Amended Complaint

    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, 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 McCORVEY of 
Escambia County; LOUIS HALL, dJr., 
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, F

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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 
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 x 

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WOFFORD, in his official capacity as * 
Probate Judge; BILLY YATES, in his x 
official capacity as Circuit Clerk; * 
ROY McDOWELL, in his official * 
capacity as Sheriff of Etowah County; * 
LAWRENCE COUNTY, ALABAMA, qua x 
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 3 
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 * 
officlal 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 f 
COUNTY; MARTHA KIRKLAND, in her * 
official capacity as Probate Judge; * 
JAMES D. TAYLOR, in his official id 
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 
Talladega County; PICKENS COUNTY, 
ALABAMA, gua 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 
officlal 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 is 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 

 



  

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 1s 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, 

Plaintiff 

3. 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 

 



  

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

over the age of twenty-one years. 

v. 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. vhite, 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.4R20 

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 1951. Act No0.686 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. 

20. 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 

chairman 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. 

21. 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. 

22. 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. 

23. 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. 

24. 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. 

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

population of 103,087 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. 

 



26. 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 ma jority-vote, runoff 

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

of the 1969 Alabama Legislature. 

R27. According to the 1980 census, Lawrence County has 30,170 

persons, of which 5,157 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. 

<8. 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 ma jority-vote, runoff 

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

of the 1963 Alabama Legislature. 

29. 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. 

30. 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. 

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

population of 73,828 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. 

32. 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. 

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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. 

¥hen 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. 

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. 

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. 

The State of Alabama as part of this policy, scheme, pattern 

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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 majority-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. 

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

permitted to vote and constituted mar jorities 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. 

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.  



    

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. 

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. 

35. 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. 

WHEREFORE, plaintiffs respectfully pray that this court 

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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: 

l. 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 

court may deem just and proper. 

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ear or fbn Respectfully submitted this Jf day of A&dr..lec : 

198% . 

  

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

Cn ak, BA Let 
LARRY T/ MENEPEE / 
JAMES U' BLACKSHER 
WANDA J. COCHRAN 

  

TERRY G. DAVIS 
Seay & Davis 
732 Carter Hill Road 
P. O. 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 

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