Order Approving Crenshaw County Settlement on Interim Basis

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IN THE UNITED STATES DISTRICT COURT FOR THE 
MIDDLE DISTRICT OF ALABMA APR 1 81986 

NORTHERN DIVISION EY 
THOMAS C. CAVER, CLEKI 
BY os 

\ DEPUTY CLERK 

JOHN DILLARD, et al., ) 

Plaintiffs, ) 

vs. ) CA NO. 85-7—1332-XN 

CRENSHAY COUNTY, ALABAMA, ) 
et al., 

Defendants. ) 

ORDER APPROVING CRENSHAW COUNTY 
SETTLEMENT ON INTERIM BASIS 
  

Pursuant to the Order of this Court entered on March 

24, 1986, a hearing was held on April 18, 1986, to determine the 

fairness and adequacy of the proposed settlememt 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 Crenshaw County defendants urged the Court to approve the 

settlement and presented evidence that the pukilication and notice 

requirements of this Court's order of March 24, 1986, had been 

complied with and presented supporting demographic data 

describing the districting plan. No class members filed any 

written objections with the Clerk of the Court and none appeared 

 



  

in person to express objections to the proposed settlement. 

The Court finds that the requirements of Rule 23, 

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

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

  v. Hinton, 559 F.2d 1326 (5th Cir. 1977): Holmes Vv. Continental 

Can Co., 706 F.2d 1144 (11th Cir. 1983); Lurns v. Russell Corp., 

604 F.Supp 1335 (M.D.Ala. 1984). 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 5 of the Voting Rights Act 

of 1965, 42 U.S.C. section 1873Cc. McDaniel v. Sanchez, 452 U.S. 

130 (1981). Therefore the Court directs that Defendant Crenshaw 

County, within fourteen days of date hereon, submit to the 

Department of Justice for preclearance pursuant to Section 5 of 

the Voting Rights Act of 1965 the proposed election plan. The 

Defendant Crenshaw County is further 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 Defendant Crenshaw County shall promptly notify 

this Court of the determination of the Department of Justice. 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 objects to the proposed 

 



  

plan, the Court will allow the parties an opportunity to make a 

further submission to the Department of Justice in an attempt to 

cure the objections. | 

Qualifying for the party primary elections closes April 

18, 1986. Party primary elections are scheduled for June 3, 1986, 

with any necessary runoffs to be held on June 24, 1886. 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 plan should be implemented as the Court's own 

interim plan for the conduct of the imminent primary elections. 

  

Upham v. Seamon 456 U.S. 37 (1982); Burton v. Hobbie 543 

F.Supp. 238 (M.D.Ala, 1982), aff'd U.S. ..., 103 S.Ct. 2386 (Nov. 

1, 1982). 

Therefore, the Court hereby enjoins Cremshaw County, 

Alabama, Ira Thompson Harbin, in his official capacity as Probate 

Judge of Crenshaw County, Ann Tate, in her official capacity as 

Circuit Clerk of Crenshaw County, Frances A. Smith, in his 

official capacity as Sheriff of Crenshaw County, and 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, their agents, servants, attorneys and 

those acting in concert with them from failing or refusing to 

 



  

conduct primary elections for the Crenshaw County Commission from 

of the plan submitted by yt parties to this Court. 

DONE __ this _|37 day of rps | , 1986. 

Mis Oop 

  

  

we STATES DISTRICT JUDGE ——