United States v. Dallas County Commission

Summary

The Eleventh Circuit held that the district court’s remedial election plan for the Dallas County Board of Education did not adequately remedy a violation of Section 2 of the Voting Rights Act because its inclusion of an at-large seat perpetuated the dilution of Black voting strength. The court vacated the plan and directed implementation of a five-single-member-district plan proposed by Dr. Allan Lichtman. The court also dismissed an attempted appeal concerning intervention under Federal Rule of Civil Procedure 24(a) for lack of jurisdiction and upheld the denial of permissive intervention under Rule 24(b).

Holdings

1. A remedial election plan that retains an at-large seat does not comply with section 2 when the record demonstrates that the at-large seat will not provide Black voters an equal opportunity to participate in the political process and elect candidates of their choice.
2. The appeal from denial of intervention as of right was untimely because the applicants did not file their notice of appeal within the applicable sixty-day period.
3. The district court did not abuse its discretion by denying the applicants' motion for permissive intervention.

Questions Presented

1. Whether the district court's remedial election plan for the Dallas County Board of Education complied with section 2 of the Voting Rights Act.
2. Whether the applicants' appeal from denial of intervention as of right was timely and within the court's appellate jurisdiction.
3. Whether the district court abused its discretion by denying permissive intervention under Federal Rule of Civil Procedure 24(b).

Disposition

other