The court sets out in this memorandum opinion its findings offact and conclusions of law.
Fed. R. Civ. P. 52(a)(1).IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF TEXASDALLAS DIVISIONMANUEL A. BENAVIDEZ, §§Plaintiff, §§ Civil Action No. 3:08-CV-0924-DVS. §§IRVING INDEPENDENT SCHOOL §DISTRICT, TEXAS, et al., §§Defendants. §MEMORANDUM OPINIONPlaintiff Manuel A. Benavidez (“Benavidez”), a Hispanicresident of the Irving Independent School District (“Irving ISD”),brings this action under § 2 of the Voting Rights Act of 1965, 42U.S.C. § 1973, challenging the Irving ISD at-large system ofelecting members of the Board of Trustees. Following a benchtrial, and for the reasons that follow,
the court finds thatBenavidez has failed to prove the first essential element of a § 2claim. To satisfy this requirement, Benavidez must prove that theHispanic minority group in the school district is sufficientlylarge and geographically compact to constitute a majority in asingle member district.
See Thornburg v. Gingles
, 478 U.S. 30, 50(1986). To meet this burden of proof, Benavidez relies on the 2007one-year American Community Survey data (“2007 ACS data”) ratherthan data from the 2000 Census. Benavidez has failed to prove thathis alternate population figures are thoroughly documented, have a
Case 3:08-cv-00924-D Document 38 Filed 01/20/2010 Page 1 of 26