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U.S. v. JONES

No. 94-6455.

57 F.3d 1020 (1995)

UNITED STATES of America, Plaintiff-Appellant, Curtis Williams, Intervenor-Plaintiff-Movant, v. John W. JONES, Jr.; W.D. Nichols; W.A. Kynard; Gwendolyn Mock Shaw, Defendants-Intervenors-Defendants-Appellees, Erskine Minor, In his official capacity as member of the Dallas County Commission; Perry Varner, In his official capacity as member of the Dallas County Commission; Curtis Williams, In his official capacity as member of the Dallas County Commission; Deans Barber, In his official capacity as member of the Dallas County Commission; Roy Moore, In his official capacity as member of the Dallas County Commission; John Lide; Dallas County Board of Registrars; Ed Vancil, In his official capacity as duly appointed member of the Dallas County Board of Registrars; Joe Peasant, In his official capacity as duly appointed member of the Dallas County Board of Registrars; Marie Foster, In her official capacity as duly appointed member of the Dallas County Board of Registrars, Defendants-Appellees, Dorothy Pettway; Issac Lawson; Barbara Pritchett; Frank Anderson; Alphonso Johnson, Movants.

United States Court of Appeals, Eleventh Circuit.

July 7, 1995.

Attorney(s) appearing for the Case

Thomas E. Chandler, and Dennis J. Dimsey, U.S. Dept. of Justice, Washington, DC, for appellant.

John E. Pilcher, Selma, AL, for J.W. Jones, Jr.

John W. Kelly, III, Selma, AL, for J.T. Lide, D.E. Barber, Jr., and R. Moore.

Cartledge W. Blackwell, Jr., Blackwell & Keith, and William T. Faile, Selma, AL, for J.W. Jones, Jr. and W.D. Nichols.

Before KRAVITCH and BIRCH, Circuit Judges, and GOODWIN, Senior Circuit Judge.

KRAVITCH, Circuit Judge:

The issue presented in this case was whether votes cast by voters inadvertently assigned to the wrong district constituted a violation of the Voting Rights Act. The district judge ruled that there was no violation. We AFFIRM.

I.

On March 26, 1992, the County Commission of Dallas County, Alabama adopted a redistricting plan for its upcoming elections. The plan provided for five single-member districts, three with black majorities...

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