Final Order Approving Crenshaw County Settlement; Consent Decree Between Plaintiffs and Crenshaw County Defendants

    ® ® FILED 

JUN 1 71985 
H Si LW iy Fae 

8 

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

NORTHERN DIVISION 

JOHN DILLARD, ET AL., x 

Plaintiffs, * 

vs. * COA NO. 85-T7-1532-N 

CRENSHAW COUNTY, ALABAMA, ET AL. * 

Defendants. * 

FINAL ORDER APPROVING CRENSHAW COUNTY SETTLEMENT 

Pursuant to the order of this Court entered April 18, 

1986, this court has been notified that the Department of Justice 

has precleared the proposed election plan for Crenshaw County 

pursuant to Section 5 of the Voting Rights Act of 1965, 42 U.S.C. 

section 1973c. The court having previously determined in its 

order of April 18, 1988, that the requirements of Rule 23, 

Fed.R.Civ.P. were met and that the proposed settlement was fair, 

just and equitable and the Department of Justice having now 

precleared the proposed changes pursuant to Section 5 of the 

Voting Rights Act, the court hereby finally approves the proposed 

settlement, the proposed consent decree previously submitted by 

the parties will be approved with the understanding that 

paragraphs 5 and 6 of the proposed consent decree are no 

longer applicable. 

 



  

DONE this Mday of Swe, 1986. 
  

Vary 
  

  UNITED STATES DISTRICT JUDGE ~~ 

 



  

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

NORTHERN DIVISION JUN 17 1985 

JOHN DILLARD, et al., ) AREER 

Plaintiffs, ) 

VS. ) CA NO. 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, ) 
et al., 

Defendants. 3 

Zum CONSENT DECREE BETWEEN PLAINTIFFS AND 
RENSH AN 

This lawsuit was brought by Plaintiffs John Dillard and 

Havard Richburg, individually and on behalf of all other black 

persons similarly situated in Crenshaw County, Alabama. 

Plaintiffs alleged that the at-large election system utilized by 

the Crenshaw County Commission denied, abridged and diluted their 

right to vote pursuant to the Fourteenth and Fifteenth 

Amendments, and 42 U.S.C. sections 1973, 1983 and 1988. Pursuant 

to 23(b)(R), F.R.C.P., the Court certifies the plaintiffs as 

representatives of the class of all black citizens of Crenshaw 

County. 

The defendants are 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; and, Frances A. Smith, in her official capacity as 

Sheriff of Crenshaw County, Alabama. 

The defendants denied the allegations of the complaint. 

Prior to trial on the merits of this case, the parties met and 

discussed settlement, and they entered into a mutually 

satisfactory settlement of all claims and have consented to the 

issuance of this decree, order and judgment (hereinafter "this 

Decree"). 

The Court has fully examined this settlement and finds that 

it is fair, reasonable and adequate, that the rights of the Class 

represented by the named plaintiffs, and each member thereof, are 

and will be fully protected by the settlement, and that it is in 

accordance with the Federal Rules of Civil Procedure, the Voting 

Rights Act of 1965, as amended, and follows the applicable rules 

and principles of law. 

THEREFORE, upon due consideration by the Court of the record 

herein, it is ORDERED, ADJUDGED and DECREED as follows: 

I. ur 4 

This Court has Jurisdiction of the parties and the subject 

of this action. 

 



II. Notice. 

The Court has heretofore approved by order a form and mode 

of Notice to Class concerning the settlement. This order has 

been complied with, and the Court finds that adequate notice has 

been given to the Class. 

III. The Election Process. 

It is HEREBY ORDERED that Defendants Crenshaw County, qua 

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; and, Frances A. Smith, in 

her official capacity as Sheriff of Crenshaw County, their 

agents, attorneys, employees and those acting in concert with 

them or at their direction are ENJOINED from conducting the 

elections for the Crenshaw County Commission under the present 

at-large election system, and are FURTHER ENJOINED as follows: 

1. The Crenshaw County Defendants admit that the present 

at-large method of election for the Crenshaw County Commission is 

a violation of Section 2 of the Voting Rights Act, as amended, 

and that the Court must enter relief in the form of single-member 

districts.  



  

2. Elections shall be held from five single-member 

districts. The commissioners so elected shall serve four-year 

terms in accordance with state law. 

3. ¥Yhen the commissioners elected from the five 

single-member districts take office in January 1987, the Probate 

Judge will continue as a member thereof but become a nonvoting 

chair of the Crenshaw County Commission. He shall also continue 

with his duties as chief executive officer of Crenshaw County. 

However, beginning in January 1993, the Probate Judge shall no 

longer be a member of the Crenshaw County Commission, although he 

shall continue to function as the chief executive officer of the 

county. Beginning in January 1993 and thereafter, the five 

single-member district commissioners shall elect one of their 

number to be president of the Commission. The President of the 

Commission shall preside at meetings of the County Commission and 

shall set the agenda, but the President shall receive no more 

compensation than any other commissioner. 

4. The plaintiffs are prevailing parties for the purpose of 

the award of attorneys’ fees and expenses. A determination of 

the plaintiffs’ claims for attorneys’ fees and expenses is 

deferred until further order of the Court or appropriate motion 

by any party. 

5. Crenshaw County has submitted the agreed upon plan for 

preclearance under Section 5 of the Voting Rights Act. Because of 

 



  

the impending 1986 primary and general elections, the Court will 

not defer consideration of the agreed upon plan for completion of 

the preclearance process. 

6. If the agreed upon plan is approved by the Court and 

subsequently is denied preclearance under Section 5 of the Voting 

Rights Act, the 1986 elections nevertheless shall be conducted 

under the court-approved plan. However, plaintiffs and the 

Crenshaw County defendants shall be given a reasonable 

opportunity to obtain preclearance of another agreed upon plan to 

be used in subsequent county commission elections. 

7. The finally approved court-ordered plan shall remain in 

effect only until the Legislature of Alabama shall adopt a plan, 

whether it is the plan approved by this Court or another plan, 

which meets the requirements of the laws and Constitution of the 

United States. 
w—— 

DONE this 1 ay of ume , 1028. 

UNJTED STATES DISTRICT JUBGE___ 

  

  

  

Agreed to: 

BLACKSHER, MENEFEE & STEIN, P.A. 
405 Van Antwerp Bldg. 
P. OO. Box 1051 
Mobile, Alabama 36633 

(205) 433-2000 

 



  

JAMES UD. BLACKSHER 
WANDA J. COCHRAN 

TERRY G. DAVIS 
SEAY & DAVIS 
732 Carter Hill Road 
P. O. Box 68125 
Montgomery, Alabama 36106 
(205) 834-2000 

DEBORAH FINS 
JULIUS L. CHAMBERS 

NAACP LEGAL DEFENSE FUND 

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

(212) 219-1900 

EDWARD STILL 
REEVES & STILL 
714 South 29th Street 
Birmingham, Alabama 35233-2810 
(205) 322-6631 

REO KIRKLAND, Jr. 

307 Evergreen Avenue 
P. 0. Box 646 
Brewton, Alabama 36427 

(205) 867-5711 

Attorneys for Plaintiffs 

TURNER & JONES 
P. 0. Box 207 
Luverne, AL 36049 

(205) 335-3302 

LATER iin 
AfTON L. TURNER 

  

  

Attorney for Defendant Crenshaw County 

 



  

CRENSHAW COUNTY, ALABAMA 

FIVE DISTRICT PLAN 

DISTRICT POPULATION - WHITE BLACK 
1 2801 - - 

2 2774 - 

3 2938 2769 208 

4 2826 2149 672 

5 2771 1033 17.35 

 



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