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HARVELL v. BLYTHEVILLE SCHOOL DIST. # 5

No. 93-1009.

71 F.3d 1382 (1995)

Shirley M. HARVELL; Emmanuel Lofton, Reverend; Hattie Middlebrook; Mary Alice Jones; Jacquelin Henton, Appellants, v. BLYTHEVILLE SCHOOL DISTRICT # 5, A Public Body Corporate; William Tomlinson, Individually and as Board Member; Norvell Moore, Individually and as Board Member; William Sullivan, Individually and as Board Member; Harold Sudbury, Jr., Individually and as Board Member; Helen Nunn, Individually and as Board Member; Karen Fraser, Individually and as Board Member; Steve Littrell, Individually and as Board Member; William Stovall, III, also known as Bill Stovell, Individually and as Board Member; Blytheville School District # 5, Board of Directors; Dr. Frank Ladd, Individually and in his official capacity as Superintendent of Blytheville School District No. 5, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed December 5, 1995.

Attorney(s) appearing for the Case

Mark Burnette of Little Rock, Arkansas, argued (John W. Walker, Little Rock, Arkansas, on brief), for appellants.

Louise A. Lerner of Civil Rights Division of Department of Justice, Washington, DC, argued, for amicus curiae U.S.

James Moore, Little Rock, Arkansas, argued (Robert V. Light, Little Rock, Arkansas, on brief), for appellees.

Before RICHARD S. ARNOLD, Chief Judge, McMILLIAN, FAGG, BOWMAN, WOLLMAN, MAGILL, BEAM, LOKEN, HANSEN, MORRIS SHEPPARD ARNOLD, and MURPHY, Circuit Judges, En Banc.

WOLLMAN, Circuit Judge.

Shirley Harvell and other voters filed suit in 1989, challenging the election procedure for school board members in the Blytheville, Arkansas, school district as violative of Section 2 of the Voting Rights Act, 42 U.S.C. § 1973 ("VRA"). The district court dismissed the complaint, finding that Harvell failed to set forth a prima facie violation of Section 2. Harvell v. Ladd,

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