Dye v. McKeithen, Civ. No. 94-0480.

• Decision Date: 28 June 1994
• Docket Number: Civ. No. 94-0480.
• Citation: 856 F. Supp. 303
• Parties: Clarence E. DYE, et al. v. W. Fox McKEITHEN, et al.
• Court: U.S. District Court — Western District of Louisiana

856 F. Supp. 303

Clarence E. DYE, et al. v. W. Fox McKEITHEN, et al.

Civ. No. 94-0480.

United States District Court, W.D. Louisiana, Lake Charles Division.

June 28, 1994.

C. Allen Bradley, Jr., DeRidder, LA, for plaintiffs.

Sheri Marcus Morris, LA Secy of State, Baton Rouge, LA, for W. Fox McKeithen.

Michael J. Juneau, Juneau Firm, Lafayette, LA, for all other defendants.

MEMORANDUM RULING

TRIMBLE, District Judge.

Presently before the court is the plaintiff's motion for injunctive relief in a reapportionment suit which challenges the validity of the Vernon Parish School Board reapportionment based upon the 1990 census figures. This resolution was adopted November 10, 1992, and was subsequently modified on March 29, 1994. The plaintiffs are residents and registered voters in Vernon Parish.

LSA R.S. 17:71.1 et seq. provides for a reapportionment of school board districts based upon census results. The Vernon Parish School Board, on November 10, 1992, approved a reapportionment resolution which divided the School Board into eight voting districts, one district electing two members with residency requirements, a four member at-large district and six single member districts.

The plaintiffs allege that the November 10 resolution was legally deficient and not published in the Official Journal of the Vernon Parish School Board as required by state law. The original resolution failed to include two precincts and included one precinct twice. On March 29, 1994, the School Board passed another resolution in which it attempted to cure any deficits in the original resolution, but the plaintiffs allege that this resolution was also lacking.

The reapportionment plan as adopted by the School Board excluded Census Tract 9507 in its entirety. Census tract 9507 is coterminous with the boundaries of the Fort Polk Military reservation. The submission package prepared for the Department of Justice stated that Census Block 9507 was excluded because "The vast majority of the population of Fort Polk does not participate in local elections. The large quantity of active duty personnel and dependents make a large skew in the population totals of the Parish." The plaintiffs argue that the exclusion of active duty military personnel and their family members is a direct violation of the United States Constitution, the Fourteenth Amendment, Article I Section 3 of the Louisiana Constitution and various Louisiana statutes.

The plaintiffs assert that the method of exclusion in which active duty members living in Census Tract 9507 were excluded, yet active duty personnel outside of Tract 9507 were included, was done in an arbitrary and discriminatory fashion, thereby violating state and federal constitutional requirements of equal protection. The plaintiffs also contend that even if it is permissible to exclude the population of Tract 9507, the reapportionment plan still violates the Fourteenth Amendment, the Louisiana Constitution and other provisions of Louisiana law by having overall deviations in excess of acceptable standards.

The plaintiffs further contend that residency requirements applicable to only one precinct violates the Equal Protection clause of the Fourteenth Amendment in that voters in one district are treated in a manner inconsistent with voters in other precincts.

The plaintiffs' case sets forth four separate and distinct causes of action:

1. The reapportionment plan, as adopted, violates R.S. 17:71 et seq.;

2. The adopted reapportionment plan violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution and Article I Section 3 of the Louisiana Constitution;

3. Assuming that the exclusion of Census Tract 9507 was constitutionally permissible, which the plaintiffs at all times deny, the reapportionment plan as adopted still fails to meet constitutional standards; and

4. The creation of District 1, with the election of two members from residency districts of less than at-large district boundaries constitutes a violation of the Equal Protection Clause.

This court held a hearing April 6, 1994, on the motion for a temporary restraining order at which all parties agreed to the issuance of a preliminary injunction. It was further agreed that any evidence taken that day was evidence on the merits, and the hearing was continued on May 31 and June 1 to determine if a permanent injunction is mandated by the law as alleged by the plaintiffs.

The Plaintiffs and Vernon Parish filed pre-and post-trial memoranda and did an excellent and thorough job of presenting their respective cases to this court. Having had three days of evidentiary hearings and having such memoranda before the court, we will now discuss each cause of action in reaching our determination.

Law and Argument

This court has jurisdiction under 28 U.S.C. §§ 1331, 1343, et seq., the Fourteenth Amendment to the United States Constitution and pendent jurisdiction of the claims asserted under the Louisiana Constitution and laws. Jurisdiction is not disputed. There are no violations of the Fifteenth Amendment alleged in this case.

Injunction

The standard for determining whether a permanent versus a preliminary injunction should issue is primarily the same, except that the Court determines the plaintiff's success on the merits rather than the plaintiffs likelihood of success on the merits. Amoco Production Co. v. Village of Gambel, Alaska, 480 U.S. 531, 546 n. 12, 107 S.Ct. 1396, 1404 n. 12, 94 L.Ed.2d 542 (1987) (citation omitted).

Normally, in order to obtain a preliminary injunction, the plaintiff has the burden of proving four elements: (1) a substantial likelihood of success on the merits; (2) a substantial threat that he will suffer irreparable injury if the injunction is not issued; (3) that the threatened injury to him outweighs any damage the injunction may cause the non-movant; and (4) that the injunction will not disserve the public interest. Plains Cotton Coop. Ass'n v. Goodpasture Computer Service, 807 F.2d 1256, 1259 (5th Cir.), cert. den. 484 U.S. 821, 108 S.Ct. 80, 98 L.Ed.2d 42 (1987); see also Doe v. Duncanville Independent School District, 994 F.2d 160 (5th Cir.1993); Apple Barrel Products v. Beard, 730 F.2d 384, 386 (5th Cir.1984).

To be entitled to a permanent injunction from a constitutional violation, however, a plaintiff need only establish the fact that there has been such a violation. Then he must demonstrate the existence of two elements: continuing irreparable injury if the injunction does not issue, and the lack of an adequate remedy at law. Newman v. State of Alabama, 683 F.2d 1312, 1319 (11th Cir. 1982), cert. den. 460 U.S. 1083, 103 S.Ct. 1773, 76 L.Ed.2d 346 (1983). For the reasons stated herein this court finds that the plaintiff has proven continuing irreparable injury if the injunction does not issue, and under the facts of this case the plaintiffs have no other adequate remedy at law aside from instituting this suit pursuant to 42 U.S.C.A. § 1971 et seq.

This court further finds, as discussed hereinafter, that the proposed application of the reapportionment statute is unconstitutional and a violation of state law as well. Accordingly, there is a substantial threat of continuing irreparable injury if the permanent injunction is not granted and the elections for school board members are permitted to take place. The potential injury of an election in which citizens are deprived of their right to vote negates any damage that may be sustained by Vernon Parish in the potential delay of elections. Should an election in November, as presently scheduled prove impossible, the incumbents would stay in office until an acceptable plan has been adopted. Thus, this court finds that a permanent injunction would prevent irreparable injury to the movants, not unduly damage the nonmovant, and be in the best interest of the public.

First Cause of Action

School Boards are required under Louisiana law to reapportion themselves every ten years in accordance with the provisions of LSA R.S. 17:71.1 et seq. LSA RS 17:71.1 contains the legislative authority for reapportionment and states:

Each of the parish and city school boards, as heretofore created and organized, is hereby authorized to reapportion itself so that each member of said school board represents as nearly as possible the same number of persons. Such reapportionment shall be based upon the 1970 federal census, or a special census as authorized hereinafter, and shall be accomplished and become effective when a school board has complied with the provisions of R.S. 17:71.4.

R.S. 17:71.4 states:

After each of said school boards has decided on its makeup, as reapportioned, it shall adopt a resolution, establishing the size of the board, terms of office of its members, date of election of its members and boundary lines of its special election districts, and stating the effective date of such reapportionment. This resolution shall be published in the official journal of the board and shall become effective and have the status of law as of the date specified in said resolution.

As seen above, LSA R.S. 17:71.4 contains a requirement that the School Board pass a resolution containing the information set forth in that statute. This resolution is required to be published in the official journal of the Board and shall become effective and have the status of law as of the date specified in said resolution.

The plaintiffs allege that the November 10, 1992, resolution violates R.S. 17:71.1 et seq. because it failed to include Vernon Parish precincts 7-2A and 1-2A in any designated voting district and because it included precinct 7-2 in two different voting districts. The testimony of Gary Joiner, the defendants' expert witness, also indicated that the resolution was not in compliance with the statute in that it did not establish the size of the Board, the terms of office of the members, and the effective date of reapportionment. Furthermore, the resolution...