RURAL W. TENN. AFRICAN-AMERICAN COUN. v. McWHERTER

Civ. A. No. 92-2407.

836 F.Supp. 453 (1993)

RURAL WEST TENNESSEE AFRICAN-AMERICAN AFFAIRS COUNCIL, INC., Minnie Bommer, Jean Carney, Dr. C.T. Boyd, Brenda Woods, Shirley Kee, Anna Faye Moore, Rev. William Smart and Dr. Warren Dickerson, Plaintiffs, v. Ned McWHERTER, in his official capacity as Governor of the State of Tennessee, John Wilder, in his official capacity as Lieutenant Governor and Speaker of the Tennessee Senate, James Naifeh, in his official capacity as Speaker of the Tennessee House of Representatives, Will Burns, in his official capacity as Coordinator of Elections, and Lenita McGraw, Janet Black, Judy Bishop, Ella Mae Esque, Spence Dupree, Bobby White, and Linda Burnett, in their official capacities as Registrars of Fayette, Hardeman, Haywood, Lauderdale, Madison, Shelby and Tipton Counties, Defendants.

United States District Court, W.D. Tennessee, W.D.

November 4, 1993.


Attorney(s) appearing for the Case

Bruce S. Kramer (ACLU), Borod & Kramer, Memphis, TN, Richard Dinkins (ACLU), Williams and Dinkins, Nashville, TN, Kathleen Wilde (ACLU), American Civ. Liberties Union, Atlanta, GA, Keenan R. Keller (ACLU), Davis, Polk & Wardwell, New York City, Richard Fields (NAACP-Intervenor), Memphis, TN, for plaintiffs.

Charles W. Burson, Atty. Gen. and Reporter, Michael W. Catalano, Deputy Atty. Gen., John H. Reinbold, Asst. Atty. Gen., Nashville, TN, for defendants.

Before: MERRITT, Chief Circuit Judge, BROWN, Senior Circuit Judge, and TURNER, District Judge.


OPINION

This is a civil rights case brought under § 2 of the Voting Rights Act, 42 U.S.C. § 1973,1 and several constitutional provisions. The action challenges Tennessee's 1992 apportionment of its 33 state Senate districts.2 Tennessee's voting age population is 14.4% black, but in only three of the districts (9.1%) do blacks have a reasonable chance...

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