Order Approving Talladega County Settlement on Interim Basis

    4 » 

FILED 
IN THE UNITED STATES-DISTRICT COURT 
FOR THE 'MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION OCT 14 1986 

THOMAS C. 
Bia 

  

CAVER, CLER: rms ——— DEPUTY cLERK JOHN DILLARD, ET AL., 

Plaintiffs, 

\/ 
V oe CIVIL ACTICN NC. CV 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA 
ET AL., 

N
e
 

Me
e?
 
S
e
”
 

e
e
”
 

ee
” 

ee
” 

e
e
”
 

e
e
”
 
a
”
 

a
”
 

Defendants. 

ORDER APPROVING TALLADEGA COUNTY 
SETTLEMENT ON INTERIM BASIS 
  

Pursuant to the Order of this Court, a hearing was held 

on Cctober 8, 19856 to determine the fairness and adequacy of the 

proposed settlement submitted by the parties pursuant to the 

requirements of Rule 23, Federal Rules of Civil Procedure. At the 

hearing the attorneys for both plaintiffs and the Talladega 

County defendants urged the Court to approve the settlement and 

presented evidence that the publication and notice requirements 

of this Court's prior orcer had been complied with and presented 

supporting demographic data describing the districting plan. No 

class member filed written objections with the Clerk of the Court 

nor appeared in person to express objections to the proposed 

S ettlement. 

 



  

The Court finds that the requirements of Rule 23, 

Fed.R.Civ.P., concerning notice to the class have been met and 

that the proposed settlement is fair, just and equitable. Cotton 

V. pinton, 559 F.2d 1326 {5th Cir. 1977); Holmes v, Lontinental 
  

  

Can Co... 706. F.2¢ 4144 {13th Cir. 1883); Lurns vy, Russell Covp,, 
  

807 F. Supp. 1335 (M.D. Ala. 1884). However, the Court will not, 

at this time, give final approval to the proposed settlement 

since it has not yet been precleared by the Department of 

Justice, pursuant to the provisions of Section © of the Voting 

Rights Act of 1665, 42'U.S.L. section 1%73c. Hclaniel v,.   

Sanchez, 452 U.S, 130 (1981. The defendant Talladega County has 
  

submitted the settlement for preclearance to the Department of 

Justice but has not yet received a response. The defendant 

ralladega County is directed to request expedited consideration 

from the Department of Justice and the Court expresses its desire 

that the Department of Justice reach a determination on this 

matter at the earliest practicable date. 

The cefendant Talladega County shall promptly notify 

this Court of the determination of the Department of Jutice. If 

this plan is precleared by the Department of Justice, the Court 

will issue an order finally approving the settlement. In the 

event that the Department of Justice cbjects to the proposed 

QQ
) plan, the Court will allow the parties an opportunity to make 

further submission to the Department of Justice in an attempt to 

 



r » 

  

cure the objections. 

Party primary elections are scheduled for November 4, 

1086, with any necessary runoffs to be held on November 25, 1986. 

A special general election will be held December 16, 10986. 

Election officials are in the process of arranging for the 

conduct of party primary elections. The Court determines that 

even though this plan should not be approved as a final plan 

until the Department of Justice has precleared the plan, the 

Court determines that the pian should be implemented as the 

Court's own interim plan for the conduct of the imminent primary 

glections. Upham v. Seanon, 4586 -U.S. 37 {19882); Burion v,. 
    

Hobbie, 843 LE Supp. 235. (1.0. Ala. 1982), aff'd Lie S. 

103. S.0%. 2856 (Nov. 1; 1082), 

The Talladega County defendants also asked the Court to 

approve the following deadlines for use in upcoming elections 

0ct. 33,.12:00 noon end party qualification period 

and end filing pericc for petitions of independent candidates 

with the probate judge. 
~ 

Oct. 13, 4:30 p.n. parties to certify candidates to 

probate office. 

Oct. 14, 12:08 noon I 

ji 0
5 =t
 

oO
 

Tr
 

ja
)]

 
= m
 court to certify 

candidates to printer, 

Oct. 15 - register to open absentee balloting or 

 



: p 

  

balloting to be open immediately upon receipt of printed ballots. 

The plaintiffs agreed these deadlines were reasonable 

under the etrourliances: The Court hereby approves their use on 

an interim basis. 

Therefore, the Court hereby enjoins Talladega County, 

Alabama, Derrell Hann, in his official capacity as Probate Judge 

of Talladega County, Sam Grice, in his official capacity as 

Circuit Clerk of Talladega County and Jerry Stucdard, in his 

Official capacity as Sheriff of Talladega County, their agents, 

servants, attorneys and those acting in concert with them from 

failing or refusing to conduct primary and general elections for 

the Talladega County Commission in accordance with the plan 

submitted by the parties to this Court. 

poke this I4® day of Odker , 1986. 
  

  

UNMIED STATES I 

—~—