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ATTALA CTY., MISSISSIPPI BRANCH OF NAACP v. EVANS

No. 20-60913.

37 F.4th 1038 (2022)

ATTALA COUNTY, MISSISSIPPI BRANCH OF the NAACP; Antonio Riley; Sharon N. Young; Charles Hampton; Ruth Robbins, Plaintiffs-Appellants, v. Doug EVANS, in his official capacity as District Attorney of the Fifth Circuit Court District of Mississippi, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Filed June 16, 2022.

Attorney(s) appearing for the Case

James W. Craig , Emily M. Washington , Roderick & Solange MacArthur Justice Center, New Orleans, LA, Sherrilyn Ann Ifill , Jin Hee Lee , Janai S. Nelson, Esq. , Samuel Spital , NAACP Legal Defense & Educational Fund, Incorporated, New York, NY, Christopher Eberhart Kemmitt , Senior Counsel, NAACP Legal Defense & Educational Fund, Incorporated, Washington, DC, for Plaintiffs-Appellants.

Scott Stewart , Justin Lee Matheny, Esq. , Douglas T. Miracle , Assistant Attorney General, Office of the Attorney General for the State of Mississippi, Jackson, MS, for Defendant-Appellee.

Brianne Jenna Gorod , Elizabeth Wydra , Chief Counsel, Constitutional Accountability Center, Washington, DC, for Amicus Curiae Constitutional Accountability Center.

Tiffany R. Wright , Howard University School of Law, Washington, DC, for Amici Curiae Innocence Project New Orleans, George C. Cochran Innocence Project, Howard University School of Law Human and Civil Rights Clinic.

Angela A. Smedley , Winston & Strawn, L.L.P., New York, NY, Sean H. Suber , Winston & Strawn, L.L.P., Chicago, IL, for Amicus Curiae, Current and Former Prosecutors.

Elizabeth Baker Murrill, Esq. , Assistant Attorney General, Office of the Attorney General for the State of Louisiana, Baton Rouge, LA, for Amici Curiae State of Louisiana, State of Texas.

Before Elrod, Southwick, and Costa, Circuit Judges.

A county chapter of the NAACP and four individual Plaintiffs brought suit against the district attorney for the Mississippi counties in which they live, claiming he regularly discriminates against black potential jurors by striking them from juries because of their race. The Plaintiffs asserted violations of their...

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