Order Approving Etowah County's Settlement; Consent Decree Concerning Etowah County

    FILED 
IN THE UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABMA 
NORTEERN DIVISION MAR 1 7 1886 

THOMAS C. CAVER, CLERI 
  BY   

DEPUTY CLERK JOHN DILLARD, et al., ) 

Plaintiffs, ) 

vs. ) CA NO. 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, ) 
et al., 

Defendants. ) 

ORDER TENTATIVELY APPROVING ESCAMBIA COUNTY COMPROMISE 
A REQUIRIN TICE TQ THE CLA 

At a conference in chambers on March 17. 1986 > 
  

counsel for the Escambia County parties informed the Court that 

they had reached a final compromise and settlement of this action 

and sought this Court's tentative approval of its terms. Under 

the terms of the proposed settlement the parties have agreed to 

the entry of an injunction requiring that elections for the 

Escambia County Commission be conducted from single-member 

districts while allowing the incumbents to serve their full terms 

of office. Pursuant to 233(b)(2), F.R.C.P., the Court certifies 

the plaintiffs as representatives of the class of all black 

citizens of Escambia County. 

The Court is of the opinion that the proposed Consent Decree 

 



  

filed with said Motion is due to be and hereby is approved 

tentatively, subject to any objections by members of the class, 

and that pursuant to Rule 23(e) Fed.R.Civ.P., notice of this 

proposed compromise should be given to the members of the class 

of black citizens in Escambia County, Alabama. 

Accordingly, it is hereby ORDERED that the Defendant 

Escambia County, Alabama, cause the notice attached to this order 

to be published in the Brewton Standard once a week for three 

successive weeks prior to April 14, 1986 , 1986. 
  

It is further ORDERED that copies of the attached notice 

shall be provided by the Defendant Escambia County, Alabama, to 

representatives of all local radio and television stations and 

all representatives of media and black community organizations in 

Escambia County who may request a copy thereof. 

Thereafter on April 18 ., 10868, at 
  

3:00 o'clock _P .m. this Court shall conduct a hearing in 
  

the federal courthouse of Montgomery, Alabama, to consider 

objections by members of the class to the proposed compromise and 

settlement. 

  

DONE this_l/thday of March , 108.6. 

  

UNITED STATES DISTRICT JUDGE 

 



  

FILED 
IN THE UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABMA 

    

NORTHERN DIVISION MAR 1 7 1986 

STIUMAS C. CAVER, CLERI 
JOEN DILLARD, ef al... ) DEPUTY CLERK 

Plaintiffs, ) 

vs. ) CA NO. 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, ) 
et al., 

Defendants. ) 

TICE OF PROPOSED ESCAMBIA TY SETTLEMENT 

TO: ALL BLACK CITIZENS OF ESCAMBIA COUNTY, ALABAMA: 

In this class action brought by Ullysses McBride, John 

T. White, Willie McGlasker, William America amd Woodrow McCorvey, 

on behalf of themselves and all black citizens of Escambia 

County, Alabama, challenging the election system for the Escambia 

County Commission, the named plaintiffs and the Defendant 

Escambia County, Alabama, and its officers have informed this 

Court that they wish to compromise and finally resolve this 

lawsuit on the following basis: 

l. A final injunction would be issued against the 

 



  

conduct of further elections of Escambia County Commission under 

the at-large election scheme provided by state law. 

2. Pursuant to the terms of the proposed consent 

agreement, the method of electing members of the Escambia County 

Commission will be changed from ab-lared to single-member 

districts. Elections will be conducted in Ssingle-member 

districts numbered one, three and five in 1986. The two incumbent 

at-large commissioners and the at-large chairman whose terms 

expire in 1989 will be allowed to serve out their terns. The 

first elections in two single-member districts numbered two and 

four will be held in 1088. 

S. The parties have agreed to a plan for the 

single-member district boundaries. Maps showing the boundaries 

of the five single-member districts will be available for you to 

view during normal business hours at the Escambia County 

Courthouse in Brewton prior to the time this consent decree is 

finally approved. 

4. Plaintiffs are the prevailing parties in this action 

and are entitled to recover reasonable attorneys’ fees and 

expenses. The amount of such attorneys’ fees and expenses will 

be determined by the Court following final approval of the 

proposed compromise. Fees and expenses have not been part of the 

negotiations leading to this proposed settlement. 

5S. The Court has tentatively approved the settlement of 

 



  

this case on the basis stated above. However, because this 

lawsuit is a class action, this Court has the responsibility of 

insuring that the interests of the entire class of black citizens 

are adequately protected in any proposed compromise or settlement 

before giving its final approval to the settlement. Accordingly, 

if any black citizen of Escambia County, Alabama, objects to the 

above proposed compromise and final resolutiom of this lawsuit, 

he or she should set out the objection in writing, identifying 

this case by its name and number, and by mailing the written 

objection to Mr. Thomas C. Caver, Clerk of the United States 

District Court, Middle pistriet of Alabama, P. O, Box 711, 

Montgomery, Alabama 36108, or by delivering each objection to the 

Office of the Clerk, Second Floor, U. S. Courthouse, Montgomery, 

  

Alabama, on or before _l6th day of April y 1985, 

In addition, this Court will conduct a public hearing on_18th day 

of April , 1986, at 3:00 o'clock p_.m., at   
  

which time it will consider all objection from members of the 

Plaintiff class to the proposed settlement, whether made in 

writing or in person with such to be held in the courtroom on the 

fourth . floor of the aformentioned U.S. Courthouse. 

DATED this _l7th day of March , 1986. 
  

  

UNITED STATES DISTRICT XXUDRECLERK