Trinidad v. Koebig, 79-2750
| Citation | 638 F.2d 846 |
| Decision Date | 05 March 1981 |
| Docket Number | No. 79-2750,79-2750 |
| Parties | Jesus TRINIDAD, Jr., and Bruno Martinez, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Alfred H. KOEBIG et al., Defendants-Appellees. . Unit A |
| Court | U.S. Court of Appeals — Fifth Circuit |
Vilma S. Martinez, Linda Hanten, Morris J. Baller, Mexican American Legal Defense & Ed. Fund, San Francisco, Cal., Joaquin G. Avila, Mexican American Legal Defense & Ed. Fund, San Antonio, Tex., for plaintiffs-appellants.
Foster, Lewis, Langley, Gardner & Banack, Emerson Banack, Jr., William T. Armstrong, III, San Antonio, Tex., for defendants-appellees.
Appeal from the United States District Court for the Western District of Texas.
Before GOLDBERG, POLITZ and SAM D. JOHNSON, Circuit Judges.
In Ramos v. Koebig, No. 79-2316, 638 F.2d 838 (1981), also decided this day, plaintiffs brought suit on behalf of all eligible voters in Seguin, Texas, to force the Seguin City Council to formulate a redistricting plan for the city ward system that is not malapportioned and that does not dilute minority voting strength. The Council admitted the unconstitutionality of the 1962 apportionment plan, and agreed to an injunction preventing future city elections under that plan. Thereafter, the district court in Ramos held a remedy hearing to evaluate the redistricting plans presented both by the Council and the minority plaintiffs. The district court adopted the Council's plan without modification and ordered the Council to implement the plan.
When the Council manifested its intention not to submit the plan for federal preclearance under section 5 of the Voting Rights Act, 42 U.S.C. § 1973c, prior to the August 11, 1979 election, plaintiffs filed this enforcement proceeding. Plaintiffs argue that under Wise v. Lipscomb, 437 U.S. 535, 98 S.Ct. 2493, 57 L.Ed.2d 411 (1978), the plan adopted by the district court is a legislative, or court-approved plan, rather than a court-ordered plan, and that federal preclearance therefore is necessary. The district court, relying upon East Carroll Parish School Board v. Marshall, 424 U.S. 636, 96 S.Ct. 1083, 47 L.Ed.2d 296 (1976), concluded that the plan was a court-ordered plan, and thus exempt from the federal preclearance requirements. Consequently, the court denied plaintiffs' motion to convene a three-judge district court, and dismissed the complaint on the grounds that plaintiffs' section 5 claim was "insubstantial." The court also refused to enjoin the August 11, 1979, city council elections conducted under the new plan, as did this Court. Plaintiffs appeal both the district court's refusal to convene a three-judge district court to consider their Voting Rights Act claims, and the subsequent dismissal of the complaint.
In Ramos, we held that the district court erred in ruling upon the constitutionality of the Seguin City Council's proposed plan without first affording the Council an opportunity to follow the procedures necessary to enact the plan, including compliance with the preclearance requirements of the Voting Rights Act. We also noted that the Council's plan will not be...
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U.S. v. State of La.
...approval of voting changes. See NAACP v. Hampton County Election Comm'n, 470 U.S. at 182, 105 S.Ct. at 1137; Trinidad v. Koebig, 638 F.2d 846, 847-48 (5th Cir. Unit A Mar. 1981); Dillard v. City of Foley, 926 F.Supp. 1053, 1073 (M.D.Ala.1995) (describing the terms of a court-approved consen......
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Arriola v. Harville
...jurisdiction that jurisdiction was to insure compliance with the injunction, not to provide any further remedy. Compare Trinidad v. Koebig, 638 F.2d 846 (5th Cir.1981) (district court may order further relief if local government refuses to seek or cannot obtain MALDEF contends that the prec......
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League of United Latin American Citizens (LULAC) of Texas v. State of Tex., 96-50714
...preclearance. Allen v. State Board of Elections, 393 U.S. 544, 554-63, 89 S.Ct. 817, 825-31, 22 L.Ed.2d 1 (1969); Trinidad v. Koebig, 638 F.2d 846 (5th Cir.1981); Sumter County Democratic Executive Comm. v. Dearman, 514 F.2d 1168, 1170 (5th Cir.1975). However, where § 5 claims are "wholly i......
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Ramos v. Koebig, 79-2316
...to submit the plan for federal preclearance under section 5 of the Voting Rights Act, 42 U.S.C. § 1973c, plaintiffs in Trinidad v. Koebig, No. 79-2750, 638 F.2d 846 (1981), also decided this day, brought an enforcement proceeding to compel preclearance, and to prevent the City from conducti......