Dillard v. Coffee County Board of Education Consent Decree; Joint Motion for Approval Settlement

    JAMES H. WEATHERFORD, JR. 

ATTORNEY AT LAW 

205 East Lee Street 

Enterprise, Alabama 36331 

  

James H. Weatherford, Jr. Mailing Address: 

P.O. Box 1291 or 

P.O." Box 1254 

Telephone 347-1314 

Area Code 205 

Fax #205-347-8770 

April 4, 1994 

Thomas C. Caver, Clerk 

U.S. Courthouse 

P.O. Box 711 

Montgomery, Alabama 36101 

RE: Dillard vs. Coffee County Board of Education 

CV 87-1-1183-N 

Dear Mr. Caver: 

Please find enclosed "Consent Decree” and "Joint Motion for Approval of Settlement” 

which | wish to file with your office. 

| am in the process of obtaining copies of the legal description of the districts and a map 

which will be forwarded as soon as possible. 

If you have any questions or if further information is needed, please contact my office. 

Sincerely, / 

“Jie Tulfo ot -      
/ 

Jarples/H. Weatherfc 

Attorney at Law 

JHW/vhf 

CC: Edward Still 

714 South 29th. Street 

Birmingham, Alabama 35233-2845 

James U. Blacksher 

Title Bldg., STE 710 

300 21st. Street North 

Birmingham, Alabama 35203 

Sherrilyn Ifill : : 
NAACP Legal Defense Fund Al Voom — 
99 Hudson Street 
New York, New York 10013 Dill wd Cound 

 



IN THE UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 
NORTHERN DIVISION 

  

JOHN DILLARD, et al., C.A. 85-T-1332-N 

Plaintiffs, 

VS. 

COFFEE County Board of Education,   Defendant. 
  

  

CONSENT DECREE 

Plaintiffs and the Coffee County Board of Education, hereinafter the defendant, 

having submitted the following terms of settlement and for good cause shown, it is 

HEREBY ORDERED that defendant, its agents, attorneys, employees and those acting 

in concert with them or at their direction, are ENJOINED as follows: 

1. The redistricting plan proposed by the plaintiffs and agreed to by the 

defendant, which modifies the single-member district plan for the Coffee County Board 

of Education previously approved by the Court, is PRELIMINARILY APPROVED. 

2. The members of the Board of Education shall continued to be elected for 6- 

year staggered terms. The incumbent members shall serve out the remainder of their 

respective terms without regard to residence within any particular district. Elections 

shall be held as follows: 

1994: Districts 2, 3, and 5 

1996: Districts 1 and 6 

1998: Districts 4 and 7. 

 



  

The districts shall be as described on the attached description. A map embodying the 

description is on file with the Clerk of the Court. In case of any conflict between the map 

and the verbal description, the verbal description shall take precedence. 

3. The chair of the Board of Education shall forthwith inform the county 

commission and the probate judge of the plan approved by this Order. The time 

limitations of Ala Code § 17-5A-4 notwithstanding, the county commission shall forthwith 

make such changes in the precincts and election districts as may be necessary and shall 

provide at least one pelling place in each of the single-member districts which has a 

majority of black voters. The location of the new polling places shall be determined after 

consultation with members of the black community. 

4, The defendant shall ensure that a plan to assign voters to the single- 

member districts provided for in this decree is adopted and implemented as quickly as 

possible. 

5. The Court cannot enter a final order at this time because of the lack of 

proof that the Justice Department has not interposed an objection under Section 5 of the 

Voting Rights Act. 

6. The defendant shall submit this plan promptly to the Justice Department 

for preclearance under Section 5 of the Voting Rights Act. 

7. Even though this plan should not be approved as a final plan until the 

Department of Justice has precleared the plan and the fairness of the plan has been 

determined, the Court now determines that the plan should be implemented as the 

Court’s own interim plan for the conduct of the special 1994 primaries and election. 

Upham v Seamon, 456 US 37 (1982); Burton v Hobbie, 543 FSupp 235 (MD Ala 1982), 

 



aff'd 459 US 961 (1986). 

  

8. It is further ORDERED that this order may be modified at a later time if 

the jurisdiction does not receive final approval of the plan preliminarily approved herein. 

9. The plaintiffs are prevailing parties for the purpose of the award of 

attorneys’ fees and expenses. The Court hereby assesses an award of two thousand five 

hundred ($2,500.00) against the defendant and ORDERS the defendant to pay said sum 

forthwith to the plaintiffs’ attorneys by check made payable to Edward Still Trust 

Account. 

DONE this day of 1908,   

  

UNITED STATES DISTRICT JUDGE 

Approved by: 

  
  

Edward Still ib James H. Weatherford 2 
714 South 29th Street PO Box 1291 

Birmingham AL 35233-2845 Enterprise AL 36331-1291 

James U. Blacksher 
Title Bldg., STE 710 
300 21st Street North 

Birmingham AL 35203 

Sherrilyn Ifill 
NAACP Legal Defense Fund 
99 Hudson Street 
New York, NY 10013 

 



  

IN THE UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 
NORTHERN DIVISION 

JOHN DILLARD, et al., C.A. 85-T-1332-N 

Plaintiffs, 

Vs. 

COFFEE County Board of Education, 

Defendant.     
  

Joint Motion for Approval of Settlement 

Come now the parties and move the Court to approve the settlement filed 

herewith. The parties show unto the Court that this settlement is fair to all parties and 

go Yibuliy 
Edward Still ames H. SN eaihor ford 

714 South 29th Street PO Box 1291 

Birmingham AL 35233-2845 Enterprise AL 36331-1291 

to the public. 

Submitted by: 

  

  
  

James U. Blacksher 

Title Bldg., STE 710 
300 21st Street North 

Birmingham AL 35203 

Sherrilyn Ifill 
NAACP Legal Defense Fund 
99 Hudson Street 
New York, NY 10013