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Case 7:10-cv-02067-SLB Document 3 Filed 08/02/10 Page 1 of 5 FILED

2010 Aug-02 AM 10:42
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION

WILLIAM JOHNSON, ANNIE PEARL *
LEFTWICH, BOBBI MORGAN, DONALD *
MEANS, ERNEST EDMONDS, FAIRY *
GORDON, IRIS SERMON, JOHNNY BUTLER, *
MERJEAN LITTLE, MOSES JONES, VASSIE *
BROWN, WILLIE MAE REEVES, BEVERLY *
GORDON, JOHNNY B. MORROW, FANNIE *
ISHMAN, LESLIE CHEATEM, MARGIE *
JAMES, BOBBY SINGLETON, A. J. *
MCCAMBELL, JOHNNY FORD, LOUIS *
MAXWELL, MARY RUTH WOODS, LISA M. *
WARE, CLARA P. GRIMMETT, CHARLES *
CHAMBLISS, JOHNNIE B. HARRISON, G. *
DYANN ROBINSON, SHIRLEY W. CURRY, *
SARAH STRINGER, MILES D. ROBINSON, and *
WILLIE LEE PATTERSON, individually and on *
behalf of others similarly situated, *
*
Plaintiffs, *
* Civil Action No.
v. * 7:10-cv-02067-SLB
*
BOB RILEY, in his individual capacity and in his * Three-judge court
official capacity as Governor of Alabama, and * requested
JOHN M. TYSON, JR., individually and in his *
official capacity as special prosecutor and task *
force commander of the Governor’s Task Force on *
Illegal Gaming, *
*
Defendants. *

PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION
Case 7:10-cv-02067-SLB Document 3 Filed 08/02/10 Page 2 of 5

Plaintiffs William Johnson et al., through undersigned counsel, pursuant to

Rule 65, Fed.R.Civ.P., move for entry of a preliminary injunction under § 5 of the

Voting Rights Act, 42 U.S.C. § 1973c, restoring the status quo ante in Greene

County and preserving the status quo in Macon County. As grounds for their

motion, plaintiffs would show, as more fully set out in their brief supporting this

motion, as follows:

1. There is a substantial likelihood that plaintiffs will prevail on the merits.

2. Plaintiffs and the class they seek to represent will suffer irreparable injury

unless the preliminary injunction issues.

3. Defendants will suffer no irreparable injury if a preliminary injunction is

entered. Alternatively, the threatened injury to plaintiffs and the class they seek to

represent outweighs whatever damage the proposed injunction may cause

defendants.

4. If issued, the injunction would not be adverse to the public interest. To

the contrary, it would carry out Congress’ intent in enacting § 5 of the Voting

Rights Act, which is to shift the burden of time and inertia to the state to

demonstrate that changes in standards, practices or procedures affecting voting will

have neither the purpose nor the effect of denying or abridging the right to vote of

African Americans.

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WHEREFORE, plaintiffs pray that the Court will:

A. Request the Chief Judge of the Court of Appeals for the Eleventh Circuit

to convene a three-judge court to hear and decide Count One of plaintiffs’

complaint.

B. Following a hearing before the three-judge Court,

(1) enter a preliminary injunction prohibiting defendants Riley and

Tyson and those acting in concert with them or at their direction from

implementing Executive Order 44 and amended Executive Order 44 and from

conducting police raids in Greene and Macon Counties complained of herein until

they have been submitted and precleared under § 5 of the Voting Rights Act, 42

U.S.C. § 1973c; and

(2) grant such other and further equitable relief as may be necessary to

restore the personal and property rights in Greene and Macon Counties violated by

the unlawful implementation of Executive Order 44 and amended Executive Order

44 and the police raids complained of herein.

C. Plaintiffs further pray that the court will exercise its discretion under

Rule 65(c), Fed.R.Civ.P., and waive the requirement that plaintiffs give security in

an amount that the court considers proper to pay the costs and damages sustained

by any party found to have been wrongfully enjoined or restrained. Alternatively,

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plaintiffs offer to post security in the form of a bond, or as otherwise required by

the Court, in such sum as the Court deems necessary.

Respectfully submitted this 2nd day of August, 2010,

Edward Still s/James U. Blacksher
Bar No. ASB-4786-I 47W Bar No. ASB-2381-S82J
2112 11th Avenue South P.O. Box 636
Suite 541 Birmingham AL 35201
Birmingham, AL 35205 205-591-7238
205-320-2882 Fax: 866-845-4395
fax 205-449-9752 E-mail: jblacksher@ns.sympatico.ca
E-mail: still@votelaw.com
Fred D. Gray
Bar No. ASB-1727-R63F
Gray, Langford, Sapp, McGowan,
Gray & Nathanson
P. O. Box 830239
Tuskegee , AL 36083-0239
Attorneys for plaintiffs 334-727-4830
Fax: 334-727-5877
E-mail: fgray@glsmgn.com

CERTIFICATE OF SERVICE

I hereby certify that on August 2, 2010, I electronically filed the foregoing
with the Clerk of the Court using the CM/ECF system, and I sent by first class mail
notification of such filing to the following:

John M. Tyson, Jr. Hon. Bob Riley
Task Force Commander Governor's Office
Office of Governor Bob Riley State Capitol
600 Dexter Avenue 600 Dexter Avenue
Montgomery, Alabama 36130 Montgomery, Alabama 36130

John M. Tyson, Jr. Hon. Troy King
District Attorney Attorney General

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205 Government Street Suite C-501 500 Dexter Ave.
Mobile, Alabama 36644 Montgomery AL 36130

Respectfully submitted,

s/ James U. Blacksher
JAMES U. BLACKSHER
Ala. Bar Code: ASB-2381-S82J
P.O. Box 636
Birmingham AL 35201
Telephone: 205-591-7238
Fax: 866-845-4395
E-mail: jblacksher@ns.sympatico.ca

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