Case: Armstrong v. Fordice

3:86-cv-00817 | U.S. District Court for the Southern District of Mississippi

Filed Date: 1986

Closed Date: 1994

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Case Summary

On December 10, 1986, black registered voters in Mississippi filed a class action lawsuit under Section 2 of the Voting Rights Act and 42 USC 1983 in the U.S. District Court for the Southern District of Mississippi. Plaintiffs, represented by private counsel, sought declaratory and injunctive relief, alleging that a Mississippi statute which required that school board referenda must pass by a 60% majority, rather than a simple majority vote, abridged the voting rights of black voters in violati…

This action was originally filed challenging the operation of the Mississippi law, Miss. Code Ann. 57-39-17, to the Jackson Municipal Separate School District. Thereafter, in 1991, another suit was filed (Robinson v. Stewart, 91-0687) challenging the application of the same law state-wide. On January 29, 1992, the court (Judge Tom S. Lee) consolidated the two cases.

Following a non-jury trial on August 17, 1993, the court (Judge Lee) issued judgment in favor of the defendants and dismissed the case. Armstrong v. Allain, 893 F.Supp. 1320 (S.D. Miss. 1994). Specifically, the court found that the plaintiffs had failed to establish that any racially polarized voting was motivated by race or that Mississippi's statute was motivated by racial considerations.

The plaintiffs appealed. On July 13, 1995, the Fifth Circuit Court of Appeals affirmed without opinion. Armstrong v. Fordice, 62 F.3d 396 (5th Cir. 1995).

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Summary Authors

Chelsea Nolan (12/22/2006)

People

Judge(s)

Countiss, John R. (Mississippi)

Lee, Tom Stewart (Mississippi)

Attorney for Plaintiff

McDuff, Robert B. (Mississippi)

Attorney for Defendant

Cole, Tom Hunt Jr. (Mississippi)

Moore, Mike (Mississippi)

Judge(s)

Countiss, John R. (Mississippi)

Lee, Tom Stewart (Mississippi)

Nicols, Alfred G. (Mississippi)

Attorney for Plaintiff

McDuff, Robert B. (Mississippi)

Pigott, Bradley (Mississippi)

Turnage, Ellis (Mississippi)

Wann, Steven Mark (Mississippi)

Attorney for Defendant

Cole, Tom Hunt Jr. (Mississippi)

Moore, Mike (Mississippi)

Sanders, Robert E. (Mississippi)

Watkins, W. David (Mississippi)

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Documents in the Clearinghouse

	Document
3:86-cv-00817	Docket (Pacer)	Sept. 21, 2006	Sept. 21, 2006 Docket
3:91-00687	Docket (PACER) Robinson v. Stewart	Oct. 22, 2006	Oct. 22, 2006 Docket
3:86-cv-00817 3:91-00687	Opinion Armstrong v. Allain	March 4, 1994	March 4, 1994 Order/Opinion 893 F.Supp. 893
94-60464	Brief of Plaintiffs-Appellants Mississippi state appellate court	Dec. 9, 1994	Dec. 9, 1994 Pleading / Motion / Brief
94-60464	Brief of Defendant-Appellee Mike Moore, Attorney General Mississippi state appellate court	Feb. 9, 1995	Feb. 9, 1995 Pleading / Motion / Brief
94-60464	Reply Brief of Plaintiffs-Appellants Mississippi state appellate court	March 13, 1995	March 13, 1995 Pleading / Motion / Brief
3:86-cv-00817	Opinion Armstrong v Fordice U.S. Court of Appeals for the Fifth Circuit	July 13, 1995	July 13, 1995 Order/Opinion 62 F.3d 62

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Docket

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT filed and fee paid. (sec) (Entered: 08/21/1992)	Nov. 22, 1991	Nov. 22, 1991
	It Will Be necessary to review the original docket sheets for complete information concerning this case. (sec) (Entered: 08/21/1992)	Nov. 22, 1991	Nov. 22, 1991
	Consolidated Member Case . Lead Case Number: 3cv86 817 (sec) (Entered: 08/21/1992)	Jan. 29, 1992	Jan. 29, 1992
	Non-jury trial set for 9:00 on 5/24/93 bfr Judge Tom S. Lee, Jackson, Ms. (sec) (Entered: 03/09/1993)	March 8, 1993	March 8, 1993
	Pre-Trial Conference set for 9:30 on 5/3/93 (sec) (Entered: 03/09/1993)	March 8, 1993	March 8, 1993
3	RETURN of SUBPOENA as to John Q. Adams(executed date not completed). (sec) (Entered: 04/21/1993)	April 21, 1993	April 21, 1993
	Non-jury trial set for 9:00 on 8/2/93 before Judge Tom S. Lee, Jackson, MS. (sec) (Entered: 06/10/1993)	June 10, 1993	June 10, 1993
	Magistrate Judge Assignment Alfred G. Nicols (sec) (Entered: 10/06/1993)	Oct. 6, 1993	Oct. 6, 1993
4	JUDGMENT for defendant Doug Stewart, defendant Kenny Bush, defendant Sarah Jane Alston, defendant Mark Bailey, defendant Ann Jones, defendant Earle Jones, defendant Ollye Shirley Dr. against plaintiff Jimmie C. Robinson, plaintiff Shirley H. Watson, plaintiff Theodis Westbrook; and both cases are dismissed i their entireties with prejudice ( signed by Judge Tom S. Lee ); copies mailed. ob 1994 page 756 (sec) (Entered: 03/17/1994)	March 17, 1994	March 17, 1994
	Case closed (sec) (Entered: 03/17/1994)	March 17, 1994	March 17, 1994
5	ORDER; denying plaintiffs' motion to alter or amend court's 3/4/94 memorandum opinion and order ( signed by Judge Tom S. Lee ); copies mailed. (sec) (Entered: 06/24/1994)	June 23, 1994	June 23, 1994
6	Copy of OPINION of USCA, affirmed (certified copy) Re: appeal filed in consolidated lead case 3:86cv817LN. (sec) (Entered: 08/09/1995)	Aug. 8, 1995	Aug. 8, 1995
7	Copy of JUDGMENT OF USCA (certified copy) Re: appeal filed in consolidated lead case 3:86cv817LN; that the judgment of the district court in this cause is affired; that the plaintiff-appellants pay to the defendants-appellees the costs on appeal to be taxed by the Clerk of this Court. (sec) (Entered: 08/09/1995)	Aug. 8, 1995	Aug. 8, 1995
	Record on Appeal returned from U.S. Court of Appeals: (1-vol). (sec) (Entered: 08/09/1995)	Aug. 8, 1995	Aug. 8, 1995