Amended Complaint, Plaintiffs' First Discovery Request and Notice of Appearance of Counsel with Cover Letter

    BLACKSHER, MENEFEE & STEIN, P.A. 

ATTORNEYS AT LAW 

405 VAN ANTWERP BUILDING 

P. O. BOX 1051 

MOBILE, ALABAMA 36633-1051 

JAMES U. BLACKSHER December 20, 1985 TELEPHONE 
LARRY T. MENEFEE (205) 433-2000 

GREGORY B. STEIN 
WANDA J COCHRAN 

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

Re: Dillard v. Crenshaw County, Alabama; C.A. No0.85-T-1332-N 

Dear Mr. Caver: 

Enclosed please find the original and copies of the amended 
complaint, along with plaintiffs’ first discovery request for 
service upon the additional defendants in this action. Also 
enclosed are summons, addressed and stamped envelopes and the 
return receipts. 

As I mentioned to you on the telephone Friday, the original 
amended complaint enclosed differs from the one submitted to 
Judge Thompson only in the numbering of the paragraphs. Ve 
discovered an error in the numbering of the paragraphs in the 
amended complaint after it had been submitted to Judge Thompson 
with the motion to allow the amendments. If you have any 
questions, please let me know. We appreciate your help in this regard. 

Also enclosed for filing is our notice of appearance of 
additional counsel. 

Best regards. 

Sincerely, 

BLACKSHER, MENEFEE & STEIN, P.A. 

Wien] kml 

LTM:pfm 

Encls.  



  

Mr. Thomas C. Caver, Clerk 

December 20, 1985 

Page Two 

cc: Alton L. Turner, Esq. (w/encls.) 
Terry G. Davis, Esq. (w/encls.) 
Deborah Fins, Esq. (w/encls.) 
Edward Still, Esq. (w/encls.) 
Reo Kirland, Jr., Esq. (w/encls.) 

 



  

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 ROVE 
of Etowah County; HOOVER WHITE, 

MOSES JONES, Jr., and ARTHUR TURNER 
of Lawrence County; DAMACUS 
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 McCCORVEY 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, on behalf of 
themselves and other similarly 
situated persons, 

Plaintiffs, 

vs. 

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 
Crenshaw County; ETOWAH COUNTY, 
ALABAMA, qua COUNTY; LEE 

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CA NO. 85-T-1332-N 

 



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 capcity 
as Circuit Clerk; DAN LIGON, in his 
official capacity as Sheriff of 
Lawrence County; COFFEE COUNTY 
ALABAMA, qua 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, 
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 
Talladega County; PICKENS COUNTY, 

ALABAMA, qua COUNTY; WILLIAM H. 
LANG, Jr., 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 
Pickens County, 

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Defendants.  



    

1. Jurisdiction of this court is invoked pursuant to 28 

U.S.C. sections 1331 and 1343. This is a suit in equity arising 

out of the Constitution of the United States; the fourteenth and 

fifteenth amendments and 42 U.S.C. sections 1973, 1983 and 1988. 

This 1s also an action for declaratory judgment under the 

provisions of 28 U.S.C. sections 2201 and 2202. 

II. 

Class Action 

2. Plaintiffs bring this action on their own behalf and on 

behalf of all other persons similarly situated, pursuant to Rule 

23(a) and 23(b)(2), Federal Rules of Civil Procedure. The class 

which plaintiffs represent is composed of all black citizens of 

Crenshaw County, Alabama; Etowah County, Alabama; Lawrence 

County, Alabama; Coffee County, Alabama; Calhoun County, Alabama; 

Escambia County, Alabama; Talladega County, Alabama; and, Pickens 

County, Alabama. All such persons have been, are being, and will 

be adversely affected by the defendants’ practices complained of 

herein. The class constitutes an identifiable social and 

political minority in the community who have suffered and are 

suffering invidious discrimination. There are common questions 

 



  

a 

of law and fact affecting the rights of the members of this class 

who are and continue to be deprived of the equal protection of 

laws because of the election system detailed below. These 

persons are sO numerous that joinder of all members is 

impracticable. There are questions of law and fact common to 

plaintiffs and the class they represent. The interest of said 

class is fairly and adequately represented by the named 

plaintiffs. The defendants have acted or refused to act on 

grounds generally applicable to the class, thereby making 

appropriate final injunctive relief and corresponding declaratory 

relief with respect to the class as a whole. 

III, 

Plaintiffs 

8. Plaintiffs John Dillard and Havard Richburg are black 

citizens of Crenshaw County, Alabama, over the age of twenty-one 

years. 

4. Plaintiffs Nathan Carter, Spencer Thomas and Wayne Rose 

are black citizens of Etowah County, Alabama, over the age of 

twenty-one years. 

5. Plaintiffs Hoover White, Moses Jones, Jr., and Arthur 

Turner are black citizens of Lawrence County, Alabama, over the 

age of twenty-one years. 

6. Plaintiffs Damacus Crittenden, Jr., Rubin McKinnon and 

 



  

i % 

William S. Rogers are black citizens of Coffee County, Alabama, 

over the age of twenty-one years. 

7. Plaintiffs Earven Ferrell and C. L. Bradford are black 

citizens of Calhoun County, Alabama, over the age of twenty-one 

years. 

8. Plaintiffs Ullysses McBride, John T. White, Willie 

McGlasker, William America and Woodrow McCorvey are black 

citizens of Escambia County, Alabama, over the age of twenty-one 

years. 

9. Plaintiffs Louis Hall, Jr., Ernest Easley, Byrd Thomas 

and Powell Reynolds are black citizens of Talladega County, 

Alabama, over the age of twenty-one years. 

10. Plaintiffs Maggie Bozeman, Julia Wilder, Bernard Jackson 

and Willie Davis are black citizens of Pickens County, Alabama, 

over the age of twenty-one years. 

Iv. 

Defendants 

11. Defendants Crenshaw County, Etowah County, Lawrence 

County, Coffee County, Calhoun County, Escambia County, Talladega 

County and Pickens County are political subdivisions of the State 

of Alabama. 

12. Ira Thompson Harbin, Jerry L. Register, Amos McGough, 

 



  

Emmett L. Speed, and Bill Colquett, are presently the elected 

members of the Crenshaw County Commission and are sued in their 

official capacities as members of said Commission. They exercise 

the general administrative and legislative authority of Crenshaw 

County. 

13. Defendants Ira Thompson Harbin, Ann Tate, Frances A. 

Smith, Wiley J. Hickman, Billy Yates, Roy McDowell, Richard I. 

Proctor, Larry Smith, Dan Ligon, Marion Brunson, Jim Ellis, Brice 

R. Paul, Arthur C. Murray, R. Forrest Dobbins, Roy C. Snead, Jr., 

Martha Kirkland, James D. Taylor, Timothy A. Hawsey, Derrell 

Hann, Sam Grice, Jerry Studdard, William H. Lang, Jr., James E. 

Floyd, and Louie C. Coleman are sued in their official capacities 

as, Probate Judges, Circuit Clerks and Sheriffs of the defendant 

counties. These elected officials act as an election board to 

supervise and conduct elections in each of their respective 

counties, pursuant to the provisions of the Ala. Code, section 

17-6-1 (Supp. 1985). 

14. Crenshaw County is governed by five commissioners. The 

probate judge serves as chairman of the County Commission. The 

Commissioners are elected at large by the qualified voters of the 

County for four-year terms. The elections are partisan, that is 

to say, that candidates are nominated by their respective 

 



  

political parties through party primary elections. The election 

system utilizes numbered places with a majority-vote, runoff 

requirement. This election system is povided for in Act No. 112 

of the 1971 Alabama Legislature. The next regularly scheduled 

election for Crenshaw County Commission is 1986. 

15. According to the 1980 census, Crenshaw County has a 

population of 14,110 persons, of which 3,378 or 26.5% are black. 

All of the present officeholders of the Crenshaw County 

Commission are white. There has never been a black citizen in 

history elected to the Crenshaw County Commission. 

16. Calhoun County is governed by three commissioners. 

Commissioners are elected at large by the qualified voters of the 

county for four-year terms. The elections are partisan, that is 

to say, that candidates are nominated by their respective 

political parties through party primary elections. The election 

system utilizes numbered places with a majority-vote, runoff 

requirement. This election system is provided for in Act No.420 

of the regular session of the 1939 Alabama Legislature. 

Apparently an effort to change to single-member district 

elections and enlarge the commission to five members was defeated 

in 1981. Act No.686 of the regular session of the 1951 Alabama 

Legislature. 

17. According to the 1980 census, Calhoun County has a total 

population of 119,761 persons, of which 22,448 or 18.8% are 

 



  

black. All of the present officeholders of the Calhoun County 

Commission are white. There has never been a black citizen in 

history elected to the Calhoun County Commission. 

18. Coffee County is governed by six commissioners. The 

commissioners are elected at large by the qualified voters of the 

entire county for four-year terms. The Probate Judge serves as 

chalrman of the commission and votes only in case of a tie. The 

elections are partisan, that is to say, candidates are nominated 

by their respective political parties through party primary 

elections. The election system utilizes numbered places with a 

ma jority-vote, runoff requirement. This election system is 

provided for by Act No.571 of the 1953 session of the Alabama 

Legislature and Act No.1259 of the 1971 session of the Alabama 

Legislature. 

19. According to the 1980 census, Coffee County has a 

population of 38,533 persons, of which 6,897 or 17.9% are black. 

All of the present officeholders of the Coffee County Commission 

are white. There has never been a black citizen in history 

elected to the Coffee County Commission. 

20. Escambia County is governed by five commissioners. The 

commissioners are elected at-large by the qualified voters of the 

county for four-year terms. The elections are partisan, that is 

to say, the candidates are nominated by their respective 

political parties through party primary elections. The election 

 



  

system utlizes numbered places with a majority-vote, runoff 

requirement. This election system is provided for in Act No.41ll 

of the 1963 Alabama Legislature. 

21. According to the 1980 census, Escambia County has 38,440 

persons, of which 12,384 or 32.3% are black. All of the present 

officeholders of the Escambia County Commission are white. There 

has never been a black citizen in history elected to the Escambia 

County Commission. 

22. Etowah County is governed by five commissioners. 

Commissioners are elected at large by the qualified voters of the 

county for four-year terms. Four of the commissioners must be 

residents of one of the four residency districts. The fifth 

commissioner has no residency requirement and serves as the 

chairman of the commission. Elections are partisan, that is to 

say, the candidates are nominated by their respective political 

parties through party primary elections. The election system 

utilizes numbered places with majority-vote, runoff requirement. 

The election system is provided for in Act No.398 of the 1955 

Alabama Legislature. 

23. According to the 1980 census, Etowah County has a 

population of 103,057 persons, of which 14,251 or 13.8% are 

black. All of the present officeholders of the Etowah County 

Commission are white. There has never been a black citizen in 

history elected to the Etowah County Commission. 

 



24. Lawrence County is governed by five commissioners. 

Commissioners are elected at large by the qualified voters of the 

county for four-year term. The elections are partisan, that is 

to say, the candidates are nominated by their respective 

political parties through party primary elections. The election 

system utilizes numbered places with a majority-vote, runoff 

requirement. This election system is provided for in Act No.138 

of the 1969 Alabama Legislature. 

25. According to the 1980 census, Lawrence County has 30,170 

persons, of which 5,187 or 17.1% are black. All the present 

officerholders of the Lawrence County Commission are white. 

There has never been a black citizen in history elected to the 

Lawrence County Commission. 

26. Pickens County is governed by five commissioners. The 

Probate Judge serves as chairman of the county commission. The 

commissioners are elected at-large by the qualified voters of the 

county for four-year terms. The elections are partisan, that is 

to say, that candidates are nominated by their respective 

political parties through party primary elections. The election 

system utlizes numbered places with the majority-vote, runoff 

requirement. This election system is provided for in Act No.442 

of the 1963 Alabama Legislature. 

27. According to the 1980 census, Pickens County has a 

population of 21,481 persons, of which 9,030 or 42% are black.  



  

All of the present officeholders of the Pickens County Commission 

are white. There has never been a black citizen in history 

elected to the Pickens County Commission. 

28. Talladega County is governed by five commissioners. The 

Probate Judge serves as chairman of the county commission. The 

commissioners are elected at large by the qualified voters of the 

county for four-year terms. The elections are partisan, that is 

to say, the candidates are nominated by their respective 

political parties through party primary elections. The election 

system utilizes numbered places with majority-vote, runoff 

requirement. This election system is provided for in Act No.544 

of the 1950 Alabama Legislature. 

29. According to the 1980 census, Talladega County has a 

population of 73,826 persons, of which 22,904 or 31% are black. 

All of the present officeholders of the Talladega County 

Commission are white. There has never been a black citizen in 

history elected to the Talladega County Commission. 

30. From at least 1875 to the present the State of Alabama 

has instituted and maintained a policy, scheme, pattern and 

practice of creating and/or maintaining at-large election systems 

with the specific purpose of denying and abridging black 

citizens’ right to vote by submerging the voting strength of 

black citizens in the defendant counties with respect to the 

election of county governing bodies. 

- 11 - 

 



31. The State of Alabama for over 100 years has consistently 

resorted to the use of at-large elections with various enhancing 

devices, as described more fully below, whenever there was any 

perceived possibility of black citizens electing candidates of 

their choice, or having any significant influence on the election 

of candidates of their choice to the county governing bodies. 

32. When blacks were totally excluded from the electorate, 

there are numerous instances of the use of single-member 

districts instead of at-large election schemes when blacks 

constituted majorities in particular counties. 

33. The state employed other devices to thwart the will of 

black citizens: it made the appointment of county governing 

bodies by the governor. This intentionally discriminatory state 

scheme was perpetrated by the legislative and executive branches 

of government, initially controlled by the local legislative 

delegation in each county. 

34. As part of this intentional policy, scheme, pattern and 

practice to deny black voters an equal opportunity to participate 

in county government, the State of Alabama also utilized, at 

various times, to the unique disadvantage of black citizens, a 

system of single-member district elections during the all-white 

Democratic primaries, with the general election conducted 

at-large in the majority white counties. 

35. The State of Alabama as part of this policy, scheme,  



  

pattern and practice also utilized a variety of enhancing 

devices. Initially, provisions against anti-single shot voting 

were employed, but these were later replaced by numbered post 

requirements and na jority-vote, runoff requirements. All of the 

defendant counties utilize majority-vote, runoff requirements 

with numbered posts. Consistent with this racially 

discriminatory policy, scheme, pattern and practice to 

disadvantage black citizens, the state imposed majority-vote 

requirements for general elections in those counties where 

non-partisan county commission elections were held, but there 

were no majority-vote requirements for general elections in 

counties that held partisan primaries. 

36. From 1875 to about 1901, when some blacks were still 

permitted to vote and constituted majorities in some Alabama 

counties, the policy, scheme, pattern and practice of abridging 

the rights of black citizens were effectuated by abolishing all 

elections in those counties only. The county commissioners were 

appointed by the governor in the majority black counties during 

this period of time. 

37. The system of at-large elections with numbered posts and 

ma jority-vote requirements as presently operated in the defendant 

counties was originally designed and has been maintained by the 

State of Alabama for the purpose and intent of abridging, denying 

and submerging black voting strength. 

i NT 

 



  

38. The intentionally discriminatory at-large election 

system in these defendant counties have discriminatory effects 

today. No black person has ever been elected to the county 

commission in any of the defendant counties. Each of these 

counties is currently operating under statutes passed by the 

Alabama Legislature, pursuant to this state-wide policy, scheme, 

pattern and practice which were enacted during a time in Alabama 

history when racial feelings and prejudices were especially 

virulant. 

39. The at-large election systems utilized in the defendant 

counties were enacted and/or maintained for the purpose of 

denying and abridging the voting rights of black citizens and 

when coupled with racially polarized voting patterns, they have 

the intended effect. 

vI. 

40. Plaintiffs and the class they represent have no plain, 

adequate or complete remedy at law to redress the wrongs alleged 

herein and this suit for permanent injunction is their only means 

of securing adequate relief. Plaintiffs and the class they 

represent are now suffering and will continue to suffer 

irreparable injury from the unconstitutional election system 

described herein. 

- 14 = 

 



  

WHEREFORE, plaintiffs respectfully pray that this court 

advance this case on the docket, order a speedy hearing at the 

earliest practical date, cause this action to be in every way 

expedited, and upon such hearing to: 

1. Grant the plaintiffs and the class they represent a 

declaratory judgment that the election systems complained of 

herein violates the fourteenth and fifteenth amendments of the 

Constitution of the United States, and 42 U.S.C. sections 1973 

and 1983. 

2. Grant plaintiffs and the class they represent a temporary 

restraining order, preliminary and final injunction, enjoining 

the defendants, their agents, successors, attorneys and those 

acting in concert with them and at their direction from holding, 

supervising or certifying the results of any election for the 

defendant county commissions under the present election systems. 

3. Order the utilization of an election system for the 

defendant county commissiona which will provide equal access to 

the political process and will not debase, dilute, minimize or 

cancel the voting strength of black citizens of the defendant 

counties. 

4. Award plaintiffs and the class they represent their costs 

in this acion, including an award of reasonable attorneys’ fees 

and expenses, pursuant to 42 U.S.C. sections 1973 and 1988. 

5. Grant such other and further equitable relief as the 

- 15 = 

 



    

court may deem just and proper. 

/) 
i 

198 3 ° 

  

BLACKSHER, MENEFEE & STEIN, P.A. 
405 Van Antwerp Bldg. 
P. O. Box 105] 
Mobile, Alabama 36633 

(205) 433-2000 

oA fe ele 
LARRY T/ MENEFEE 
JAMES U. i AR 
WANDA J. COCHRAN 

  

TERRY G. DAVIS 
Seay ¥ Davis 
732 Carter Hill Road 
P. O. Box 6125 
Montgomery, Alabama 36106 
(205) 834-2000 

DEBORAH FINS 
JULIUS L. CHAMBERS 
NAACP Legal Defense Fund 
99 Hudson Street, 16th Floor 

New York, New York 10013 
(212) 219-1900 

Attorneys for Plaintiffs 

- 108 = 

 



  

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; DAMACUS 

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, on behalf of 
themselves and other similarly 
situated persons, % 

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Plaintiffs, % 

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

CRENSHAW COUNTY, ALABAMA, gua COUNTY; * 
IRA THOMPSON HARBIN, JERRY L. * 
REGISTER, AMOS MCGOUGH, EMMETT L. * 
SPEED, and BILL COLQUETT, in their * 
official capacities as members of ci 
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 oi 
official capacity as Sheriff of * 
Crenshaw County; ETOWAH COUNTY, * 
ALABAMA, qua 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, 
COUNTY; RICHARD I. PROCTOR, in his 
official capacity as Probate Judge; 
LARRY SMITH, in his official capcity 
as Circuit Clerk; DAN LIGON, in his 
official capacity as Sheriff of 
Lawrence County; COFFEE COUNTY 
ALABAMA, qua 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, gua 
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, dua 
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 
Talladega County; PICKENS COUNTY, 
ALABAMA, qua COUNTY; WILLIAM H. 
LANG, Jr., 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 
Pickens County, 

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4 Y REQUE 

Plaintiffs request, pursuant to rules 33, 34, and 36 of 

the Federal Rules of Civil Procedure, that all defendants answer 

under oath the following written interrogatories within 

forty-five days of service hereof; and produce the documents 

requested by attaching a copy to this request or by making such 

documents available for inspection and copying at the offices of 

undersigned counsel during normal business hours within 

forty-five days from service of this discovery request. 

Responses to one interrogatory or part of an 

interrogatory may be incorporated by reference in response to 

other interrogatories if, and only if, the clarity and 

completeness of the response will not be compromised. If 

documents are attached to the responses to this discovery 

request, they should be organized and labeled to correspond with 

the categories and the requests for production, as required by 

rule 34(b). 

As used hereinafter "county", and "county 

commission(ers)" refer to the defendant counties or county 

commissions. 

1. To the best of your knowledge, throughout the entire 

history of the county, state the name of each black person who 

has been a candidate for county-wide office, and for each such 

black person, provide the following additional information: 

 



    

a. The office for which she or he was a candidate; 

b. The date(s) of the election(s); and, 

c. The outcome of the election(s). 

2. Please admit, to the best of your knowledge, that no 

black person has ever been appointed to fill a vacancy in any 

county-wide office, including but not limited to, the county 

commission, county school board, sheriff, supervisor of 

elections, tax assessor, and clerk of circuit court. 

3. If you deny paragraph number 2, please identify each 

and every black person who has been appointed to such county wide 

offices and state: 

84. name, sex, race, date of selection, period of 

service for each appointee, and type of appointment. 

4. List each board, committee, agency, or any other 

governmental body whatsoever to which the county commission or 

individual commissioners appoint, approve, nominate or confirm 

members, irrespective of whether such appointment, approval, 

nomination or confirmation is under authority of statute, 

ordinance, rule, custom, practice, policy or usage and for each 

such body listed, state separately the following: 

a. The procedure utilized by the county commission 

or individual commissioner in selecting persons to serve on that 

body; 

b. The name, race, sex, date of selection, and 

 



    

period of service for each person selected by the county 

commission or individual commissioner to serve on such a body 

since 1965. 

¢. Whether any other person or entity selects 

members to serve on that body, and if so, the names of the 

persons or entities and the number of each selected; and, 

d. A brief statement of the function(s) of the 

Board, committee or agency. 

5. State whether, since 1945, the county commission, 

its individual members, and/or its agents, departments, boards, 

commissions and/or employees in their official or personal 

capacities have ever been defendants in any legal proceeding 

wherein the plaintiffs and/or plaintiff-intervenors alleged 

racially discriminatory conduct, regulation, rules or practices 

on the part of such defendants. If so, give the complete: 

a. judicial style of the action; 

b. court or agency; 

Cc. date; and, 

d. brief description of the action. 

6. State whether any complaints of racial 

discrimination against the county commission and/or its members 

have ever been filed with the Equal Employment Opportunity 

Commission, the Department of Health and Human Services, or with 

any other federal, state or private agency. If so, for each such 

 



complaint, describe the nature of the complaint including the 

date, name of complainant, case number, agency with which it was 

filed, and final disposition. 

7. State whether the county commission has enacted an 

ordinance, rule or regulation prohibiting 

a. racial discrimination in employment; or 

b. racial discrimination in public accommodations. 

8. If the answer to the above (number 7) is 

affirmative, please state the full text of the ordinance, rule or 

regulation, the date of its enactment, and name the custodian of 

such ordinance and its location. 

9. State whether the county commission has now or has 

ever had a policy, rule or regulation expressly insuring equal 

employment opportunities for black persons employed by the 

Commission or any of its agencies. If so, produce it and provide 

the date it was adopted and each date it was amended. 

10. State whether the county commission has now or has 

ever had a policy, rule, or regulation expressly insuring equal 

housing opportunity for black persons in developments controlled 

by the Commission or any of its agencies. If so, produce it and 

provide the date it was adopted and each date it was amended. 

11. Has a federal voting registrar ever been sent to 

the County to register black voters, monitor elections or for any 

other purpose? If so, state the election in which the registrar  



  

was involved, and the purpose of his or her presence. 

12. With respect to all elected members of the county 

commission, the probate judge, sheriff, and circuit court clerk, 

state the following: 

a. The name and race of each person occupying the 

position; and, 

b. The dates in which such person held office. 

13. For and every occasion when you have been a 

candidate for the county commission, sheriff, probate judge or 

circuit court clerk, provide the following information (relating 

to the present officeholders): 

a. The total amount of your campaign expenses in 

each election and runoffs; and 

i. Produce all records or reports containing 

information about contributions made to your election campaign(s) 

and information about your campaign expenses. 

b. To the best of your knowledge, the name of each and 

every black person or predominantly black organization that 

contributed to your campaign in the election and the amount 

contributed by such person or organization; 

¢c. To the best of your knowledge, the name of each and 

every white person or predominantly white organization that 

contributed to your campaign in the election and the amount 

contributed by such person or organization; 

 



    

d. Describe the extent to which you utilized and the 

amount of money you expended on the various means of campaigning 

including: television and radio advertisements (identify the 

stations); billboards; campaign posters; handbills; bumper 

stickers; newspapers; and other means of campaigning; and 

e. Please produce the campaign literature used in 

every election for which you have been a candidate, including, 

bumper stickers, business cards, pamphlets, public notices, and 

any other printer matter. 

f. Identify each predominantly black church, club, 

facility or neighborhood in which you made a public campaign 

appearance; 

(1) Describe the nature of the appearance and what 

you did there; 

(2) State the name and race of every other 

political candidate who appeared there with you or at the same 

time you were there; 

g. Identify each predominantly white church, club, 

facility or neighborhood in which you made a public campaign 

appearance; 

(1) Describe the nature of the appearance and what 

you did there; 

(2) State the name and race of every other 

political candidate who appeared there with you or at the same 

 



    

time you were there; 

h. Describe each and every issue you spoke out on 

during the campaign which advocated the particularized interests 

of the black citizens or the black community; 

i. Identify which of your opponents, if any, spoke 

out in their campaigns in favor of the particularized interests 

of the black citizens of the black community, indicating 

specifically which issues they spoke out on; 

j. State whether you have made direct appeals for 

the votes of black citizens; if so, describe completely and in 

detail each and every way you made such appeal; 

k. Give the name, race and address of each person 

who was paid as a member of your campaign staff or campaign 

organization; 

1. State the number of (i) white and (ii) black 

persons who served in your campaign organization or who actively 

campaigned for you as volunteers; 

m. Give the name and address of each and every black 

person who actively campaigned for you; and, 

n. State the name and address of each and every 

black person who publicly endorsed your candidacy. 

0. Produce copies of all documents in your 

possession or control containing endorsements of your candidacy 

for election by persons or organizations in the county, including 

 



  

- » > 

  

newspaper articles, newspapers advertisements, sample ballot, 

written endorsements or otherwise. 

p. Produce documents reflecting the amount of money 

each incumbent member of the present county commission has spent 

on her or his campaign for office since the first election. 

14. State the names and addresses of all persons who 

were responsible for the answers to these interrogatories and 

identify any official records which were used to formulate 

answers to these interrogatories. State also where these 

documents were recorded and in whose custody they are located. 

15. State whether any efforts have been made by the 

county commission, its individual members, and any other agents 

of the commission in its history to change the method of electing 

commissioners from an at-large election system to a district 

election system. This includes any special referenda, charter, 

commissions, etc. 

a. If the answer to number 15 is no, please state 

the full and complete reasons why no efforts were made. 

b. If the answer to number 15 is in affirmative, 

describe the efforts in detail including; 

(1) the dates of the effort(s); 

(ii) the individual(s) involved in making the 

effort; and, 

(iii) a description of all actions taken in the 

 



    

: 
® 

effort. 

16. Please admit that in federal, state, and county 

elections, voting has been characterized by racial polarization. 

17. If the response to No. 16 is negative, please 

a. Identify those elections that you contend have 

been characterized by racially polarized voting; and those 

elections you contend have not been characterized by racially 

polarized voting;and 

b. State each and every fact upon which you base 

your contention, identify every witness (by name, address and 

telephone number), and produce each and every document, note, 

memoranda or other writing that supports your position. 

18. Please admit that the county school system(s) were, 

until the recent past, racially segregated. 

19. If you deny the above, No. 18, please state each 

and every fact upon which you base your denial, produce every 

document and identify every witness (by name, address and 

telephone number) which you used to formulate this position. 

20. Has the county school system(s) ever been declared 

unitary? If so, please identify the judicial action by case 

name, case number and date which declared the system(s) unitary. 

21. Please produce for inspection and copying EEO-4 

annual reports. 

22. For each defendant, please identify membership in 

 



  

hci 0 Ee et SRN hon AN ai 

  

any social, religious, fraternal, and civic organizations. 

23. Please provide documents dating from 1965 through 

the present indicating the race, number of students, and grade in 

which students are enrolled for each school within the county 

school system. 

24. Provide documents reflecting race, and number of 

teachers, grade teaching, and school to which they are assigned 

of all teachers within the county since 1965 to the present. 

25. Please provide documents reflecting the race, 

number of other county employees except teachers, indicating job 

or employment position of such employees. 

26. Please produce a map showing the present 

configuration of the county commission's election districts, 

including residency districts. 

27. Please produce all studies, reports or other 

proposals regarding any change since 1930 in the form of the 

government for both the county commission and the School Board's 

governing body. 

28. How many blacks served as poll officials during the 

(a) 1980 presidential election and the (b) 1982 Democratic 

primary. (As used herein, poll officials mean those persons who 

actually work at the polls on election day, including the 

absentee box. The term does not include poll "watchers"; i.e., 

those persons employed by candidates.) 

 



    

4 i 

29. How many whites served as poll officials during the 

(a) 1980 presidential election and (b) the 1982 Democratic 

primary. 

30. Identify each person whom you expect to call as an 

expert witness at trial and (a) state the subject matter on which 

the expert is expected to testify; 

(b) state the substance of the facts and opinions to 

which the expert is expected to testify; and 

(c) state a summary of the grounds for each opinion. 

Respectfully submitted this (day of [Civ /y2 J,   

19865. 

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

/ 

BY: JO dna) ET 
LARRY T./MENEFEE 
JAMES U. BLACKSHER 
WANDA J. COCHRAN 

  

TERRY G. DAVIS 
Seay & Davis 
732 Carter Hill Road 
P. 0. Box 6215 
Montgomery, Alabama 36106 

JULIUS L. CHAMBERS 
DEBORAH FINS 
NAACP Legal Defense Fund 
90 Hudson Street 

-_ 13 - 

 



  

bu
 

  

16th Floor 

New York, New York 10013 

Edward Still, Esquire 
REEVES & STILL 
714 South 20th Street 
Birmingham, Alabama 35233-2810 

Reo Kirkland, Jr., Esquire 
307 Evergreen Avenue 
P. O. Box 646 
Brewton, Alabama 36427 
Attorneys for Plaintiffs 

14 - 

 



  

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

NORTHERN DIVISION 

JOHN DILLARD, et al,, 

Plaintiffs, 

Vs. 

CRENSHAW COUNTY, ALABAMA, 

et -al.,. 

Defendants. 

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

r
t
 

N
e
 

O
N
 

N
S
 

NOTICE OF APPEARANCE OF COUNSEL   

Plaintiffs herewith notice the appearance of the follow- 

ing additional counsel: 

Edward Still, 
Reeves & Still 

Esq. 

714 South 29th Street 
Birmingham, Alabama 35233-2810 

Reo Kirkland, Jr., Esq. 
307 Evergreen Avenue 
P. O. Box 646 
Brewton, Alabama 36427 

“th 
Respectfully submitted this 5 day of December, 1985. 

BLACKSHER, MENEFEE & STEIN, P.A. 
405 Van Antwerp Bldg. 
P. 0. Box 1051 
Mobile, Alabama 36633 
(205) 433-2000 

/ We RE \ 

4 i Sid / | - 

BY: a my De iL   
LARRY T). MENBFEE | 
JAMES U. BLACKSHER 
WANDA J. COCHRAN 

 



  

TERRY G. DAVIS 
SEAY & DAVIS 
732 Carter Hill Road 
P. 0. Box 6125 
Montgomery, Alabama 36106 
(205) 834-2000 

DEBORAH FINS 

JULIUS L. CHAMBERS 

LEGAL DEFENSE FUND 

99 Hudson Street 
16th Floor 
New York, Mew York 10013 
(212) 219-1900 

EDWARD STILL 
REEVES & STILL 
714 South 29th Street 
Birmingham, Alabama 35233-2810 
(205) 322-6631 

REO KIRKLAND, Jr. 
307 Evergreen Avenue 
P, 0. Box 646 
Brewton, Alabama 36427 
(205) 867-5711 

CERTIFICATE OF SERVICE 
  

Te 
I do hereby certify that on this Z2 day of December, 1985, 

a copy of the foregoing NOTICE OF APPEARANCE OF COUNSEL was 

served upon the following counsel of record: 

Alton 1. Turner, Esq. 
Turner & Jones, P.A. 

P. C. Box 207 
Luverne, Alabama 36049 

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

A ; , id — f 3 

™N 

/ oe ON ook TO A | Se y 
  = : 1. 
ATTORNEY FOR PLAINTIFFS