CASE SUMMARY
On February 25, 2014, Georgia's Legislature passed a bill changing the Sumter County Board of Elections and Registration from a nine-member body to a seven-member body, with five members elected from single-member districts under a new redistricting plan and two elected at-large. On March 7, 2014, a resident of Sumter County, Georgia, filed a federal lawsuit against the Sumter County Board of Elections and Registration challenging the new method of election as violating Section 2 of the Voting Rights Act. The plaintiff also alleged that two of the new Board of Education districts violated Section 2 by "packing" black voters into those two districts to dilute their voting strength. He sought a court order requiring the Board of Education to have only nine single-member districts and to institute a new, lawful redistricting plan, and an injunction barring the county from holding their 2014 elections until the new election method was implemented.
On July 14, 2015, the district court granted summary judgment for the defendants, finding that the plaintiff had failed to sufficiently establish the existence of the third Thornburg v. Gingles precondition for Section 2 liability, which requires that the white majority votes sufficiently as a bloc to enable it to usually defeat the minority's preferred candidate. On July 28, 2016, the U.S. Court of Appeals for the Eleventh Circuit reversed the district court's ruling on the grounds the lower court improperly made credibility determinations as to the parties' expert witnesses during the summary judgment stage and remanded the case back to the district court.
On March 17, 2018, the district court ruled that the Board of Education's at-large election scheme for two of its members violated Section 2 of the Voting Rights Act and ordered the defendants to devise a remedial redistricting plan. During the remedial phase, the district court entered an order on August 17, 2018, enjoining the defendants from conducting the November 2018 school board elections on the grounds it wasn't feasible for the court to timely issue a new map with interim boundaries prior to election day. On September 23, 2019, the district court appointed a special master to aid in the creation of a remedial redistricting plan, and on January 29, 2020, the district court adopted the special master's remedial redistricting plan. The defendants appealed all three of these decisions to the U.S. Court of Appeals for the Eleventh Circuit.
On October 27, 2020, the Eleventh Circuit issued its ruling affirming the decisions of the district court, finding no clear errors in its fact-finding or final judgment.
CASE LIBRARY
U.S. District Court for the Middle District of Georgia, Albany Division - No. 1:14-cv-42
- Complaint & Injunction to Stop March 18, 2014 and May 20, 2014 Sumter County School Elections - 3/7/14
- Defendant's Master Exhibit List Regarding Preliminary Injunction Hearing - 3/14/14
- Order - 3/17/14
- Answer to Plaintiff's Injunction - 3/28/14
- Order Denying Plaintiff's Motion for Preliminary Injunction - 4/3/14
- Plaintiff's First Request for Judicial Notice - 10/14/14
- Deposition of Mathis Kearse Wright, Jr. - 11/13/14
- Deposition of Frederick Glenn McBride - 11/14/14
- Deposition of Karen Owen - 11/20/14
- Sumter County Board of Elections and Registration's Motion for Summary Judgment - 1/12/15
- Sumter County Board of Elections and Registration's Motion to Exclude Portion of Plaintiff's Expert Report and Testimony - 1/12/15
- Plaintiff's Brief in Response to Defendant's Motion to Exclude Portion of Plaintiff's Expert Report and Testimony - 1/30/15
- Plaintiff's Brief in Response to Defendant's Motion for Summary Judgment - 2/2/15
- Sumter County Board of Elections and Registration's Reply in Support of Motion to Exclude Portion of Plaintiff's Expert Report and Testimony - 2/13/15
- Sumter County Board of Elections and Registration's Reply in Support of Motion for Summary Judgment - 2/17/15
- Plaintiff's Cross-Motion for Summary Judgment - 3/13/15
- Emergency Motion to Strike Plaintiff's Motion for Summary Judgment and to Stay the Time for Defendant to Respond to Plaintiff's Motion - 3/18/15
- Order - 3/20/15
- Plaintiff's Brief in Response to Defendant's Motion to Strike - 3/25/15
- Plaintiff's Response to Defendant's Numbered Material Facts and Statement of Material Facts to Which There Exists a Genuine Dispute to be Tried - 3/25/15
- Reply in Support of Motion to Strike - 3/26/15
- Order - 7/14/15
- Order Granting Defendant's Motion for Summary Judgment - 7/14/15
- Judgment - 7/14/15
- Notice of Appeal - 8/11/15
U.S. Court of Appeals for the Eleventh Circuit - No. 15-13628
- Brief on Behalf of Appellant - 10/19/15
- Brief of Amici Curiae the Georgia NAACP and the Campaign Legal Center - 10/26/15
- Brief of Defendant/Appellee - 11/18/15
- Reply Brief on Behalf of Appellant - 12/2/15
- Opinion - 7/28/16
- Judgment - 7/28/16
- Mandate - 8/26/16
U.S. District Court for the Middle District of Georgia, Albany Division - No. 1:14-cv-42
- Plaintiff's Motion to Exclude the Testimony of Dr. Karen L. Owen - 4/7/17
- Plaintiff's Motion for Summary Judgment or, in the Alternative, for Partial Summary Judgment - 4/7/17
- Second Deposition of Frederick G. McBride - 4/28/17
- Notice of Defendant's Renewed Motion to Exclude Portion of Plaintiff's Expert Report and Testimony - 4/28/17
- Defendant's Response in Opposition to Plaintiff's Motion for Summary Judgment or, in the Alternative, for Partial Summary Judgment - 4/28/17
- Defendant's Response in Opposition to Plaintiff's Motion to Exclude the Testimony of Dr. Karen L. Owen - 4/28/17
- Defendant's Motion to Renew Motion to Exclude Portion of Plaintiff's Expert Report and Testimony - 5/1/17
- Plaintiff's Emergency Motion to Strike the Defendant's Daubert Motion and to Stay the Time for the Plaintiff to Respond to the Defendant's Motion - 5/5/17
- Order - 5/8/17
- Defendant's Response in Opposition to Plaintiff's Motion to Strike the Defendant's Daubert Motion and to Stay the Time for the Plaintiff to Respond to the Defendant's Motion - 5/22/17
- Plaintiff's Reply to the Defendant's Response in Opposition to the Plaintiff's Emergency Motion to Strike - 5/26/17
- Order Denying Motion to Strike - 5/31/17
- Plaintiff's Reply to Defendant's Response in Opposition to Plaintiff's Motion for Summary Judgment or, in the Alternative, for Partial Summary Judgment - 6/5/17
- Plaintiff's Reply to the Defendant's Response to the Plaintiff's Motion to Exclude the Testimony of Dr. Karen L. Owen - 6/5/17
- Defendant's Renewed Motion to Exclude Portion of Plaintiff's Expert Reports and Testimony - 6/14/17
- Plaintiff's Response to the Defendant's Motions to Exclude Portions of the Testimony of Dr. Frederick G. McBride - 7/5/17
- Motion for Judicial Notice of Census Data - 7/5/17
- Joint Status Report - 7/13/17
- Reply Brief in Further Support of Defendant's Renewed Motion to Exclude Portion of Plaintiff's Expert Reports and Testimony - 7/19/17
- Defendant's Response to Plaintiff's Motion for Judicial Notice of Census Data - 7/26/17
- Plaintiff's Deposition Designations - 10/5/17
- Defendant's Deposition Designations - 10/5/17
- Plaintiff's Objections to Defendant's Deposition Designations - 10/16/17
- Order - 10/26/17
- Consent Motion to Continue Pretrial Conference and Contested Motion to Continue Trial - 11/7/17
- Plaintiff's Response to the Defendant's Motion to Continue - 11/8/17
- Order - 11/9/17
- Order - 11/20/17
- Transcript of Pretrial Hearing - 11/21/17
- Plaintiff's Notice Regarding Daubert Briefing - 11/29/17
- Defendant's Notice Regarding Daubert Briefing - 11/29/17
- Plaintiff's Objections to Defendant's Exhibits - 12/6/17
- Plaintiff's Brief on Remedial Procedure - 12/6/17
- Defendant's Notice Regarding Objections to Plaintiff's Exhibits and Procedure Regarding Implementation of Any Remedy - 12/6/17
- Defendant's Amended Notice Regarding Objections to Plaintiff's Exhibits and Procedure Regarding Implementation of Any Remedy - 12/7/17
- Stipulation - 12/13/17
- Bench Trial Transcript (Vol. I of IV) - 12/21/17
- Bench Trial Transcript (Vol. II of IV) - 12/21/17
- Bench Trial Transcript (Vol. III of IV) - 12/21/17
- Bench Trial Transcript (Vol. IV of IV) - 12/21/17
- Plaintiff's Closing Argument - 12/21/17
- Defendant's Closing Argument - 12/28/17
- Plaintiff's Rebuttal Argument - 1/4/18
- Defendant's Motion for Judicial Notice of Census Data - 1/10/18
- Plaintiff's Response in Opposition to the Defendant's Motion for Judicial Notice of Census Data - 1/11/18
- Plaintiff's Motion for Judicial Notice of Voter Registration Data - 1/11/18
- Defendant's Reply in Further Support of Motion for Judicial Notice of Census Data - 1/11/18
- Plaintiff's Supplemental Objections to Defendant's Exhibit 10 - 1/12/18
- Plaintiff's Proposed Findings of Fact and Conclusions of Law - 1/12/18
- Defendant's Post-Trial Brief - 1/12/18
- Plaintiff's Post-Trial Brief - 1/12/18
- Defendant's Proposed Findings of Fact and Conclusions of Law - 1/12/18
- Defendant's Response to Plaintiff's Supplemental Objections to Defendant's Exhibit 10 - 1/22/18
- Plaintiff's Remedial Proposals - 1/22/18
- Defendant's Response to Plaintiff's Remedial Proposals - 2/5/18
- Defendant's Notice Regarding Response to Plaintiff's Remedial Proposals - 2/8/18
- Plaintiff's Emergency Motion to Strike or, in the Alternative, for Leave to Conduct Limited Discovery - 2/9/18
- Order - 2/9/18
- Plaintiff's Reply to the Defendant's Response to the Plaintiff's Remedial Proposals - 2/14/18
- Plaintiff's Brief Regarding the May 2018 Election - 2/23/18
- Defendant's Response to Court's February 9 Order - 2/23/18
- Defendant's Opposition to Plaintiff's Emergency Motion to Strike or in the Alternative for Leave to Conduct Limited Discovery - 2/24/18
- Plaintiff's Reply to the Defendant's Response to the Plaintiff's Emergency Motion to Strike or, in the Alternative, for Leave to Conduct Limited Discovery - 2/27/18
- Motion to Quash Subpoena - 2/27/18
- Plaintiff's Response in Opposition to the Defendant's Motion to Quash - 2/27/18
- Order - 2/27/18
- Order - 3/1/18
- Plaintiff's Motion for a Preliminary Injunction - 3/7/18
- Plaintiff's Motion to Expedite - 3/7/18
- Defendant's Response to Motion for Expedited Briefing - 3/9/18
- Order - 3/9/18
- Plaintiff's Reply to the Defendant's Response to the Plaintiff's Motion to Expedite - 3/13/18
- Order - 3/15/18
- Order Denying Motion for Preliminary Injunction - 3/17/18
- Plaintiff's Supplemental Brief in Support of Remedial Proposals - 3/26/18
- Defendant's Supplemental Brief Regarding Remedial Proposals - 3/26/18
- Defendant's Status Report - 3/26/18
- Plaintiff's Emergency Motion for a Temporary Restraining Order and Preliminary Injunction - 3/30/18
- Defendant's Notice Regarding Briefing - 3/30/18
- Order - 3/30/18
- Defendant's Objections to Permanent Injunction - 4/6/18
- Order - 4/11/18
- Notice of Appeal - 4/11/18
- Order - 6/21/18
- Plaintiff's Motion for Reconsideration - 6/27/18
- Defendant's Opposition to Motion for Reconsideration - 7/11/18
- Order - 7/23/18
- Plaintiff's Emergency Motion for an Injunction Pending Appeal - 7/31/18
- Plaintiff's Motion to Expedite - 7/31/18
- Order Granting Motion to Expedite - 8/2/18
- Plaintiff's Response to Court Order - 8/3/18
- Defendant's Response to Order - 8/3/18
- Defendant's Response in Opposition to Motion for an Injunction Pending Appeal - 8/7/18
- Order - 8/8/18
- U.S. Court of Appeals Limited Remand Order - 8/9/18
- Plaintiff's Reply in Support of Emergency Motion for an Injunction Pending Appeal - 8/10/18
- Plaintiff's Response to Court Order - 8/13/18
- Defendant's Response to Court Order - 8/13/18
- Defendant's Notice Regarding November Election - 8/14/18
- Defendant's Supplemental Brief - 8/16/18
- Order - 8/17/18
- Order Granting Motion for an Injunction - 8/20/18
- Defendant's Notice of Appeal Regarding Injunction - 8/21/18
- Plaintiff's Motion to Re-Open the Record - 11/27/18
- Defendant's Response in Opposition to Motion to Re-Open the Record - 12/18/18
- Plaintiff's Reply in Support of His Motion to Re-Open the Record - 1/2/19
- Order - 3/28/19
- Plaintiff's Request for a Telephonic Status Conference - 5/21/19
- Joint Filing Regarding Remedial Procedures - 6/20/19
- Plaintiff's Supplemental Brief on Remedial Proposals - 7/17/19
- Joint Filing Regarding Special Master Candidates - 7/24/19
- Defendant's Reply to Plaintiff's Supplemental Remedial Brief - 8/1/19
- Order Identifying Special Master - 8/14/19
- Declaration of Bernard Grofman - 8/26/19
- Plaintiff's Response to Court Order - 9/9/19
- Defendant's Response to Order and Request for Reconsideration of Remedial Timing - 9/10/19
- Plaintiff's Response to Court Order - 9/18/19
- Order Appointing Special Master - 9/23/19
- Report of the Special Master - 11/22/19
- Defendant's Statement of Position on the Special Master's Proposals - 11/29/19
- Plaintiff's Objections to the Special Master's Report - 11/29/19
- Defendant's Response Statement of Position on the Special Master's Proposals - 12/6/19
- Plaintiff's Response to the Defendant's Objections to the Special Master's Report - 12/6/19
- Order - 12/19/19
- Order Adopting Special Master's Proposed Map 3 and Other Remedial Measures - 1/29/20
- Judgment - 1/29/20
- Notice of Appeal - 1/30/20
- Amended Judgment - 1/31/20
- Amended Notice of Appeal - 2/5/20
- Plaintiff's Motion for Reconsideration - 2/11/20
- Order - 2/14/20
- Order Requesting Corrected Map - 2/14/20
- Plaintiff's Response to Court Order - 2/20/20
- Proposed Revised Map 3 - 2/21/20
- Defendant's Response to Order and Motion to Amend the Judgment - 2/25/20
- Order Granting Plaintiff's Motion for Reconsideration - 4/8/20
- Second Amended Notice of Appeal - 4/9/20
U.S. Court of Appeals for the Eleventh Circuit - No. 18-11510 [consolidated with Nos. 18-13510 & 20-10394]
- Motion to Expedite Appeal - 4/13/18
- Response in Opposition to the Defendant-Appellant's Motion to Expedite Appeal and Motion to Dismiss - 4/18/18
- Reply in Further Support of Motion to Expedite Appeal and Opposition to Motion to Dismiss - 4/20/18
- Reply in Support of Motion to Dismiss - 4/26/18
- Order - 5/4/18
- Order - 5/9/18
- Brief of Defendant-Appellant Sumter County Board of Elections and Registration - 5/22/18
- Renewed Motion to Dismiss - 6/22/18
- Motion for an Abeyance - 6/25/18
- Opposition to Renewed Motion to Dismiss - 6/29/18
- Order - 7/2/18
- Reply in Support of Renewed Motion to Dismiss - 7/5/18
- Notice of Filing - 8/2/18
- Order of Limited Remand - 8/9/18
- Emergency Motion to Vacate or Stay Injunction Pending Appeal - 8/20/18
- Jurisdictional Question Order - 8/21/18
- Renewed Emergency Motion to Vacate or Stay Injunction Pending Appeal and to Consolidate - 8/21/18
- Plaintiff-Appellee's Response in Opposition to the Defendant-Appellant's Emergency Motion to Vacate or Stay Injunction Pending Appeal - 8/22/18
- Reply Brief in Support of Emergency Motion to Vacate or Stay Injunction Pending Appeal - 8/22/18
- Plaintiff-Appellee's Response to Jurisdictional Question - 8/23/18
- Order Denying Stay and Granting Motion to Consolidate - 8/24/18
- Brief of Defendant-Appellant Sumter County Board of Elections and Registration - 11/26/18
- Plaintiff-Appellee's Motion for a Limited Remand or, in the Alternative, to Strike Portions of the Appellant's Brief that Rely on Evidence Outside of the Record - 11/28/18
- Response in Opposition to Motions for a Limited Remand, To Strike, and To Stay Briefing Schedule - 12/6/18
- Plaintiff-Appellee's Reply in Support of Motions for a Limited Remand and to Stay the Briefing Schedule - 12/7/18
- Order - 12/26/18
- Order - 1/9/19
- Appellee's Brief - 2/1/19
- Reply Brief of Defendant-Appellant Sumter County Board of Elections and Registration - 2/22/19
- Plaintiff-Appellee's Motion for a Limited Remand - 4/26/19
- Opposition of Defendant-Appellant Sumter County Board of Elections and Registration to Plaintiff's Motion for Remand - 4/26/19
- Plaintiff-Appellee's Reply in Support of His Motion for a Limited Remand - 4/30/19
- Order Granting Limited Remand - 5/16/19
- Motion to Consolidate and Expedite and for Other Relief - 2/5/20
- Defendant-Appellant's Notice of Supplemental Authority - 2/5/20
- Plaintiff-Appellee's Response to Defendant-Appellant's Notice of Supplemental Authority - 2/12/20
- Appellee's Response to the Appellant's Motion for Consolidation and Other Relief - 2/18/20
- Reply Brief in Support of Motion to Consolidate and Expedite and for Other Relief - 2/24/20
- Time-Sensitive Renewed and Amended Motion to Consolidate and Expedite and for Other Relief - 4/9/20
- Appellee's Response to the Appellant's Time-Sensitive Renewed and Amended Motion to Consolidate and for Other Relief - 4/17/20
- Reply Brief in Support of Time-Sensitive Renewed and Amended Motion to Consolidate and Expedite and for Other Relief - 4/20/20
- Order Granting in Part and Denying in Part Motion to Consolidate and Expedite and for Other Relief - 4/30/20
- Appellee's Supplemental Brief - 5/21/20
- Appellant's Supplemental Brief - 6/1/20
- Opinion - 10/27/20
- Judgment - 10/27/20
- Mandate - 12/9/20