Amendment to Complaint to Conform to Plaintiffs' Motion for Additional Relief

    BLACKSHER, MENEFEE & STEIN, P.A. 

ATTORNEYS AT Law 

  

405 VAN ANTWERP BUILDING 

P. O 80X 1051 

MOBILE, ALABAMA 36633-1051 

JAMES U. BLACKSHER TELEPHONE 

ARRY T. MENEFEE Uavrd 5 aQ7 aGE) 439 

LAR March 5 . 1987 ( ) 433-2000 

GREGORY B. STEIN 

WANDA J. COCHRAN 

Thomas C. Caver, Clerk 
United States District Court 
Middle District of Alabama 
P. 0... Box 711 
Montgomery, AL 36101 

RE: Dillard, et al. v. Crenshaw County, Alabama, et al. 

Civil Action No. 80=l-1332~H i iii 

Dear Mr. Caver: 

Please file the enclosed "Amendment to Complaint to Conform 
to Plaintiffs' Motion for Additional Relief", pursuant to 
leave granted by order of February 23, 1987. 

We also enclose a summons and a stamped addressed envelope 
for each of the additional defendants, the State of Alabama 
(two summonses are provided, one for the Governor and one for 
the Attorney General), the Attorney General, the Talladega 
County Board of Education and the City of Childersburg. 
Attached to each summons are the following court documents 
to be served: 

5) or 

The Amended Complaint dated December 13, 1985, p
e
d
 

2. The Amendment to the Complaint filed this date I ) 

3. The district court's order dated October 21, 1986, 

4. Plaintiffs' Motion for Additional Relief and supporting 

brief dated February 26, 1987 

Best regards. 

Sincerely, 

BLACKS SHER, HUNRIRE x Spa P.A 

{| Keo A Le 3 
Jagies U. je 

  
eC (w/encl) All Counsel (Amended Complaint Only) 

 



  

IN THE UNITED STATES DISTRICT COURT FOR THE 
MIDDLE DISTRICT OF ALABMA 

NORTHERN DIVISION 

JOHN DILLARD and HAVARD RICHBURG 
of Crenshaw County; NATHAN CARTER, 
SPENCER THOMAS and WAYNE ROWE 
of Etowah County; HOOVER WHITE, 
MOSES JONES, Jdr., and ARTHUR TURNER 
of Lawrence County; DAMASCUS 
CRITTENDEN, Jr., RUBIN MCKINNON, and 
WILLIAM S. ROGERS of Coffee County; 
EARWEN FERRELL, C. L. BRADFORD and 
CLARENCE J. JAIRRELS OF Calhoun 
County; ULLYSSES McBRIDE, JOHN T. 
WHITE, WILLIE McGLASKER, WILLIAM 
AMERICA and WOODROW McCORVEY of 
Escambia County; LOUIS HALL, Jr., 

ERNEST EASLEY, BYRD THOMAS and 
POWELL REYNOLDS of Talladega County; 
MAGGIE BOZEMAN, JULIA WILDER, 
BERNARD JACKSON and WILLIE DAVIS 
of Pickens County, LINDBURGH JACKSON, 
CAROLYN BRYANT, and GEORGE BANDY, of 
Lee County, on behalf of themselves 
and other similarly situated persons, * 

O
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» 

Plaintiffs, * 

VS. * CA NO. 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, qua COUNTY; * 
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; FRANCES A. SMITH, in his * 
official capacity as Sheriff of 3 
Crenshaw County; ETOWAH COUNTY, 2 
ALABAMA, gua COUNTY; LEE * 

 



  

WOFFORD, in his official capacity as * 
Probate Judge; BILLY YATES, in his * 
official capacity as Circuit Clerk; * 
ROY McDOWELL, in his official * 
capacity as Sheriff of Etowah County; * 
LAWRENCE COUNTY, ALABAMA, qua % 
COUNTY; RICHARD I. PROCTOR, in his * 
official capacity as Probate Judge; * 
LARRY SMITH, in his official capacity* 
as Circuit Clerk; DAN LIGON, in his * 
official capacity as Sheriff of * 
Lawrence County; COFFEE COUNTY * 
ALABAMA, gua COUNTY; MARION * 
BRUNSON, in his official capacity as * 
Probate Judge; JIM ELLIS, in his * 
official capacity as Circuit Clerk; * 
BRICE R. PAUL, in his official capa- * 
city as Sheriff of Coffee County; ¥ 
CALHOUN COUNTY, ALABAMA, qua * 
COUNTY; ARTHUR C. MURRAY, in his % 
official capacity as Probate Judge; * 
R. FORREST DOBBINS, in his official * 
capacity as Circuit Clerk; ROY C. % 
SNEAD, Jr., in his official capacity * 
as Sheriff of Calhoun County; % 
ESCAMBIA COUNTY, ALABAMA, qua * 
COUNTY; MARTHA KIRKLAND, in her * 
official capacity as Probate Judge; * 
JAMES D. TAYLOR, in his official * 
capacity as Circuit Clerk; TIMOTHY * 
A. HAWSEY, in his official capacity * 
as Sheriff of Escambia County; * 

TALLADEGA COUNTY, ALABAMA, qua * 
COUNTY; DERRELL HANN, in his official* 
capacity as Probate Judge; SAM GRICE, * 
in his official capacity as Circuit * 
Clerk; JERRY STUDDARD, in his ¥ 
official capacity as Sheriff of X 
Talladega County; PICKENS COUNTY, * 
ALABAMA, gua COUNTY; WILLIAM H. * 
LANG, dr., in his official capacity * 
as Probate Judge; JAMES E. FLOYD, in * 
his official capacity as Circuit ¥ 
Clerk; and, LOUIE C. COLEMAN, in his * 
official capacity as Sheriff of x 
Pickens County; LEE COUNTY, ALABAMA, * 
qua COUNTY; HAL SMITH, in his * 
official capacity as Probate Judge of* 
l.ee County; ANNETTE H. HARDY, in her * 
official capacity as Circuit Clerk of* 
Lee County; and HERMAN CHAPMAN, in % 

 



  

his official capacity as Sheriff of * 

Lee County; the STATE OF ALABAMA; 5 

Don Siegelman, in his official * 

capacity as ATTORNEY GENERAL OF ¥ 

ALABAMA: the TALLADEGA COUNTY BOARD * 

OF EDUCATION, a political subdivision* 

of the State of Alabama; and the * 

CITY OF CHILDERSBURG, a political * 

subdivision of the State of Alabama, * 

Defendants. 
% 

AMENDMENT TO COMPLAINT TO CONFORM TO 

PLAINTIFFS’ MOTION FOR ADDITIONAL RELIEF 
    

  

pursuant to leave granted by this Court's order of 

February 23, 1987, the amended complaint filed on or about 

December 13, 1985, is further amended as follows: 

1. Plaintiffs amend thelr definition of the plaintiff 

class to include all black citizens of the local Alabama 

jurisdictions defined hereafter as the defendant class. 

dditional Defendants 

so. The State of Alabama 1s the governmental entity 

ultimately responsible for remedying the continuing effects in 

each of its political subdivisions of laws that violate the 

federal Voting Rights Act or the fifteenth amendment. BY 

exercise of its enforcement powers under the fourteenth and 

fifteenth amendments, Congress has made the State of Alabama 

subject to suit by these Plaintiffs under the Voting Rights Act. 

3 Defendant Don Siegelman is the duly elected Attorney 

General of the State of Alabama. He is sued in his official 

 



  

capacity. The Attorney General is a constitutional officer and 

member of the Executive Department of the State of Alabama. By 

law he is required to represent the State of Alabama in civil 

litigation which involves the interests of the state, 

particularly actions which allege that state statutes are 

unconstitutional. Ala. Code, sections 6-6-2227, 36-15-12, 

36-15-16, and 36-15-21. The Attorney General is also required by 

law to examine all state statutes to determine their compliance 

with the requirements of the Constitution and laws of the United 

States and to advise the elected officials of local jursidictions 

in Alabama about any question of law concerning their duties. 

Ala. Code, sections 36-15-1(5), 36-15-1(9), 36-15-18. 

4. Defendant Talladega County Board of Education is a 

political subdivision of the State of Alabama. It consists of 

five members all elected at large to numbered places. Although 

30% of Talladega County's population is black, there is no black 

person serving on the Talladega County Board of Education. 

5. Defendant City of Childersburg is a political 

subdivision of the State of Alabama. Childersburg is governed by 

a mayor and five council members, all of whom are elected at 

large to numbered places, and all of whom are white, even though 

26.3% of the city’s population is black. 

The Defendant Class 

 



  

6. Defendants Don Siegelman, who is sued in his 

official capacity only, the Talladega County Board of Education 

and the City of Childersburg are sued in their own behalf and on 

behalf of a defendant class consisting of the county boards of 

education and municipalities in Alabama listed in appendices A 

and B to this amended complaint. Plaintiffs have attempted to 

assess the impact of at-large elections in all county school 

districts and municipalities still using such election systems to 

determine where clear prima facie violations of the Voting Rights 

Act are occurring, in light of prior rulings in this action. 

Appendices A and B list the jurisdictions which, to plaintiffs’ 

knowledge, present clear violations of the Act. Plaintiffs do not 

concede that the election systems in jurisdictions not listed in 

the appendices comply with the Voting Rights Act, but allege only 

that any claims against them should proceed separately from this 

class action. 

7. The Court should certify the aforesaid defendant 

class pursuant to Rules 23(a) and 23(b)(2), Fed.R.Civ.P. There 

are common questions of law and fact affecting members of the 

Defendant class, the defenses of the representative defendants 

are typical of the defenses of the Defendant class, and the 

representative defendants will fairly and adequately protect the 

interests of the Defendant class. The Defendant class is so 

numerous that joinder of all members is impracticable. 

= 
J 

 



  

Additional Claims 

8. By its earlier rulings in this action, the Court has 

found that the State of Alabama manipulated the laws governing 

at-large election systems with the intention of discriminating 

against black citizens in all its local jurisdictions. 

9. The relief afforded by the outstanding judgments in 

this action remedies the effects of the unlawful state statutes 

in only a few of the local jurisdictions where violations are 

occurring. 

10. To provide complete relief from the Voting Rights 

Act violations found in this Court's rulings, it will be 

necessary to bring the State of Alabama before this Court as a 

party defendant. 

11. There are over 150 municipalities and county boards 

of education in Alabama whose governing bodies are elected by 

at-large methods which this Court has found to be tainted with 

the State's intentional discrimination and which represent 

Jurisdictions with substantial black populations. Where blacks 

are significantly underrepresented on these local governing 

bodies, there is a presumption based on this Court's existing 

findings that the at-large system violates Section 2 of the 

Voting Rights Act. 

 



  

WHEREFORE, plaintiffs pray that the Court will provide 

additional relief as follows: 

A. At the earliest practicable opportunity, schedule 

proceedings under Rule 23, Fed.R.Civ.P., to identify and certify 

plaintiff and defendant classes as alleged in this amended 

complaint. 

B. At the next earliest practicable opportunity, 

schedule a hearing to receive additional evidence that, based on 

the rulings this Court has already made, violations of Section 2 

of the Voting Rights Act exist in the municipalities and school 

districts in the defendant class. 

C. Following the determination that identified 

at-large local election systems in Alabama violate the Voting 

Rights Act, require the State of Alabama to propose a plan for 

remedying all said violations. 

D. Provide such other and further relief as the Court 

may deem just and equitable, including an award of plaintiffs’ 

attorneys’ fees and expenses. 

Respectfully submitted this 5th day of March, 1987. 

BLACKSHER, MENEFEE & STEIN, P.A. 
405 Van Antwerp Building 
P.O. Box 105] 
Mobile, AL 36633 
(205) 433-2000 

 



Larry T. Menefee 
BLACKSHER, MENEFEE & STEIN, P.A. 
Fifth Floor, Title Building 
300 Twenty-First Street, North 
Birmingham, AL 35203 

(205) 322-7300 

Terry Davis 
SEAY & DAVIS 
732 Carter Hill Road 
P. O. Box 6215 
Montgomery, AL 36106 
(205) 834-2000 

Julius L. Chambers 

Pamela S. Karlan 

Lani Guinier 

99 Hudson Street 
16th Floor 

New York, New York 10013 

(212) 219-1900 

¥. Edward Still 

REEVES & STILL 

714 South 29th Street 
Birmingham, AL 35233-2810 
(205) 322-6631 

Reo Kirkland, Jr. 
307 Evergreen Avenue 
P. O. Box 646 
Brewton, AL 36427 
(R05) 867-5711 

Attorneys for Plaintiffs 

CERTIFICATE OF SERVICE 
  

I do hereby certify that on this 5th day of March, 

1987, a copy of the foregoing AMENDMENT TO COMPLAINT TO CONFORM 

TO PLAINTIFFS’ MOTION FOR ADDITDIONAL RELIEF was served upon the  



  

following counsel of record: 

D. L. Martin, Esq. 
215 South Main Street 

Moulton, AL 35650 

(205) 974-9200 
(Lawrence County) 

Jack Floyd, Esq. 
FLOYD, KEENER & CUSIMANO 

8168 Chestnut Street 

Gadsden, AL 35999-2701 
(205) 547-8328 

(Etowah County) 

Yetta G. Samford, Esq. 
SAMFORD, DENSON, HORSLEY, 

MARTIN & BARRETT 
P. O. Box 2345 
Opelika, AL 36803-2345 
(205) 745-3504 
(Lee County) 

Herbert D. Jones, Jr., Esq. 
BURNHAM, KLINEFELTER, HALSEY, 

¥ CATER 
P. 0. Box 1618 
Anniston, AL 36202 
(205) 237-8515 
(Calhoun County) 

John A. Nichols, Esq. 
LIGHTFOOT, NICHOLS & SMITH 
P. O. Box 369 
Luverne, AL 36049 
(205) 335-5628 
(Crenshaw County) 

David R. Boyd, Esq. 
BALCH & BINGHAM 
P.O. Box 78 
Montgomery, AL 36101 
(205) 834-6500 (Lawrence County) 

Barry D. Vaughn, Esq. 
PROCTOR & VAUGHN 
209 North Norton Avenue 
Sylacauga, AL 35180 
(208) 249-8527 
(Talladega County) 

Rick Harris, Esq. 

MOORE, KENDRICK, GLASSROTH, 
HARRIS, BUSH & WHITE 
P.O. Box 910 
Montgomery, AL 36102 
(205) 264-9000 
(Crenshaw County) 

James W. Webb, Esq. 
WEBB, CRUMPTON, MCGREGOR, SCHMAELINC 

& WILSON 
P. O. Box 238 
Montgomery, AL 36101 
(205) 834-3176 

(Escambia County) 

Lee M. Otts, 

OTTS & MOORE 
D. OO. Box 46% 
Brewton, AL 36427 

(205) 887-7724 
(Escambia County) 

Esq. 

Warren Rowe, 
ROWE & SAWYER 
P. O. Box 150 
Enterprise, Al 
(Coffee County) 

¥. 0. RIRK. Jr., 
P. O.Box A-B 
Carrollton, AL 35447 
(205) 367-8125 
(Pickens County) 

Esq. Esq. 

36331 

James G. Speake, Esq. 
SPEAKE, SPEAKE & REICH 
P. 0.Box 8 
Moulton, AL 35650 
(Lawrence County) 

 



  

by depositing same in the United States, mail postage prepaid. 

; ) 4! / ) 
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V7 

y 04 a7 72% Hn 
  

ALTO oRNEC FOR PLAINTIFFS 

V/ 

 



  

COUNTY SCHOQL BOAR 

Bibb 

Calhoun 

Chilton 

Coffee 

Colbert 

Covington 

Crenshaw 

Elmore 

Escambia 

Etowah 

Fayette 

Geneva 

_IN DEFENDANT CLASS 

Houston 

Jefferson 

Lamar 

Lee 

Limestone 

Pickens 

Pike 

Randolph 

Shelby 

Talladega 

Tallapoos 

Tuscaloosa 

Washington 

APPENDIX A 

 



  

APPENDIX B 

MUNICIPALITIES IN DEFENDANT CLASS 

Abbeville 

Alexander City 

Aliceville 

Ariton 

Ashland 

Athens 

Autaugaville 

Bay Minette 

Boligee 

Brantley 

Brent 

Brewton 

Calera 

Camden 

Carbon Hill 

Carrolton 

Castleberry 

Cedar Bluff 

Centre 

County 

Henry 

Tallapoosa 

Pickens 

Dale 

Clay 

Limestone 

Autauga 

Baldwin 

Greene 

Crenshaw 

Bibb 

Escambia 

Shelby 

Wilcox 

Walker 

Pickens 

Conecuh 

Cherokee 

Cherokee 

 



  

Oo: ® rir LN perma ra s@® 
  

Centreville 

Cherokee 

Childersburg 

Citronelle 

Clayton 

Clio 

Coffeeville 

Collinsville 

Columbia 

Columbiana 

Cottonwood 

Courtland 

Cuba 

Dadeville 

Daleville 

Daviston 

Decatur 

Detroit 

Dora 

Dozier 

Eufaula 

Faunsdale 

Fayette 

Five Points 

Bibb 

Colbert 

Talladega 

Mobile 

Barbour 

Barbour 

Clarke 

Cherokee 

Houston 

Shelby 

Houston 

Lawrence 

Sumter 

Tallapoosa 

Dale 

Tallapoosa 

Morgan 

Lamar 

Walker 

Crenshaw 

Barbour 

Marengo 

Fayette 

Chambers 

  

APPENDIX B



  

Orlin IN perzns@ con @   

Flomaton 

Florala 

Florence 

Foley 

Fort Deposit 

Frisco City 

Fulton 

Geneva, 

Glenwood 

Gordo 

Goshen 

Graysville 

Greensboro 

Grove Hill 

Guin 

Guntersville 

Harpersville 

Hartford 

Hayneville 

Headland 

Heath 

Heflin 

Hueytown 

Kinsey 

Lincoln 

Escambia 

Covington 

Lauderdale 

Baldwin 

Lowndes 

Monroe 

Clarke 

Geneva, 

Crenshaw 

Pickens 

Pike 

Jefferson 

Hale 

Clarke 

Marion 

Marshall 

Shelby 

Geneva 

Lowndes 

Henry 

Covington 

Cleburne 

Jefferson 

Houston 

Talladega 

  

APPENDIX B



0.®. IN pers oY.   

Linden 

Lineville 

Lipscomb 

Livingston 

Loachapoaka 

Louisville 

Lowndesboro 

Luverne 

Madison 

Madrid 

Maplesville 

Margaret 

Maytown 

McKenzie 

Midland City 

Millport 

Millry 

Monroeville 

Moulton 

Moundville 

Mount Vernon 

Mulga 

Muscle Shoals 

Myrtlewood 

Marengo 

Clay 

Jefferson 

Sumter 

Lee 

Barbour 

Lowndes 

Crenshaw 

Madison 

Houston 

Chilton 

St. Clair 

Jefferson 

Butler 

Dale 

Lamar 

Washington 

Monroe 

Lawrence 

Hale 

Mobile 

Jefferson 

Colbert 

Marengo   

APPENDIX B



NTE en PN 

New Brockton 

Newton 

Newville 

North Johns 

Notasulga 

Opp 

Orrville 

Parrish 

Pennington 

Pickensville 

Pinckard 

Pine Apple 

Pine Hill 

Prattville 

Providence 

Ragland 

Reform 

River Falls 

Riverside 

Rockford 

Russellville 

Rutledge 

Sheffield 

Silas 

Sipsey 

Coffee 

Dale 

Henry 

Jefferson 

Macon 

Covington 

Dallas 

Walker 

Choctaw 

Pickens 

Dale 

Wilcox 

Wilcox 

Autauga 

Marengo 

St. Clair 

Pickens 

Covington 

Sot. Clair 

Coosa 

Franklin 

Crenshaw 

Colbert 

Choctaw 

Walker   

APPENDIX B



  

0.0. TI IN perenns@ cra 
  

Springville 

Sulligent 

Tallassee 

Tarrant 

Thomaston 

Thomasville 

Town Creek 

Toxey 

Tuscumbia 

Valley 

Vincent 

Wadley 

Waldo 

Warrior 

Waverly 

Webb 

Wedowee 

West Blocton 

Wetumpka 

Wilsonville 

Wilton 

St. Clair 

Lamar 

Elmore 

Jefferson 

Marengo 

Clarke 

Lawrence 

Choctaw 

Colbert 

Chambers 

St. Clair 

Randolph 

Talladega 

Jefferson 

Chambers 

Houston 

Randolph 

Bibb 

Elmore 

Shelby 

Shelby 

  

APPENDIX B