Motion for Leave to Amend

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

NORTHERN DIVISION 

JOHN DILLARD, et al., ) 

Plaintiffs, ) 

vs. ) C.A. No. 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, et al., ) 

Defendants. ) 

MOTION FOR LEAVE TQ AMEND 

Plaintiffs move the court, pursuant to Rules 15(a) and 20 of 

the Federal Rules of Civil Procedure, to enter an order 

permitting an amendment of plaintiffs’ complaint as shown in the 

amended complaint attached hereto and directing service upon the 

additional defendants in this action. As grounds therefor 

plaintiffs would show the court as follows: 

1. This action was filed on November 12, 1985. The 

plaintiffs have moved promptly to amend their complaint and Rule 

15(a) of the Federal Rules of Civil Procedure states leave to 

amend shall be freely given. 

2. The amendment that plaintiffs seek will not unreasonably 

delay the litigation, will not prejudice the defendants, but 

rather will help assure the efficient, consistent, inexpensive 

 



  

and speedy administration of the claims asserted herein. 

3. By this amendment plaintiffs seek to join plaintiffs and 

defendants from seven additional counties, pursuant to Rule 20, 

Federal Rules of Civil Procedure. Rule 20 provides that "All 

persons may join in one action as plaintiffs if they assert any 

right to relief jointly, severally or in the alternative 

arising out of same ... series of transactions or occurrences and 

if any question of law or fact, common to all these persons will 

arise in the action." The joined plaintiffs in this action 

assert the same legal claim based on the same series of 

transactions and occurrences perpetrated by the Alabama 

legislature. Rule 20 provides the same standard for joinder of 

defendants. 

4. Rule 20 further provides "Judgment may be given for one 

or more of the plaintiffs according to their respective rights to 

relief, and against one or more defendants according to their 

respective liabilities." Subsection (b) specifically 

contemplates that the court would make such orders as will 

prevent delay, including the possibility of ordering separate 

trials "or make other orders to prevent delay or prejudice.” 

5. This court has jurisdiction of the claims of the amended 

complaint, just as it does the original complaint, pursuant to 28 

U.S.C. sections 1331 and 1343. 

6. Venue is proper in this court as to all plaintiffs and 

 



  

defendants, pursuant to provisions of 28 U.S.C. section 1392(a). 

7. The parties, as contemplated in the amended complaint, 

are further consistent with the provisions of Rule 4(f) which 

contemplates service of summons "anywhere within the territorial 

limits of the state in which the district court is held." The 

scope of the litigation contemplated by the amended complaint 

will serve judicial and litigant resources, will help insure 

consistent adjudication of the same facts and legal theories, and 

will help assure speedy adjudication of the important 

constitutional rights asserted by the plaintiffs. 

WHEREFORE, plaintiffs pray the court will enter an order 

allowing the amended complaint and directing that summons and 

copies of the amended complaint be served upon the additional 

defendants. 
7¢ 

Respectfully submitted this £3 day of KL. € Le : 

  

1985. 

BLACKSHER, MENEFEE & STEIN, P.A. 
405 Van Antwerp Bldg. 
P. O. Box 1051 
Mobile, Alabama 36633 
(205) 433-2000 

I 
  

I/ARRY T. MENEFEE | 
JAMES ©. Ee 
WANDA J. COCHRAN 

 



  

TERRY G. DAVIS 
Seay & Davis 
732 Carter Hill Road 
P. 0. Box 6125 
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 

CERTIFICATE OF SERVICE 
  

«7 
I do hereby certify that on this [3 day of December, 1985, a 

copy of the foregoing MOTION FOR LEAVE TO AMEND was served upon 

the following counsel of record: 

Alton L. Turner, Esq. 
Turner & Jones, P.A. 
P. O. Box 207% 
Luverne, Alabama 36049 

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

rd 7 | 

re A i pe i : 

  

ATTORNEY FOR PLAJNTIFFS