 
and § 2 claims in Bolden may rest 
entirely upon the conclusion that 
no discriminatory motivation was 
shown. 

  

  

Slip Opinion at page 9084 (emphasis added). 

In fact, the Uvalde decision goes even further and 
suggests that the Bolden decision by the Supreme Court is 
basically an evidentiary rather than a legal decision and 
that the Supreme Court majority essentially agreed with this 
panel's legal principles enunciated in Bolden but disagreed 
with its finding that sufficient evidence was presented to 
satisfy those legal standards. Judge Rubin said: 

Although only Justice White appears 
to have wholly adopted this court's 
reasoning in Bolden, a majority appears 
to agree with the legal principles set 
forth in our Bolden opinion but not 
with their application to the evidence 
presented. 
  

  

Slip Opinion at 9085 n.8 (emphasis added). 

Thus, as has been strenuously argued in our previous 
brief, the Bolden majority found as a factual matter that 
the evidence presented in this case did not prove a viola- 
tion of the constitutional or statutory rights (i.e., the 
fourteenth amendment, fifteenth amendment, or § 2 of the 
Voting Rights Act) of the Plaintiffs. Plaintiffs having 
had their day in court and having failed to carry their 
burden of proving the essential factual elements of their 
claim, this action is due to be dismissed. 

Very truly yours, 

4 

William C. Tidwell, III 
For The Firm 

WCT .wh 

cc: J. U. Blacksher, Esquire 
Edward Still, Esquire 
Jack Greenberg, Esquire «+ 
Honorable Wade H. McCree, Jr. 
Drew S. Days, III, Esquire 
Honorable Virgil Pittman