Motion to Dismiss

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

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; DAMASCUS 
CRITTENDEN, Jr., RUBIN McKINNON, and 
WILLIAM S. ROGERS of Coffee County; 
EARWEN FERRELL, C. L. BRADFORD and 
CLARENCE J. JAIRRELLS 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, LINDBURGH JACKSON, 
CAROLYN BRYANT, and GEORGE BANDY, of 
Lee County, on behalf of themselves 
and other similarly situated persons, 

Plaintiffs, 

vs. CA NO. 85-T-133%32-N 

CRENSHAW COUNTY, ALABAMA, qua COUNTY; 
IRA THOMPSON HARBIN, JERRY LIL. 
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 WOFFORD, 

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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 capacity 
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, 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, 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; LEE COUNTY, ALABAMA, 
qua COUNTY; HAL SMITH, in his 
official capacity as Probate Judge 
of Lee County; ANNETTE H. HARDY, in 
her official capacity as Circuit 
Clerk of Lee County; and HERMAN 
CHAPMAN, in his official capacity as 

 



  

Sheriff of Lee County; the STATE 
OF ALABAMA; Don Siegelman, in 
his official capacity as ATTORNEY 
GENERAL OF ALABAMA; the TALLADEGA 
COUNTY BOARD OF EDUCATION, a 
political subdivision of the 
State of Alabama; and the CITY 
OF CHILDERSBURG, a political 
subdivision of the State of 
Alabama, 

Defendants. 

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MOTION TO DISMISS 
  

Comes now Don Siegelman, in his official capacity as the 

Attorney General of the State of Alabama, who is named as a 

Defendant in this cause, and moves this Honorable Court, 

pursuant to Rule 12 of the Federal Rules of Civil Procedure, to 

dismiss the Amended Complaint heretofore filed against it and 

to strike the State as a party Defendant, and as grounds for 

said motion shows the Court the following: 

1. The Attorney General is immune from suit in his 

official capacity under the Eleventh Amendment to the United 

States Constitution. 

2. The amended complaint fails to state a claim against 

the Attorney General upon which relief can be granted under the 

Voting Rights Act or the United States Constitution. 

 



  

1 The Attorney General is not a necessary or a proper 

party to this proceeding. 

4. The Attorney General is not a member of the defendant 

class and may. not be sued as such. 

5. The Attorney General is not an adequate class 

representative for the defendant class under Fed. R. Civ. 

P.23. 

6. The Attorney General is not a proper class 

representative for the defendant class in that he does not 

assert defenses typical of that class. 

WHEREFORE, THE PREMISES CONSIDERED, Don Siegelman, in his 

official capacity as Attorney General of the State of Alabama, 

prays that Plaintiffs' Amended Complaint against him be 

dismissed. 

Respectfully submitted, 

DON SIEGELMAN 
ATTORNEY GENERAL 

pr —— 

PLN 
for} 

ROSA H. "DAVIS 
ASSISTANT ATTORNEY GENERAL 

A Ctl 2. a 
SUSAN E. RUSS 
ASSISTANT ATTORNEY GENERAL 

| 

  

  

  

ADDRESS OF COUNSEL: 

Office of the Attorney General 
Alabama State House 
11 South Union Street 
Montgomery, AL 36130 
(205) 261-7406 

 



  

CERTIFICATE OF SERVICE 
  

I hereby certify that I have served a copy of the 

foregoing upon: 
: James U. Blacksher 

BLACKSHER, MENEFEE & STEIN, P.A. 
405 Van Antwerp Building 
P. 0. Box 105] 
Mobile, AL 36633 

Larry T. Menefee 
BLACKSHER, MENEFEE & STEIN, P.A. 
Fifth Ploor, Title Building 
300 Twenty-First Street, North 
Birmingham, AL 35203 

Terry Davis 
SEAY & DAVIS 
732 Carter Hill Road 
P.. 0. Box 6215 
Montgomery, AL 36106 

Julius L. Chambers 
Pamela S. Karlan 

Lanie Guinier 

99 Hudson Street 

16th Floor 
New York, New York 10013 

W. Edward Still 
REEVES & STILL 
714 South 29th Street 
Birmingham, AL 35233-2810 

Reo Kirkland, Jr. 
307 Evergreen Avenue 
P. 0, Box 646 
Brewton, AL 36427 

by placing a copy of same to them in the U. S. Mail, properly 

addressed and postage prepaid. 

  

  

DONE this 3of day of April, 1987. 

ADDRESS OF COUNSEL: SAS evi iF ti, 
Attorney General's Office SUSAN E. RUSS 
11 South Union Street ASSISTANT ATTORNEY GENERAL 
Montgomery, AL 36130 
(205) 261-7406 

 



  

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

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; DAMASCUS 
CRITTENDEN, Jr., RUBIN McKINNON, and 
WILLIAM S. ROGERS of Coffee County; 
EARWEN FERRELL, C. L. BRADFORD and 
CLARENCE J. JAIRRELLS 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, LINDBURGH JACKSON, 
CAROLYN BRYANT, and GEORGE BANDY, of 
Lee County, on behalf of themselves 
and other similarly situated persons, 

Plaintiffs, 

VS. CA NO. 85-T-13%2-N 

CRENSHAW COUNTY, ALABAMA, qua COUNTY; 
IRA THOMPSON HARBIN, JERRY LIL. 
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 WOFFORD, 

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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 1, PROCTOR, in his 
official capacity as Probate Judge; 
LARRY SMITH, in his official capacity 
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, 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, 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; LEE COUNTY, ALABAMA, 
qua COUNTY; HAL SMITH, in his 
official capacity as Probate Judge 
of Lee County; ANNETTE H. HARDY, in 
her official capacity as Circuit 
Clerk of Lee County; and HERMAN 
CHAPMAN, in his official capacity as N
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Sheriff of Lee County; the STATE 
OF ALABAMA; Don Siegelman, in 
his official capacity as ATTORNEY 
GENERAL OF ALABAMA; the TALLADEGA 
COUNTY BOARD OF EDUCATION, a 
political subdivision of the 
State of Alabama; and the CITY 
OF CHILDERSBURG, a political 
subdivision of the State of 
Alabama, 

Defendants. 

MOTION TO DISMISS 

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Comes now the State of Alabama, which is named as a 

Defendant in this cause, and moves this Honorable Court, 

pursuant to Rule 12 of the Federal Rules of Civil Procedure, to 

dismiss the Amended Complaint hertofore filed against it and 

to strike the State as a party Defendant, and as grounds for 

said motion shows the court the following: 

1. The State of Alabama is immune from suit under the 

Eleventh Amendment to the United States Constitution. 

2 The amended complaint fails to state a claim against 

the State upon which relief can be granted under the Voting 

Rights Act or the United States Constitution. 

oe I The State of Alabama is not a necessary or a proper 

party to this proceeding. 

 



  

WHEREFORE, THE PREMISES CONSIDERED, the State of Alabama 

prays that Plaintiffs' Amended Complaint against it be 

dismissed. 

Respectfully submitted, 

DON SIEGELMAN 
ATTORNEY GENERAL 
By: 

_— \ 

TF SL 

Yo SS Cn 
ROSA H. DAVIS 

ASSISTANT ATTORNEY GENERAL 

hy Zot 
SUSAN RUSS 
ASSISTANT ATTORNEY GENERAL 

  

  

ADDRESS OF COUNSEL: 

Office of the Attorney General 
Alabama State House 
11 South Union Street 
Montgomery, AL 36130 
(205 261-7406 

 



  

CERTIFICATE OF SERVICE 
  

I hereby certify that I have served a copy of the 

foregoing upon: 
: James U. Blacksher 

BLACKSHER, MENEFEE & STEIN, P.A. 
405 Van Antwerp Building 
P. O. Box 1051 
Mobile, AL %6633% 

Larry T. Menefee 
BLACKSHER, MENEFEE & STEIN, P.A. 
Fifth Floor, Title Building 
300 Twenty-First Street, North 
Birmingham, AL 35203 

Terry Davis 
SEAY & DAVIS 
732 Carter Hill Road 
P. 0. Box 6215 
Montgomery, AL 36106 

Julius L. Chambers 

Pamela S. Karlan 

Lanie Guinier 

99 Hudson Street 
16th Ploor 
New York, New York 10013 

W. Edward Still 

REEVES & STILL 
714 South 29th Street 

Birmingham, AL 35233-2810 

Reo Kirkland, Jr. 

307 Evergreen Avenue 
P.O. Box 646 
Brewton, AL 36427 

by placing a copy of same to them in the U. S. Mail, properly 

addressed and postage prepaid. 

DONE this 3,4 day of April, 1987. 
  

  

ADDRESS OF COUNSEL: Stan WF 
Attorney General's Office SUSAN E. RUSS 
11 South Union Street ASSISTANT ATTORREY GENERAL 
Montgomery, AL 36130 
(205) 261-7406