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HOLLOWAY v. CITY OF VIRGINIA BEACH

No. 21-1533, No. 21-2431.

42 F.4th 266 (2022)

Latasha HOLLOWAY; Georgia Allen, Plaintiffs-Appellees, v. The CITY OF VIRGINIA BEACH; the Virginia Beach City Council; Donna Patterson, in her official capacity as General Registrar for the City of Virginia Beach; Robert Dyer, in his official capacity as the Mayor of Virginia Beach; Patrick Duhaney, in his official capacity as City Manager of Virginia Beach; Michael Berlucchi, in his official capacity as member of the Virginia Beach City Council; Barbara Henley, in her official capacity as member of the Virginia Beach City Council; Louis Jones, in his official capacity as member of the Virginia Beach City Council; John Moss, in his official capacity as member of the Virginia Beach City Council; Aaron Rouse, in his official capacity as member of the Virginia Beach City Council; Guy Tower, in his official capacity as member of the Virginia Beach City Council; Rosemary Wilson, in her official capacity as Vice Mayor of Virginia Beach; Sabrina Wooten, in her official capacity as member of the Virginia Beach City Council; Rocky Holcomb, in his official capacity as member of the Virginia Beach City Council; Linwood Branch, in his official capacity as member of the Virginia Beach City Council, Defendants-Appellants. Commonwealth of Virginia, Amicus Supporting Appellants, Brennan Center For Justice at NYU School of Law; Southern Coalition for Social Justice, Amici Supporting Appellees. Latasha Holloway; Georgia Allen, Plaintiffs-Appellees, v. The City of Virginia Beach; the Virginia Beach City Council; Donna Patterson, in her official capacity as General Registrar for the City of Virginia Beach; Robert Dyer, in his official capacity as the Mayor of Virginia Beach; Patrick Duhaney, in his official capacity as City Manager of Virginia Beach; Michael Berlucchi, in his official capacity as member of the Virginia Beach City Council; Barbara Henley, in her official capacity as member of the Virginia Beach City Council; Louis Jones, in his official capacity as member of the Virginia Beach City Council; John Moss, in his official capacity as member of the Virginia Beach City Council; Aaron Rouse, in his official capacity as member of the Virginia Beach City Council; Guy Tower, in his official capacity as member of the Virginia Beach City Council; Rosemary Wilson, in her official capacity as Vice Mayor of Virginia Beach; Sabrina Wooten, in her official capacity as member of the Virginia Beach City Council; Rocky Holcomb, in his official capacity as member of the Virginia Beach City Council; Linwood Branch, in his official capacity as member of the Virginia Beach City Council, Defendants-Appellants. Commonwealth of Virginia, Amicus Supporting Appellants, Brennan Center for Justice at NYU School of Law; Southern Coalition for Social Justice, Amici Supporting Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: July 27, 2022.

Attorney(s) appearing for the Case

ARGUED: Richard Bryan Raile , BAKER & HOSTETLER LLP, Washington, D.C., for Appellants. Christopher DeSean Lamar , CAMPAIGN LEGAL CENTER, Washington, D.C., for Appellees. Erika L. Maley , OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Amicus Commonwealth of Virginia. ON BRIEF: Mark D. Stiles , City Attorney, Christopher S. Boynton , Deputy City Attorney, Gerald L. Harris , Senior City Attorney, Joseph M. Kurt , Assistant City Attorney, OFFICE OF THE CITY ATTORNEY, Virginia Beach, Virginia; Erika Dackin Prouty , Columbus, Ohio, Katherine L. McKnight , Washington, D.C., Patrick T. Lewis , BAKER & HOSTETLER LLP, Cleveland, Ohio, for Appellants. J. Gerald Hebert , J. GERALD HEBERT P.C., Alexandria, Virginia; Annabelle E. Harless , Chicago, Illinois, Mark P. Gaber , Robert N. Weiner , CAMPAIGN LEGAL CENTER, Washington, D.C., for Appellees. Jason S. Miyares , Attorney General, Charles H. Slemp, III , Chief Deputy Attorney General, Andrew N. Ferguson , Solicitor General, Lucas W.E. Croslow , Special Assistant to the Solicitor General, Annie Chiang , Assistant Solicitor General, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Amicus Commonwealth of Virginia. Alicia Bannon , Yurij Rudensky , BRENNAN CENTER FOR JUSTICE, New York, New York; Nathaniel B. Edmonds , Katherine Berris , James W. Brown , Lindsey Ware Dieselman , Anne Marie Egerstrom , Diogo Metz , Mary E. Rogers , Tor Tarantola , PAUL HASTINGS, LLP, Washington, D.C., for Amicus Brennan Center for Justice. Allison J. Riggs , Noor Taj , SOUTHERN COALITION FOR SOCIAL JUSTICE, Durham, North Carolina, for Amicus Southern Coalition for Social Justice.

Vacated and remanded by published opinion. Judge Harris wrote the opinion, in which Judge Thacker joined. Chief Judge Gregory wrote a dissenting opinion.

Plaintiffs Latasha Holloway and Georgia Allen sued the City of Virginia Beach and several local officials, claiming that the City's exclusive use of at-large voting to elect members of its City Council diluted the votes of minority voters in violation of Section 2 of the Voting Rights Act of 1965. Before the district...

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