Kirksey v. City of Jackson, Mississippi, 78-3294
| Citation | 625 F.2d 21 |
| Decision Date | 13 August 1980 |
| Docket Number | No. 78-3294,78-3294 |
| Parties | Henry J. KIRKSEY et al., Plaintiffs-Appellants, v. CITY OF JACKSON, MISSISSIPPI, et al., Defendants-Appellees. |
| Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
Frank R. Parker, Barbara Y. Phillips, Jackson, Miss., for plaintiffs-appellants.
John E. Stone, City Atty., Howard C. Ross, Jr., Wise, Carter, Child, Steen & Caraway, Thomas G. Lilly, Joseph P. Wise, Richard D. Gamblin, Jackson, Miss., for defendants-appellees.
Appeal from the United States District Court for the Southern District of Mississippi.
Before BROWN, HENDERSON and SAM D. JOHNSON, Circuit Judges.
This action was brought by a class of black citizens of Jackson, Mississippi, challenging the present "at-large" system of electing the mayor and two city commissioners for the City of Jackson. Plaintiffs contend that this election system violates their rights as secured by the Thirteenth, Fourteenth and Fifteenth Amendments to the United States Constitution and 42 U.S.C. §§ 1971, 1973 and 1983. The District Court entered judgment on all claims for defendants. We vacate and remand.
While the parties have urged us to render a decision in this matter, we believe that it would be inappropriate to do so at this time. It is apparent to us that the fact findings that were made by the Trial Court were based on criteria developed in Zimmer v. McKeithen, 485 F.2d 1297 (5th Cir. 1973) (en banc), affirmed on other grounds sub nom. East Carroll Parish School Board v. Marshall, 424 U.S. 636, 96 S.Ct. 1083, 47 L.Ed.2d 296 (1976) whose further validity is now very much in question in light of the recent Supreme Court opinion in City of Mobile, Alabama v. Bolden, --- U.S. ----, 100 S.Ct. 1490, 64 L.Ed.2d 47 (1980).
We have many times held that fact findings that were made under the spell of legal principles, which were either improper or since then declared to be improper, really can't be credited one way or the other. 1 Accordingly, we do not now determine whether the findings of fact of the Trial Court were clearly erroneous under F.R.Civ.P. 52(a) because we are not in a position to accept the findings. Rather, we vacate the District Court's opinion and remand this case to be reconsidered in light of Bolden.
Although we are unable to decide this matter at this time, we recognize the importance of this case and its urgency in terms of the 1981 City of Jackson municipal elections. Therefore, we make clear that on the remand the parties shall be free, subject to the initial control of the District Judge, to offer further evidence, to be considered in conjunction with the present record which need not be repeated. Furthermore, we direct that reconsideration and decision of this case be expedited by the Trial Court and declare that the parties are entitled to an expedited appeal. 2
VACATED and REMANDED.
1 See, e. g., NLRB v. Alterman Transport Lines, 587 F.2d 212, 220 (5th...
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Kirksey v. City of Jackson, Miss.
...in light of the Supreme Court's intervening decision in City of Mobile, Ala. v. Bolden, supra. See Kirksey v. City of Jackson, Mississippi, 625 F.2d 21 (5th Cir. 1980). In its per curiam opinion remanding this case, the court of appeals stated that although it was unable to decide the appea......
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Kirksey v. City of Jackson, Mississippi
...of the intervening decision by the Supreme Court in City of Mobile v. Bolden, 446 U.S. 55, 100 S.Ct. 1519, 64 L.Ed.2d 47 (1980). 625 F.2d 21 (5th Cir. 1980). On remand, following a supplemental hearing in which detailed evidence was presented by the parties, the district court rejected plai......
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Kirksey v. City of Jackson, 82-4559
...of the intervening decision of the Supreme Court in City of Mobile v. Bolden, 446 U.S. 55, 100 S.Ct. 1519, 64 L.Ed.2d 47 (1980). 625 F.2d 21 (5th Cir.1980). On remand, following a supplemental hearing, the district court rejected plaintiffs' demands and entered a judgment of dismissal. 506 ......
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...insurance policy which was erroneous, we cannot credit the findings of the Court as presently made. See Kirksey v. City of Jackson, Mississippi, 625 F.2d 21, 21-22 (5th Cir. 1980); NLRB v. Alterman Transport Lines, 587 F.2d 212, 220 (5th Cir. 1979); Theriault v. Silber, 547 F.2d 1279, 1280 ......