McLaughlin v. City of Canton, Miss.
Decision Date | 31 March 1995 |
Docket Number | Civil Action No. 3:89-cv-359WS. |
Citation | 947 F.Supp. 954 |
Parties | Sanford McLAUGHLIN, Plaintiff, v. CITY OF CANTON, MISSISSIPPI; The City of Canton, Mississippi Election Commission, By and Through Its Chairperson, William B. Crawford, E.F. Love, Bertille Carmichael, Individually and in Their Official Capacity as Members of the City of Canton, Mississippi, Election Commission, or of the State of Mississippi, and as Agent, Employee, Servant and/or Final Policymaker of Canton, Mississippi, or of the State of Mississippi; Jewell Williams; Raymond E. Mabus, Governor of Mississippi; Mike Moore, Attorney General of Mississippi; Dick Molpus, Secretary of State of Mississippi, in Their Official Capacities and as Members of the Mississippi State Board of Election Commissioners, Defendants. |
Court | U.S. District Court — Southern District of Mississippi |
Ellis Turnage, Ellis Turnage, Cleveland, MS, for Sanford McLaughlin.
William R. Collins, Montgomery, Smith-Vaniz & McGraw, Canton, MS, Susan Delaine Fahey, Phelps Dunbar, Jackson, MS, for City of Canton, Mississippi, City of Canton, Mississippi Election Commission, William B. Crawford, E.F. Love, Bertille Carmichael, Jewell Williams.
Mary Margaret Bowers, James F. Steel, Mississippi Attorney General's Office, Jackson, MS, for Raymond E. Mabus, Mike Moore, Dick Molpus.
At the center of this lawsuit is § 2411 of the Mississippi Constitution2, Article XII, the disenfranchisement provision. Denying the right of suffrage to those convicted of certain enumerated crimes, this provision withholds the designation of "qualified elector" from anyone who has been convicted of murder, rape, bribery, theft, arson, obtaining money or goods under false pretenses, perjury, forgery, embezzlement, or bigamy. Plaintiff herein, Sanford McLaughlin, an African-American male, claims that he has felt the sting of § 241 which, says plaintiff, is offensive to the United States Constitution. Consequently, in his complaint for declaratory and injunctive relief, plaintiff charges that § 241 violates the Due Process and Equal Protection Clauses of the Fourteenth Amendment,3 as well as the Excessive Fine, and Cruel and Unusual Punishment Clauses of the Eighth Amendment.4 Convinced that upon the undisputed facts he is entitled to a judgment, plaintiff urges this court to grant him summary judgment under Rule 56,5 Federal Rules of Civil Procedure.
The defendants oppose the motion and, as part of their counterattack, submit various motions pursuant to Rule 12(b)-(1),6 Federal Rules of Civil Procedure, which ask this court to dismiss this lawsuit. By their motions, defendants argue that this court lacks jurisdiction to hear this lawsuit because: (1) this case presents no "case and controversy" under Article III of the United States Constitution; (2) plaintiff lacks standing to pursue his claims; and (3) plaintiff's claims are barred by the Eleventh Amendment7 of the United States Constitution.
As discussed in detail below, this court denies defendants' motion to dismiss but grants plaintiff's motion for summary judgment.
Plaintiff, a disqualified candidate for municipal office under § 241, is an African-American adult resident citizen of the City of Canton, Madison County, Mississippi. The defendants may be divided into two groups: the "municipal" defendants and the "state" defendants. The "municipal" defendants are comprised of: (1) the City of Canton, Mississippi, ("Canton"), a municipal corporation organized and existing under the laws of the State of Mississippi; (2) the Canton Election Commission, established pursuant to Miss. Code Ann. § 23-15-221, and responsible for conducting all municipal elections in Canton; (3) the members of the Canton Election Commission, all of whom are sued in their individual and official capacities: William B. Crawford, E.F. Love, and Bertille Carmichael; and (4) Jewell Williams ("Williams"), an adult resident citizen of Canton, Mississippi who, as plaintiff's rival for a municipal elective position, was the person who in a letter to the Canton Election Commission first questioned plaintiff's status as a qualified elector under § 241.
The group characterized as the "state" defendants includes the state's Governor, its Attorney General, and its Secretary of State. Plaintiff has named as a defendant the Mississippi State Board of Election Commissioners ("State Board") which is responsible for administering the state election laws. Section 23-15-211(1) of the Mississippi Code provides that the three commissioners of the State Board shall be the Governor, Secretary of State, and the Attorney General. Accordingly, plaintiff names as defendants the former Governor, Raymond E. Mabus, the former and current Attorney General, Mike Moore, and the former and current Secretary of State, Dick Molpus. These defendants are sued in their official capacities and as members of the State Board.
This action is properly before the court pursuant to federal question jurisdiction, 28 U.S.C. § 1331, declaratory judgment jurisdiction, 28 U.S.C. §§ 2201, 2202, and civil rights and elective franchise jurisdiction pursuant to 28 U.S.C. § 1343-(a)(4). Since this action was removed to this court pursuant to 28 U.S.C. § 1441(a) & (b), this court exercises supplemental jurisdiction over plaintiff's state law-based claims pursuant to 28 U.S.C. § 1367(a). See United Mine Workers of Am. v. Gibbs, 383 U.S. 715, 725, 86 S.Ct. 1130, 1138, 16 L.Ed.2d 218 (1966) (discussing pendent jurisdiction).
On September 6, 1986, plaintiff registered to vote in Canton, Mississippi, and had his name listed on the voter rolls. Approximately one year later, a local grocery store filed a "Bad Check Affidavit" against the plaintiff in the Justice Court8 of Madison County. The form affidavit states that "Sandford [sic] McLaughlin ... did willfully deliver unto Jitney-Jungle ... his certain check" in the amount of $150.00 for which McLaughlin had insufficient funds on deposit. The form affidavit gave the affiant the option of choosing between "wilfully" or "feloniously" when describing the manner in which the purported bad check was delivered.
On January 21, 1988, despite being charged with a bad check offense, the plaintiff appeared in the Madison County Justice Court to answer to the charge of "false pretense after issuance & service of a bench warrant for his failure to appear." Judgement [sic], No. 45-145 (Miss.J.Ct. Jan. 21, 1988). Upon arraignment, plaintiff entered a guilty plea. Before the plea was accepted, Attorney Walter Wood appeared on behalf of plaintiff and made a motion asking the court to reduce the charge to a misdemeanor. Id. The court granted the motion and accepted defendant's plea to an unspecified misdemeanor count of "false pretenses." Plaintiff was fined $75.00 plus costs, ordered to pay $150.00 restitution, given a suspended sentence of five (5) days, and placed on six months' non-reporting probation.
In 1989, the plaintiff sought the Democratic Party's nomination for the aldermanic candidacy of Ward Four in Canton. Pursuant to Miss.Code Ann. § 23-15-309, plaintiff submitted the requisite $10.00 fee and properly qualified at least thirty (30) days prior to the first primary election. Thereafter, the Canton Democratic Executive Committee placed plaintiff's name on the municipal ballot for the May 21, 1989, Democratic Primary as an aldermanic candidate for Ward Four.
The plaintiff faced two other candidates in the democratic primary — Earl Nichols and defendant Jewell Williams. After Nichols won the primary, defendant Williams successfully challenged Nichols' residency. With Nichols disqualified, a new election was held between the plaintiff and defendant Williams, during which the plaintiff received a majority of the votes. Subsequently, the Canton Democratic Executive Committee certified the plaintiff as the Democratic aldermanic nominee for Ward Four. After the certification, however, defendant Williams wrote a letter to the defendant Canton Election Commission informing it that the plaintiff had been convicted of a disqualifying § 241 crime. After the receipt of Williams' letter, the Canton Election Commission sought an opinion from the Secretary of State, defendant Dick Molpus, regarding whether a misdemeanor conviction for false pretenses disqualifies one to be a candidate for public office. After qualifying his remarks, Mr. Phil Carter, Director of Elections for the Secretary of State, responded by letter dated June 1, 1989, stating that
As a result, presumably acting under art. XII, § 2509 of the Mississippi Constitution the Canton Election Commission refused to place the plaintiff's name on the June 6, 1989, municipal general election ballot. By default, defendant Williams then became the Democratic nominee of Ward Four and eventually won the aldermanship.
In June 1989, the plaintiff initiated suit in the Circuit Court of Madison County, Mississippi, against the municipal defendants, seeking declaratory and injunctive relief. Plaintiff also moved for a temporary restraining order and, or alternatively, a preliminary injunction. The Circuit Court of Madison denied the motion on June 5, 1989. The defendants then filed their notice of removal to this court pursuant to 28 U.S.C. § 1441(a) & (b).
Before this court on June 11, 1990, the plaintiff moved for partial summary judgment as to liability. On June 12, 1990, the defendants moved for summary judgment. This court ordered the plaintiff to file an Amended Complaint naming the ...
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