Answer to Third Supplement to Complaint

    IN TIIE UNTTED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLTNA

RALEIGH DIVTSION

CIVIL ACTTON NO. 81.803-CIV-5

I
\'-

q

RALPH

RUFUS

The Complaint,

Complaint, fails to

granted.

GINGLES, €t 41.,

Plaintiffs,

V.

EDMISTEN, etc., et al.

Defendants.

FIRST DEFENSE

as supplemented by

state a claim upon

ANSi^IER TO TIIIRD SUPPLEMENT TO
COMPLAINT

l- t Xt-,

the Third Supplement

which relief can be

to

SECOND DEFENSB

The Defendants in the above-captioned action answer the

allegations contained in the Third Supplement to Complaint as

follows:

1. The allegations contained in Paragraph 135 are admitted.

2. The allegations contained in Paragraph 136 are admitted.

3. The Defendants admit that, following an objection by the

Department of Justice under the 55 of the Voting Rights Act,

the General Assembly amended the February L982 apportionment

of the House of Representatives contained in Chapter 4 of the

Extra Session Laws of 7982 and the February 1982 apportionment

of the Senate contained in Chapter 5 of the Extra Session Laws

of L982. To the extent that the allegations contained in

Paragraph L37 differ from the response herein, those allegations

are denied.



-2-

4. The allegations contained in Paragraph 138 are admitted.

5. The allegations in Paragraph in 139 are admitted.

6. The allegations contained in Paragraph 140 are denied.

7. The atlegations contained in Paragraph 141 are admitted.

8. The allegations contained in Paragraph 142 are denied.

g. The allegations contained in Paragraph 143 are denied.

10. t{ith respect to the allegations contained in Paragraph L44,

the North Carolina House of Representati-ves, at its april L982

session, avoided the adoption of plans which would dilute minority

voting strength. To the extent that the allegations contained in

paragraph L44 differ from the response herein, those allegations

are denied.

11. The allegations contained in Paragraph 145 are denied.

L2. The allegations contained in Paragraph l-46 are denj-ed.

13. The allegations contained in Paragraph I47 are admitted.

14. The allegations contained in Paragraph 148 are denied.

15. The allegations contained in Paragraph Ug are denied.

15. I{ith respect to Paragraph 150, the North Carolina Senate,

at its April i-982 session, avoided the adoption of plans which

would dilute minori-ty voting strength. To the extent that the

allegations contained in Paragraph 150 differ from the response

herei.n, those allegations are denied.

17. The allegations contained in Paragraph 151 are denied.

18. With respect to Paragraph !52, Defendants admit that Plain-

tiffs purport to bring their fifteenth claim pursuant to Section 2

of the voting Rights Act of 1965, ds amended, 42 u.s.c. sI973.



-3-

19. The allegations contained in Paragraph 153 are denied'.

20. With respect to Paragraph 154 it is admitted that Plaintiffs

purport to bring their sixteenth claim for relief pursuant to

42 U.S.C. 51983 to enforce the Thirteenth, the Equal Protection

Clause of the Fourteenth, and the Fifteenth Amendment to the

United States Constitution, and pursuant to 42 U.S.C. 51981.

2L. The altegations contained in Paragraph 155 are denied.

22. Defendants incorporate their response to Paragraphs L24-128

of the second supplement to the complaint by reference.

23. The allegations contained in Paragraph 157 are denied.

24. The allegations contained in Paragraph 158 are denied.

25. The allegations contained in Paragraph 159 are denied.

26. Defendants admit that Pl-aintiffs purport to bring their

seventeenth claim for relief to redress the Defendants' failure

to meet an oblj-gation to eliminate the effects of past discrimi-

nation and to assure that black citizens have a fair opportunity

to el-ect representatives of their choice to the General Assembly;

Defendants further admit that Plaintiffs purport to bring their

seventeenth claim pursuant to 42 U.S.C. 51983 to enforce the

Thirteenth Amendment, the Equal Protection Clause of the Four-

teenth Amendment and the Fifteenth Amendment to the U. S. Consti--

tution, to 42 U.S.C. 51981 and to 52 of the Voting Rights Act of

1965 as amended, 42 U.S.C. SI973. To the extent that the a1le-

gations contained in Paragraph 150 differ from the response here-

in, those allegations are denied-



-4-

WHEREFORE, Defendants, having ful1y answered each and

every allegation contained in the Plaintiffs I Third Supplement

to Complaj-nt, and having set forth their defenses i-n their earlier
p1eadl-ngs, pray that the Court deny the relief requested and

dismiss the Complaint with prejudice.

ANShTER TO AMENDMENT TO COI{PLATNT

Plaintiffs having amended their second claim for relief

at Paragraphs 48-49, fifth claim for rel-ief at Paragraph 70,

tenth claim for relief at Paragraph 102, and twelth claj-m for
relief at Paragraph L23, Defendants deny the allegations con-

tained in each of said paragraphs, as amended by Plaintiffs'
Amendment to Complaint, and pray that this action be dismissed.

Respectfully submitted, this the , day of September,

l-982.

RUFUS L.
ATTORNEY

ED}IISTEN

Attorney General's Office
North Carolina Department

of Justice
Post Office Box 529
Ra1eigh, North Carollna 27602
Telephone (919) 733-3377

Norma HarreLl
Tiare Smiley
Assistant Attorneys General

John Lassiter
Associate Attorney General

kffiJali,ep Wallace, Jf?
oeglty Attorney4den e ra 1
//Tor Legal Affairs



-5-

CERTIFICATE OF SERVICE

I hereby certify that I have this day served the foregoi-ng

AI{SWER TO THIRD SUPPLEMENT TO COMPLAINT by placing a copy of

same in the United States Post Office, postage prepaid, addressed

to:
Mr. J. Levonne Chambers
Ms. Leslie Winner
Chambers, Ferguson, Watt, Wallas,

Adkins & Fu1}er, P. A.
951 South fndePendence Boulevard
Charlotte, North Carolina 28202

Ir{r. Jack Greenberg
Mr. James IvI. tlabritt, III
Ms. Lani Guinier
10 Columbus. Circle
New York, IIew York 10019

Mr. Arthur J. Donaldson
Burke, Donaldson, Holshouser & Kenerly
309 lrlorth l,lain Street
Salisbury, North Carolina 28144

Robert N. Hunter, Jr.
Attorney at Law
Post Office Box 3245
201 West Ivlarket Street
Greensboro, North Carolina 27402

I'1r. Ilamilton C. Horton, Jr-
Whiting, Horton c Hendrick
450 NCNB Plaza
Winston-Sa1em, North Carolina 27L01

Ivlr. Wayne T. Ell"iot
Southeistern Legal Foundation
1800 Century Boulevard, Suite 950

This the 3
Atlanta, Georgia 30345

day of SePtember, 1982.



-5

Jerris Leonard
Kathleen Heenan
Jerris Leonard & Associates, P.C.
900 17th Street, N.W.
Suite 1020
!{ashington , D. C. 20006
Telephone (2021 e72-L095

Attorneys for Defendants