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Redistricting motion requesting three judge panel

Redistricting motion requesting three judge panel

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Published by: yallpolitics on Mar 21, 2011
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03/21/2011

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Plaintiffs filed the case as a class action. However, plaintiffs have not filed a formal
1
motion for class certification yet.1
IN THE UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF MISSISSIPPIJACKSON DIVISIONMISSISSIPPI STATE CONFERENCE OF THE PLAINTIFFSNATIONAL ASSOCIATION FOR THE ADVANCEMENTOF COLORED PEOPLE, THOMAS PLUNKETT, RODWOULLARD, and HOLLIS WATKINS, on behalf of themselvesand all others similarly situatedVS. CIVIL ACTION NO.
 
3:11-cv-3:11-cv-159 (DPJ) (FKB)HALEY BARBOUR, in his official capacity asGovernor of the State of Mississippi, JIM HOOD,in his official capacity as Attorney General of theState of Mississippi, and DELBERT HOSEMANN,in his official capacity as Secretary of State of theState of Mississippi, as members of the State Boardof Election Commissioners; THE MISSISSIPPIREPUBLICAN PARTY EXECUTIVE COMMITTEE;THE MISSISSIPPI DEMOCRATIC PARTY EXECUTIVECOMMITTEE; and CONNIE COCHRAN, in her officialcapacity as Chairman of the Hinds County, MississippiBoard of Election Commissioners, on behalf of herself and all others similarly situated DEFENDANTSMOTION TO CONVENE A THREE-JUDGE COURT
COME NOW the plaintiffs, the Mississippi State Conference of the National Association for the Advancement of Colored People (“NAACP”), Thomas Plunkett, Rod Woullard, and HollisWatkins, on behalf of themselves and all others similarly situated, pursuant to 28 U. S. C. § 2284,
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and move the Court to convene a district court of three judges on the following grounds:1. Plaintiffs filed suit in federal district court on March 17, 2011 challenging theconstitutionality of the apportionment of Mississippi’s statewide legislative body. Plaintiffs
Case 3:11-cv-00159-DPJ -FKB Document 3 Filed 03/21/11 Page 1 of 4
 
The complaint.
2
The complaint.
3
The complaint.
4
The 2011 Election Calender issued by the Mississippi Secretary of State which is
5
attached to this motion and incorporated herein.The 2011 Election Calender issued by the Mississippi Secretary of State which is
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attached to this motion and incorporated herein.2challenge the constitutionality of the apportionment of Mississippi Senate districts and MississippiHouse of Representatives districts. The NAACP has members who are citizens and registered votersin Mississippi Senate district and Mississippi House of Representatives district that are over populated and under represented. Thomas Plunkett is a registered voter in House of RepresentativesDistrict 25 and Senate District 1 which are overpopulated and under represented. Rod Woullard isa registered voters in House of Representatives District 103, a district which is over populated andunder populated. Mississippi Senate districts have a total range of population deviation percentagefrom an ideal Senate district of 69.08%. Mississippi House of Representatives districts have a total
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range of population deviation percentage from an ideal House district of 134.35%. The plaintiffs
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are injured by the malapportioned districts.
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2. Primary elections are scheduled for the Mississippi Legislature for Tuesday, August2, 2011 with run-off elections, if necessary, scheduled for Tuesday August 23, 2011, and a generalelection scheduled for Tuesday, November 8, 2011. The candidate qualification deadline is
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Wednesday, June 1, 2011.
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3. Since both the current districts for the Mississippi Senate and Mississippi House of Representatives greatly exceed 10% population deviation, plaintiffs have asserted a substantial
Case 3:11-cv-00159-DPJ -FKB Document 3 Filed 03/21/11 Page 2 of 4
 
The injunctive relief required to trigger a three-judge district court is a request for a
7
preliminary or permanent injunction.
Page v. Bartels
, supra. However, the single district judgeto which the case is assigned may enter a temporary restraining order until a three-judge districtcourt may be convened.
Id 
., at 185. Plaintiffs will file a motion for a temporary restraining order shortly as well as a motion to permanently enjoin legislative elections under the existingmalapportioned plan.3constitutional claim. See,
Reynolds v. Sims
, 377 U. S. 533, 560-61, 84 S. Ct. 1362, 1381, 12 L. Ed.2d 506 (1964);
Wyche v. Madison Parish Police Jury
, 635 F. 2d 1151, at 1158 (5 Cir. 1981);
th
Brown v. Thomson
, 462 U. S. 835, at 842-843, 103 S. Ct. 2690, at 2696, 77 L. Ed. 2d 214 (1983);
Fairley v. Hattiesburg, Mississippi
, 584 F. 3d 660, at 675 (5 Cir. 2009) (“If a population deviance
th
exceeds 10%, it constitutes a
prima facie
case of invidious discrimination that requires themunicipality to prove a legitimate reason for the discrepancy”).4. A three-judge district court
shall be convened 
when ...
an action
is filed challenging
the constitutionality
of ... the apportionment of any statewide legislative body.”
Page v. Bartels
, 248F. 3d 175, at 185 (3 Cir. 2001), citing 28 U. S. C. § 2284. The three-judge district court shall be
rd
convened when the claim is “non-frivolous” and substantial.
Armour v. State of Ohio
, 925 F. 2d 987(6 Cir. 1991). See, also,
Watkins v. Mabus
, 771 F. Supp. 789 (S. D. Miss. 1991) (three-judge
th
court).5. A three-judge district court is required when a plaintiff challenging theconstitutionality of a statewide legislative redistricting plan seeks injunctive relief.
Page v. Bartels
,
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supra;
Armour v. State of Ohio
, supra;
Watkins v. Mabus
, supra. The plaintiffs request both apreliminary and permanent injunction in their complaint. The plaintiffs will soon file a formalmotion requesting this injunctive relief.
Case 3:11-cv-00159-DPJ -FKB Document 3 Filed 03/21/11 Page 3 of 4

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