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BRAND ON v. GUILFORD COUNTY BD. OF ELECTIONS

No. 18-1123.

921 F.3d 194 (2019)

Lewis A. BRANDON III; Joyce Johnson; Nelson Johnson; Richard Alan Koritz; Sandra Self Koritz; Charli Mae Sykes; Maurice Warren II; Georgeanna Butler Womack, Plaintiffs-Appellants, and The City of Greensboro, Plaintiff, v. GUILFORD COUNTY BOARD OF ELECTIONS, Defendant-Appellee, and Melvin Alston; Jean Brown; Hurley Derrickson; Stephen Golimowski; Wayne Goodson; Sharon Kasica; Jim Kee; William Clark Porter; Earl Jones, Defendants, and Robert A. Rucho; Wade Trudy; John Faircloth; Jon Hardister; Charles E. Jeter; Tim Moore; David Lewis; Erika Churchill, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: April 15, 2019.

Attorney(s) appearing for the Case

ARGUED: Allison J. Riggs , SOUTHERN COALITION FOR SOCIAL JUSTICE, Durham, North Carolina, for Appellants. J. Mark Payne , GUILFORD COUNTY ATTORNEY'S OFFICE, Greensboro, North Carolina, for Appellee. ON BRIEF: Jaclyn A. Maffetore , SOUTHERN COALITION FOR SOCIAL JUSTICE, Durham, North Carolina, for Appellants. Taniya D. Reaves , GUILFORD COUNTY ATTORNEY'S OFFICE, Greensboro, North Carolina, for Appellee. Alan W. Duncan , Stephen M. Russell, Jr. , MULLINS DUNCAN HARRELL & RUSSELL, PLLC, Greensboro, North Carolina, for Appellee.

Reversed and remanded by published opinion. Judge Niemeyer wrote the majority opinion, in which Judge Thacker joined. Judge Richardson wrote a dissenting opinion.

After eight voting citizens of Greensboro, North Carolina, ("Citizens") prevailed in an action under 42 U.S.C. § 1983 against the Guilford County Board of Elections, successfully challenging as unconstitutional a 2015 state law that redrew Greensboro City Council districts and obtaining a permanent injunction against...

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