JOHNSON v. DeSOTO COUNTY BD. OF COM'RS

No. 94-3448.

72 F.3d 1556 (1996)

Brenda M. JOHNSON; William Guice; Oliver Flemming; Jessie Alford, Plaintiffs-Appellees, v. DeSOTO COUNTY BOARD OF COMMISSIONERS, R.V. Griffing, in his official capacity as Chairperson of the DeSoto County Board of Commissioners; John Ed. Johnson, in his official capacity as member of the DeSoto County Board of Commissioners; Paul Whitlock, in his official capacity as member of the DeSoto County Board of Commissioners; Ed W. Horton, in his official capacity as a member of the DeSoto County Board of Commissioners; Raymond Stewart, in his official capacity as a member of the DeSoto County Board of Commissioners, Defendants, DeSoto County School Board, Defendant-Appellant, Rodney Hollingsworth, in his official capacity as Chairperson of the DeSoto County School Board; Phyllis Nesmith, in her official capacity as a member of the DeSoto County School Board; James Westberry, in his official capacity as a member of the DeSoto County School Board; Ronnie Allen; Marion Carroll, in her official capacity as a member of the DeSoto County School Board; David Thornton, in his official capacity as Supervisor of Elections for DeSoto County, Defendants.

United States Court of Appeals, Eleventh Circuit.

January 23, 1996.


Attorney(s) appearing for the Case

Robert M. Fournier, Sarasota, FL, and Katharine I. Butler, Univ. of S. Carolina Law School, Columbia, SC, for Appellant.

Neil Bradley, Atlanta, GA, Cristina M. Correia, Tallahassee, FL, and Robert McDuff, Jackson, MS, for Appellees.

Before BIRCH and CARNES, Circuit Judges, and SIMONS, Senior District Judge.


CARNES, Circuit Judge:

The DeSoto County, Florida School Board appeals the district court's grant of summary judgment against the School Board and in favor of the plaintiffs who are four black registered voters in DeSoto County. The district court held that the election of the School Board members through an at-large voting system, established by a 1947 Florida Act, now codified as Florida Statutes §§ 230.08 and 230.10, violates § 2 of the Voting Rights...

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