State of South Carolina v. Brief Amici Curiae

    IN THE UNITED STATES DISTRICT COURT FOR THE 

SOUTHERN DISTRICT OF ALABAMA 

SOUTHERN DIVISION 

WILEY L. BOLDEN, et al., ) 

Plaintiffs, ) 

and 

UNITED STATES OF AMERICA, ) 

Plaintiff-Intervenor, ) 

VS. ) CIVIL ACTION NO. 75-297-P 

CITY OF MOBILE, ALABAMA, ) 
etal. 

Defendants. ) 

ORDER TENTATIVELY APPROVING COMPROMISE AND 
SETTLEMENT AND REQUIRING NOTICE TO THE CLASS 
  

At a conference in chambers on January 31, 1983, counsel 

for all of the parties informed the Court that they had 

resolved upon a final compromise and settlement of this 

action and sought this Court's tentative approval of its 

terms. Under the terms of the proposed settlement, the City 

Defendants would agree not to appeal a final judgment against 

the present at-large system of electing Mobile City 

Commissioners, and the Plaintiffs would agree not to appeal 

an order providing that the next elections under a 

 



  

e 

court-ordered plan will not be held until 1985. The United 

States, however, noted its objection to postponement of 

remedial elections to 1985. The proposed compromise 

contemplates that the Alabama Legislature will act 

expeditiously in carrying out its responsibility to enact a 

new state-approved election plan for the City of Mobile that 

complies with the constitution and laws of the United States. 

The court-ordered election plan is established only as a 

temporary measure to govern Mobile city elections unless or 

until a new election plan is provided by the state 

legislature. Under the court-ordered election plan, the 

three City Commissioners would be elected from single-member 

districts, the boundaries of which will be determined at a 

later date -by the Court. City Commissioners elected under 

the court-ordered plan would act as a Board and would not 

designate, formally or informally, individual executive 

responsibilities to themselves. A city admministrator would 

be appointed by the City Commission to supervise and 

coordinate the executive and administrative functions. 

The Court is of the opinion that, pursuant to Rule 

23(e), Fed.R.Civ.P., notice of this proposed compromise 

should be given to the members of the class of black citizens 

of the City of Mobile. 

Accordingly, it is hereby ORDERED that the Defendant 

City of Mobile cause the notice attached to this order to be 

 



  

published in the Mobile Register and the Mobile Press 
  

  

times prior to 21983. 
  

It is further ORDERED that copies of the attached notice 

shall be provided by the Defendant City of Mobile to 

representatives of all local radio and television stations 

who have offices in the City of Mobile. Copies shall also be 

supplied by the Defendant City to all of the media 

representatives and black community organizations in Mobile 

who may request a copy thereof. 

Thereafter on , 1983 at 
  

0'Clock, .m., this Court shall conduct a hearing in 

the second floor courtroom in the federal courthouse, St. 

Louis and St. Joseph Street, Mobile, Alabama, to consider 

objections by members of the class to the proposed compromise 

and settlement. 

  

DONE this day of , 1983, 

  

UNITED STATES DISTRICT JUDGE