Case: Augustine v. Avoyelles Parish

1:06-cv-01662 | U.S. District Court for the Western District of Louisiana

Filed Date: Sept. 26, 2006

Closed Date: Oct. 18, 2010

Clearinghouse coding complete

Case Summary

On September 26, 2006, three plaintiffs, who are all African American and registered voters of Avoyelles Parish, Louisiana, filed suit in the U.S. District Court for the Western District of Louisiana. Defendants include the Avoyelles Parish Police Jury and the nine members of the Policy Jury in their official capacities. The case was assigned to the Honorable Dee D. Drell, United District Judge. Plaintiffs alleged that Defendants violated the Fourteenth and Fifteenth Amendments of the Constitut…

On September 26, 2006, three plaintiffs, who are all African American and registered voters of Avoyelles Parish, Louisiana, filed suit in the U.S. District Court for the Western District of Louisiana. Defendants include the Avoyelles Parish Police Jury and the nine members of the Policy Jury in their official capacities. The case was assigned to the Honorable Dee D. Drell, United District Judge.

Plaintiffs alleged that Defendants violated the Fourteenth and Fifteenth Amendments of the Constitution of the United States, §2 of the Voting Rights Act of 1965, and 42 United States Code § 1973. Specifically, Plaintiffs contend that (i) the decrease in districts from thirteen to nine resulted in dilution of the voting strength of African Americans and (ii) the African American population in Avoyelles Parish is sufficiently compact and geographically insular to constitute a majority in three of the nine member districts that make up the Police Jury, and by only having two majority African American districts, African Americans are being denied the right to vote on account of race or color. Plaintiffs sought declaratory and injunctive relief against further use of the existing districts for the Police Jury.  

On October 17, 2006, Defendants answered the Complaint by denying any racial motivation for the current districting plan and alleging that there was no retrogression due to the proportion of minority districts fifteen members with three minority districts (which equated to 20%) to nine members with two minority districts (which equated to 22%).  

On December 12, 2006, Defendants passed a motion authorizing the Avoyelles Parish District Attorney to meet with Plaintiffs in an effort to jointly develop a redistricting plan for the Police Jury. The parties agreed on the Avoyelles Parish Policy Jury Voluntary Reapportionment Plan, which would result in having three viable minority districts out of nine, however there was disagreement regarding which plan, the Plaintiffs’ or the Defendants’, would be implemented. 

On June 6, 2007, Defendants filed a Motion to Disqualify Plaintiffs’ Expert alleging that Glenn Koepp, who the Plaintiffs’ engaged to assist with their draft of a redistricting plan, should be disqualified because of his position as Secretary of the Senate of Louisiana and knowledge he obtained from a prior case involving the Avoyelles Parish School Board would create a conflict. On October 30, 2007, the Court ruled that Glenn Koepp was disqualified as an expert witness. 

On August 22, 2007, Plaintiffs filed a Petition to Enjoin the September 2007 Qualifying and October 2007 General Elections alleging that the parties have agreed that the current nine member Police Jury should consist of three majority-minority districts, but each party has developed differing redistricting plans incorporating three minority districts. Therefore, without an updated plan in place by September 2007, there would be irreparable injury to minorities in Avoyelles Parish. Defendants responded to the Petition to Enjoin and argued that while Defendants are attempting to create three minority districts, the current plan does not result in retrogression of minority voting power and, in fact, irreparable harm would be done by allowing the members of the Police Jury to continue beyond their four-year terms. On September 5, 2007, the Court denied Plaintiffs’ Petition to Enjoin claiming that a decision to delay the election would be premature and in the event the Court were to determine that the Police Jury was radically malapportioned, the Court could order a new election. 

On January 23, 2008, Defendants filed a Motion for Summary Judgment claiming that there is no showing of retrogression in the voting power of African Americans. However, on September 18, 2008, the Court denied the Motion for Summary Judgment on the basis that all dispositive motions were due on or before June 29, 2007. 

On November 21, 2008, Plaintiffs filed a Motion in Support of Declaring Plaintiffs the Prevailing Party and claimed that plaintiff was entitled to an award of attorney fees and costs associated because the parties agreed to redistrict the Avoyelles Parish Police Jury districts, Plaintiff was meritorious. The Court disagreed and denied the Motion in Support of Declaring Plaintiffs the Prevailing Party on November 24, 2008 on the grounds that the motion was premature.  

On January 6, 2009, the Court adopted the Avoyelles Parish Policy Jury Voluntary Reapportionment Plan, which was the plan created by Defendant, subject to the submission to and preclearance from the Department of Justice as well as certification from the Louisiana Legislature. On October 7, 2009, Defendants filed a Motion to Adopt Proposed Implementation Order, which confirmed that preclearance from the Department of Justice for the plan had been obtained and that the election for the police jurors should be set for Fall of 2010. The Plaintiffs agreed and filed a Motion to Accept Defendant’s Election Implementation Plan. On October 21, 2009, the Court ordered that the election for Avoyelles parish Police Jurors be scheduled for Fall of 2010 under the reapportionment plan adopted by the Court on January 6, 2009. 

On May 18, 2009, the Court ordered that Plaintiffs were not a prevailing party under the Voting Rights Act of 1965 and denied the Motion.  To determine whether Plaintiff was a prevailing party, the Court reviewed the three prong criteria described in Buckhannon Bd. & Care Home, Inc. v. W. Va. Dep’t of Health & Human Res., 532 U.S. 598, 602 (2001): (1) Plaintiff must obtain actual relief such as an enforceable judgment or consent decree, (2) that materially alters the legal relationship between the parties, and (3) modifies the Defendant’s behavior in a way that directly benefits the Plaintiff at the time of the judgment or settlement. The court determined that the order disposing Plaintiffs’ claims did not constitute a consent decree under Buckhannon. 

On June 17, 2009, Plaintiff filed a Notice of Appeal to appeal the Court’s decision to deny the Motion in Support of Declaring Plaintiffs the Prevailing Party to the United States Court of Appeal for the Fifth Circuit. On August 18, 2010, the United States Court of Appeal for the Fifth Circuit affirmed the Court’s decision. On October 18, 2010, the Court ordered the Clerk of Court to close the case.

Summary Authors

Deidre Fragapane (11/2/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4999048/parties/augustine-v-avoyelles-parish/


Judge(s)

Drell, Dee D. (Louisiana)

Attorney for Plaintiff

Jones, Charles D (Louisiana)

Jones, Rosalind Denise (Louisiana)

Attorney for Defendant

Riddle, Charles A (Louisiana)

Roy, Cory P (Louisiana)

show all people

Documents in the Clearinghouse

Document
1

1:06-cv-01662

Plaintiffs' Complaint for Injunctive and Declaratory Relief

Sept. 26, 2006

Sept. 26, 2006

Complaint
4

1:06-cv-01662

Order

Sept. 27, 2006

Sept. 27, 2006

Order/Opinion
21

1:06-cv-01662

Motion to Disqualify Expert

June 6, 2007

June 6, 2007

Pleading / Motion / Brief
23

1:06-cv-01662

Plaintiffs' Opposition to Defendant's Motion to Disqualify Expert

Augustine V. Avoyelles Parish

June 20, 2007

June 20, 2007

Pleading / Motion / Brief
24

1:06-cv-01662

Reply Memorandum to Plaintiffs' Opposition to Defendant's Motion to Disqualify Expert

Augustine V. Avoyelles Parish

July 5, 2007

July 5, 2007

Pleading / Motion / Brief
30

1:06-cv-01662

Motion for Preliminary Injunction and Motion for Attorney Fees

Augustine V. Avoyelles Parish

Aug. 22, 2007

Aug. 22, 2007

Pleading / Motion / Brief
31

1:06-cv-01662

Opposition to Motion for Preliminary Injunction and Motion for Attorneys Fees

Augustine V. Avoyelles Parish

Aug. 24, 2007

Aug. 24, 2007

Pleading / Motion / Brief
33

1:06-cv-01662

Judgment denying 30 Motion for Preliminary Injunction

Augustine V. Avoyelles Parish

Sept. 5, 2007

Sept. 5, 2007

Order/Opinion

2007 WL 2592217

32

1:06-cv-01662

Ruling re Plaintiffs' Petition to Enjoin the September 2007 Qualifying and October 2007 General Elections

Augustine V. Avoyelles Parish

Sept. 5, 2007

Sept. 5, 2007

Order/Opinion
35

1:06-cv-01662

Ruling re defendants' Motion to Disqualify Expert

Augustine V. Avoyelles Parish

Oct. 30, 2007

Oct. 30, 2007

Order/Opinion

2007 WL 3231718

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4999048/augustine-v-avoyelles-parish/

Last updated Jan. 31, 2025, 7:34 a.m.

ECF Number Description Date Link Date / Link

FILING FEE PAID: on behalf of Chris Augustine, Vernon Simon, Charles E Guillory in the amount of $350.00, receipt number 3463500018. (crt,Crawford, A)

Sept. 26, 2006

Sept. 26, 2006

PACER
1

COMPLAINT against Elzie R Bryant, Kirby Roy, III, Mark A Borrell, Dale Laborde, Anthony Desselle, McKinley Keller, Tyrone Dufor, Keith W Lacombe, Police Jury of Avoyelles Parish, Henry Hines, filed by Chris Augustine, Vernon Simon, Charles E Guillory. (Attachments: # 1 Civil cover sheet)(crt,Dean, S) (Entered: 09/27/2006)

1 Civil cover sheet

View on RECAP

Sept. 26, 2006

Sept. 26, 2006

Clearinghouse
2

PROPOSED ORDER by Chris Augustine, Vernon Simon, Charles E Guillory for hearing on Complaint for injunctive and declaratory relief. (crt,Dean, S) (Entered: 09/27/2006)

Sept. 26, 2006

Sept. 26, 2006

Clearinghouse
3

SUMMONS ISSUED as to Elzie R Bryant, Kirby Roy, III, Mark A Borrell, Dale Laborde, Anthony Desselle, McKinley Keller, Tyrone Dufor, Keith W Lacombe, Police Jury of Avoyelles Parish, Henry Hines. (crt,Dean, S) (Entered: 09/27/2006)

Sept. 26, 2006

Sept. 26, 2006

Clearinghouse
4

ORDER re 1 Complaint for Injunctive Relief filed by Charles E Guillory, Chris Augustine, Vernon Simon is DENIED. Suit will proceed as ordinary process at this point in time. Signed by Judge Dee D Drell on 09/26/06. (crt,Harrison, U) (Entered: 09/27/2006)

Sept. 27, 2006

Sept. 27, 2006

Clearinghouse
5

SUMMONS Returned Executed by Chris Augustine, Vernon Simon, Charles E Guillory. Elzie R Bryant served on 9/27/2006, answer due 10/17/2006; Kirby Roy, III served on 9/27/2006, answer due 10/17/2006; Mark A Borrell served on 9/27/2006, answer due 10/17/2006; Dale Laborde served on 9/27/2006, answer due 10/17/2006; Anthony Desselle served on 9/27/2006, answer due 10/17/2006; McKinley Keller served on 9/27/2006, answer due 10/17/2006; Tyrone Dufor served on 9/27/2006, answer due 10/17/2006; Keith W Lacombe served on 9/27/2006, answer due 10/17/2006; Police Jury of Avoyelles Parish served on 9/27/2006, answer due 10/17/2006; Henry Hines served on 9/27/2006, answer due 10/17/2006. (crt,Dickerson, D) (Entered: 09/28/2006)

Sept. 28, 2006

Sept. 28, 2006

RECAP
6

CASE MANAGEMENT ORDER for cases assigned to Judge Dee D Drell sent to counsel of record. (crt,Leleux, M) (Entered: 10/02/2006)

Oct. 2, 2006

Oct. 2, 2006

PACER
7

STANDING PRETRIAL ORDER with cover letter and sample pretrial stipulations sent to all counsel of record. Signed by Judge Dee D Drell on 10/02/06. (crt,Leleux, M) (Entered: 10/02/2006)

Oct. 2, 2006

Oct. 2, 2006

Clearinghouse
8

ANSWER to Complaint by Police Jury of Avoyelles Parish, Henry Hines.(crt,Berry, D) (Entered: 10/17/2006)

Oct. 17, 2006

Oct. 17, 2006

PACER
9

NOTICE of Intent to dismiss for failure to take default 60 days after service upon certain parties. (crt,Leleux, M) (Entered: 03/20/2007)

March 20, 2007

March 20, 2007

PACER
10

MOTION for Leave to File Plan of Work By Counsel of Plaintiff Only by Chris Augustine, Vernon Simon and Charles E Guillory. (Attachments: # 1 Exhibits ; # 2 Text of proposed order ; # 3 Proposed pleading)(crt,Yocum, M) (Entered: 03/22/2007)

March 22, 2007

March 22, 2007

PACER
11

MOTION/REQUEST for Entry of Default as to Elzie Bryant, Kirby Roy III, Mark Borrell, Dale Laborde, Anthony Desselle, McKinley Keller, Tyrone Dufor and Keith Lacombe by Chris Augustine, Vernon Simon and Charles E Guillory. (crt,Yocum, M) Modified on 3/26/2007 to correct filing date (Yocum, M). (Entered: 03/26/2007)

March 23, 2007

March 23, 2007

RECAP
12

CLERK'S ENTRY OF DEFAULT as to Elzie R Bryant, Kirby Roy, III, Mark A Borrell, Dale Laborde, Anthony Desselle, McKinley Keller, Tyrone Dufor and Keith W Lacombe. (crt,Yocum, M) (Entered: 03/26/2007)

March 26, 2007

March 26, 2007

RECAP

NOTICE of Corrective Action regarding 11 MOTION/REQUEST for Entry of Default as to Elzie Bryant, Kirby Roy III, Mark Borrell, Dale Laborde, Anthony Desselle, McKinley Keller, Tyrone Dufor and Keith Lacombe. Action taken: made correction to the filing date of the Request for Entry of Default. The Request was filed 3/23/07 and not 3/26/07. (crt,Yocum, M)

March 26, 2007

March 26, 2007

PACER
13

ORDER denying 10 Motion for Leave to File a plan of work without the signature and consent of counsel for defendants. Signed by Judge Dee D Drell on 03/26/07. (crt,Leleux, M) (Entered: 03/28/2007)

March 28, 2007

March 28, 2007

PACER
14

MOTION for Cory P Roy to Enroll as Counsel by Police Jury of Avoyelles Parish. (Attachments: # 1 Text of proposed order)(crt,Brown, A) (Entered: 03/28/2007)

March 28, 2007

March 28, 2007

PACER
15

ANSWER to Complaint by Elzie R Bryant, Kirby Roy, III, Mark A Borrell, Dale Laborde, Anthony Desselle, McKinley Keller, Tyrone Dufor, Keith W Lacombe, Henry Hines.(crt,Brown, A) (Entered: 03/29/2007)

March 28, 2007

March 28, 2007

RECAP
16

ORDER granting 14 Motion to Enroll as Counsel. Added as counsel Cory P Roy for Police Jury of Avoyelles Parish. Signed by Judge Dee D Drell on March 30, 2007. (crt,Dean, S) (Entered: 04/02/2007)

March 30, 2007

March 30, 2007

PACER
17

ORDER: The completed Plan of Work properly signed shall be filed on or before 04/16/07. Signed by Judge Dee D Drell on 04/03/07. (crt,Harrison, U) (Entered: 04/03/2007)

April 3, 2007

April 3, 2007

RECAP
18

ORDER: The Plan of Work is accepted and a Pretrial Conference is set for 11/15/2007 03:00 PM before Honorable Dee D Drell. Signed by Judge Dee D Drell on 04/19/07. (crt,Leleux, M) (Entered: 04/20/2007)

April 20, 2007

April 20, 2007

PACER
19

PLAN OF WORK filed by all parties. Discovery due by 5/31/2007. Dispositive Motions due by 6/29/2007. Joinder of Parties adings due by 2/28/2007. Amended Pleadings due by 1/31/2007. Final Date for Expert Employment 5/31/2007. Exchange of Expert Reports due by 7/29/2007. Expert Depositions due by 7/31/2007. Initial Disclosure due by 1/10/2007. Signed by Judge Dee D Drell on 04/19/07. (crt,Leleux, M) (Entered: 04/20/2007)

April 20, 2007

April 20, 2007

RECAP
20

MINUTE ENTRY: Upon release of the report from defendants' expert, counsel should set up a telephone conference with the Court to address further progress of this case. Signed by Judge Dee D Drell on 04/26/07. (crt,Leleux, M) (Entered: 04/27/2007)

April 27, 2007

April 27, 2007

PACER
21

MOTION Disqualify Expert by Elzie R Bryant, Kirby Roy, III, Mark A Borrell, Dale Laborde, Anthony Desselle, McKinley Keller, Tyrone Dufor, Keith W Lacombe, Police Jury of Avoyelles Parish, Henry Hines. (Attachments: # 1 Memorandum / Brief ; # 2 Exhibit Part 1; # 3 Exhibit Part 2; # 4 Exhibit Part 3)(crt,Brown, A) (Entered: 06/07/2007)

1 Memorandum / Brief

View on RECAP

2 Exhibit Part 1

View on PACER

3 Exhibit Part 2

View on PACER

4 Exhibit Part 3

View on PACER

June 6, 2007

June 6, 2007

Clearinghouse
22

NOTICE of Motion Setting without oral argument regarding 21 MOTION Disqualify Expert. Motion day set for 7/13/2007 before Honorable Dee D Drell. (crt,Brown, A) (Entered: 06/08/2007)

June 8, 2007

June 8, 2007

PACER
23

MEMORANDUM in Opposition re 21 MOTION Disqualify Expert filed by Chris Augustine, Vernon Simon, Charles E Guillory. (Attachments: # 1 Memorandum / Brief)(crt,Brown, A) (Entered: 06/20/2007)

1 Memorandum / Brief

View on PACER

June 20, 2007

June 20, 2007

Clearinghouse
24

REPLY to Response to Motion re 21 MOTION Disqualify Expert filed by Elzie R Bryant, Kirby Roy, III, Mark A Borrell, Dale Laborde, Anthony Desselle, McKinley Keller, Tyrone Dufor, Keith W Lacombe, Police Jury of Avoyelles Parish, Henry Hines. (Attachments: # 1 Exhibits)(crt,Brown, A) (Entered: 07/05/2007)

1 Exhibits

View on PACER

July 5, 2007

July 5, 2007

Clearinghouse
25

MOTION for Telephone Status Conference by Chris Augustine, Vernon Simon, Charles E Guillory. (Attachments: # 1 Text of proposed order)(crt,Brown, A) (Entered: 07/09/2007)

July 9, 2007

July 9, 2007

PACER
26

ORDER mooting 25 Motion for Hearing, notation thereon "Not Considered, Not Necessary, Separate Status Conference Held". Signed by Judge Dee D Drell on July 16, 2006. (crt,Dean, S) (Entered: 07/19/2007)

July 19, 2007

July 19, 2007

RECAP
27

MINUTE ENTRY setting a telephone status conference for 9/11/2007 01:30 PM before Magistrate Judge James D Kirk. Signed by Judge James D Kirk on 08/20/07. (crt,Leleux, M) (Entered: 08/20/2007)

Aug. 20, 2007

Aug. 20, 2007

RECAP
28

MOTION for Status Conference by Chris Augustine, Vernon Simon, Charles E Guillory. (Attachments: # 1 Proposed Order)(crt,Dean, S) (Entered: 08/21/2007)

1 Proposed Order

View on PACER

Aug. 20, 2007

Aug. 20, 2007

RECAP
29

ORDER granting 28 Motion for Hearing. A telephone status conference is set for 8/27/07 at 1:15pm. Signed by Judge Dee D Drell on 08/21/07. (crt,Leleux, M) (Entered: 08/21/2007)

Aug. 21, 2007

Aug. 21, 2007

RECAP
30

MOTION for Preliminary Injunction and MOTION for Attorney Fees styled as "Plaintiffs' Petition to Enjoin the September 2007 Qualifying and October 2007 General Elections" by Chris Augustine, Vernon Simon and Charles E Guillory. (Attachments: # 1 Text of proposed order)(crt,Yocum, M) (Entered: 08/22/2007)

1 Text of proposed order

View on PACER

Aug. 22, 2007

Aug. 22, 2007

Clearinghouse
31

MEMORANDUM in Opposition re 30 MOTION for Preliminary Injunction MOTION for Attorney Fees filed by Police Jury of Avoyelles Parish. (crt,Brown, A) (Entered: 08/27/2007)

Aug. 24, 2007

Aug. 24, 2007

Clearinghouse
32

RULING re 30 MOTION for Preliminary Injunction. Signed by Judge Dee D Drell on 09/05/07. (crt,Leleux, M) (Entered: 09/06/2007)

1 Searchable Copy of Opinion

View on PACER

Sept. 5, 2007

Sept. 5, 2007

Clearinghouse
33

JUDGMENT denying 30 Motion for Preliminary Injunction. Plaintiffs' petition to enjoin the 9/07 qualifying and 10/07 general elections is DENIED. ORDERED that plaintiffs submit their proposed plan(s) to the Police Jury on or before 9/6/07. Signed by Judge Dee D Drell on 09/05/07. (crt,Leleux, M) (Entered: 09/06/2007)

Sept. 5, 2007

Sept. 5, 2007

Clearinghouse
34

MINUTE ENTRY: September 11 telephone status conference is canceled and will be rescheduled on a date and time to be set by the court in January 2008. Signed by Judge James D Kirk on 09/10/07. (crt,Burge, J) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

PACER
35

RULING re 21 MOTION Disqualify Expert. For the reasons outlined the motion will be granted. Signed by Judge Dee D Drell on 10/29/07. (crt,Leleux, M) (Entered: 10/30/2007)

Oct. 30, 2007

Oct. 30, 2007

Clearinghouse
36

JUDGMENT granting 21 Motion to Disqualify Expert . Signed by Judge Dee D Drell on 10/29/07. (crt,Leleux, M) (Entered: 10/30/2007)

Oct. 30, 2007

Oct. 30, 2007

PACER
37

MINUTE ENTRY: The pretrial conference scheduled on 11/15/07 at 3:00 is converted to a Telephone Status Conference to be initiated by counsel for plaintiffs before Judge Dee D Drell. Signed by Judge James T Trimble Jr on 11/08/07. (crt,Harrison, U) (Entered: 11/08/2007)

Nov. 8, 2007

Nov. 8, 2007

PACER
38

(STRICKEN) DEFICIENT MOTION for Summary Judgment by Police Jury of Avoyelles Parish. (Attachments: # 1 Statement of material facts)(crt,Keifer, K) Modified on 1/7/2008 to indicate stricken. See Order 42 . (Keifer, K). (Entered: 11/15/2007)

Nov. 15, 2007

Nov. 15, 2007

PACER
39

NOTICE of Deficiency to Cory P Roy on behalf of Police Jury of Avoyelles Parish regarding 38 MOTION for Summary Judgment. Reason: This motion requires a memorandum in support. (crt,Keifer, K) (Entered: 11/15/2007)

Nov. 15, 2007

Nov. 15, 2007

PACER
40

MINUTES for proceedings held before Judge Dee D Drell: STATUS CONFERENCE held on 11/16/2007. (crt,Leleux, M) (Entered: 11/19/2007)

Nov. 16, 2007

Nov. 16, 2007

RECAP
41

ORDER: Joint Status Report due by 2/1/2008. Signed by Judge Dee D Drell on 11/16/2007. (crt,Keifer, K) (Entered: 11/19/2007)

Nov. 19, 2007

Nov. 19, 2007

PACER
42

ORDER striking 38 Motion for Summary Judgment. Signed by Magistrate Judge C Michael Hill on 1/4/2008. (crt,Keifer, K) (Entered: 01/07/2008)

Jan. 4, 2008

Jan. 4, 2008

PACER
43

FILED IN ERROR - COUNSEL HAS RESUBMITTED FILING. MOTION for Summary Judgment by Police Jury of Avoyelles Parish. (aty,Roy, Cory) Modified to reflect Filed in Error on 1/24/2008. (Alexander, E) (Entered: 01/23/2008)

Jan. 23, 2008

Jan. 23, 2008

PACER
44

MOTION for Summary Judgment by Police Jury of Avoyelles Parish. (Attachments: # 1 Memorandum / Brief, # 2 Statement of Uncontested Facts, # 3 Certificate of Service)(aty,Roy, Cory) (Entered: 01/23/2008)

1 Memorandum / Brief

View on PACER

2 Statement of Uncontested Facts

View on PACER

3 Certificate of Service

View on PACER

Jan. 23, 2008

Jan. 23, 2008

Clearinghouse

NOTICE of Corrective Action to Cory P Roy on behalf of Police Jury of Avoyelles Parish regarding 43 MOTION for Summary Judgment. Action taken: Modified text to reflect Filed in Error - counsel has resubmitted filing. (crt,Alexander, E)

Jan. 23, 2008

Jan. 23, 2008

PACER
45

NOTICE of Motion Setting without oral argument regarding 44 MOTION for Summary Judgment. Motion day set for 3/14/2008 before Judge Dee D Drell. (crt,Alexander, E) (Entered: 01/24/2008)

Jan. 24, 2008

Jan. 24, 2008

PACER
46

STATUS REPORT by Chris Augustine, Police Jury of Avoyelles Parish. (aty,Jones, Charles) (Entered: 01/30/2008)

Jan. 30, 2008

Jan. 30, 2008

RECAP
47

RESPONSE to Motion re 44 MOTION for Summary Judgment filed by Chris Augustine, Charles E Guillory. (Attachments: # 1 Statement of uncontested material facts, # 2 Memorandum / Brief, # 3 Notice of manual attachment)(aty,Jones, Charles) Modified text on 2/7/2008. (Alexander, E) (Entered: 02/01/2008)

1 Statement of uncontested material facts

View on PACER

2 Memorandum / Brief

View on PACER

3 Notice of manual attachment

View on PACER

Feb. 1, 2008

Feb. 1, 2008

Clearinghouse

MANUAL Attachment Received from Charles D Jones on behalf of Chris Augustine regarding 47 Response to Motion. Attachments received in Alexandria Division. (crt,Harrison, U)

Feb. 1, 2008

Feb. 1, 2008

PACER
48

MOTION for Telephone Status Conference by Chris Augustine. (Attachments: # 1 Text of proposed order)(aty,Jones, Charles) (Entered: 04/29/2008)

April 29, 2008

April 29, 2008

PACER
49

ORDER granting 48 Motion for telephone status conference. A telephone status conference between counsel and this court is set for May 12, 2008 at 2:00; said conference to be initiated by counsel for the plaintiffs. Signed by Judge Dee D Drell on 05/01/08. (crt,Harrison, U) (Entered: 05/01/2008)

May 1, 2008

May 1, 2008

PACER

Set Hearings: District Judge Telephone Status Conference set for 5/12/2008 02:00 PM before Judge Dee D Drell. (crt,Harrison, U)

May 1, 2008

May 1, 2008

PACER
50

MINUTES for proceedings held before Judge Dee D Drell: Telephone Conference held on 5/12/2008. (crt,Leleux, M) (Entered: 05/13/2008)

May 12, 2008

May 12, 2008

RECAP
51

MINUTE ENTRY setting a Status Conference in open court for 8/22/2008 09:30 AM before Judge Dee D Drell. Signed by Judge Dee D Drell on 05/13/08. (crt,Leleux, M) (Entered: 05/14/2008)

May 13, 2008

May 13, 2008

PACER
52

MOTION status conference by Chris Augustine. (Attachments: # 1 Text of proposed order)(aty,Jones, Charles) (Entered: 06/23/2008)

June 23, 2008

June 23, 2008

PACER
53

ORDER granting 52 Motion for telephone status conference. Conference set for 7/14/08 at 10:00 AM. Signed by Judge Dee D Drell on 06/24/08. (crt,Leleux, M) (Entered: 06/24/2008)

June 24, 2008

June 24, 2008

PACER
56

MINUTES for proceedings held before Judge Dee D Drell: Telephone Status Conference held on 7/14/2008. (crt,Leleux, M) (Entered: 07/21/2008)

July 14, 2008

July 14, 2008

PACER
54

MINUTE ENTRY: Based on the conference held on 07/14/08, if the defendants have not supplied the plaintiffs with the necessary information regarding the redistricting plan by August 04, 2008, counsel for the plaintiffs shall initiate an additional telephone status conference with the Court. The status conference currently scheduled for August 22, 2008 at 9:30 is hereby RESCHEDULED for August 20, 2008 at 9:30 a.m. Signed by Judge Dee D Drell on 07/14/08. (crt,Harrison, U) (Entered: 07/15/2008)

July 15, 2008

July 15, 2008

PACER

Set/Reset Hearings: District Judge Status Conference set for 8/20/2008 09:30 AM before Judge Dee D Drell. (crt,Harrison, U)

July 15, 2008

July 15, 2008

PACER
55

MINUTE ENTRY: August 20 status conference reset for 9/15/2008 at 2:30 PM in open court in Alexandria, 2nd Floor, before Judge Dee D Drell. Signed by Judge Dee D Drell on 07/18/08. (crt,Burge, J) (Entered: 07/18/2008)

July 18, 2008

July 18, 2008

PACER
57

MOTION for Attorney Fees, MOTION for Status Hearing. ADMINISTRATIVE ENTRY as 57 MOTION to Compel filed without selecting all reliefs requested in pleading. (crt,Reasor, Mary) Modified on 8/22/2008 to add document number (Reasor, Mary). (Entered: 08/22/2008)

Aug. 22, 2008

Aug. 22, 2008

PACER
58

NOTICE of Motion Setting without oral argument regarding 57 MOTION to Compel. Motions referred to James D Kirk. Motion day set for 11/7/2008 before Magistrate Judge James D Kirk. (crt,Reasor, Mary) (Entered: 08/22/2008)

Aug. 22, 2008

Aug. 22, 2008

PACER
59

MOTION for Rosalind D. Jones to Enroll as Counsel by Chris Augustine. (Attachments: # 1 Text of proposed order)(aty,Jones, Charles) (Entered: 09/11/2008)

Sept. 11, 2008

Sept. 11, 2008

PACER
60

ORDER granting 59 Motion to Enroll as Counsel. Added as counsel Rosalind Denise Jones for Chris Augustine, Vernon Simon and Charles E Guillory. Signed by Judge Dee D Drell on 09/12/08. (crt,Harrison, U) (Entered: 09/12/2008)

Sept. 12, 2008

Sept. 12, 2008

PACER
62

ORDER denying as moot 57 Motion to Compel. It is ordered that on or before 9/29/2008 counsel for Defendants shall provide counsel for Plaintiffs copies of the ordinances and ".shp" computer files in accordance with this Order. Further ordered that on or before 11/15/2008 Plaintiffs shall notify Defendants' counsel and the Court in writing of any objections to the submissions outlined in this Order or shall advise the Court that there are no objections. If such objections are filed, Defendants must provide Plaintiffs' counsel and the Court with written responses to same on or before 12/15/2008. The Court will then set a hearing if needed. Signed by Judge Dee D Drell on 9/16/2008. (crt,Keifer, K) (Entered: 09/18/2008)

Sept. 16, 2008

Sept. 16, 2008

PACER
61

RULING denying 44 Motion for Summary Judgment. Signed by Judge Dee D Drell on 09/18/08. (crt,Leleux, M) (Entered: 09/18/2008)

Sept. 18, 2008

Sept. 18, 2008

Clearinghouse
63

MINUTE ENTRY setting a Telephone Status Conference for 12/11/2008 02:00 PM before Magistrate Judge James D Kirk. Signed by Magistrate Judge James D Kirk on 11/13/08. (crt,Leleux, M) (Entered: 11/13/2008)

Nov. 13, 2008

Nov. 13, 2008

PACER
64

MOTION for Hearing by Chris Augustine. (Attachments: # 1 Text of proposed order)(aty,Jones, Charles) (Entered: 11/20/2008)

Nov. 20, 2008

Nov. 20, 2008

PACER
65

ORDER granting 64 Motion for Hearing. Hearing set before District Judge Dee D. Drell on 1/6/09 at 1:30 p.m., 515 Murray Street, 2nd floor courtroom, Alexandria, LA. Signed by Judge Dee D Drell on 11/21/08. (crt,Burge, J) (Entered: 11/21/2008)

Nov. 21, 2008

Nov. 21, 2008

RECAP

Set/Reset Hearings: Hearing set for 1/6/2009 at 1:30 PM in Alexandria, 2nd Floor, before Judge Dee D Drell. (crt,Burge, J)

Nov. 21, 2008

Nov. 21, 2008

PACER
66

MOTION Determine Prevailing Party by Chris Augustine. (Attachments: # 1 Memorandum / Brief, # 2 Text of proposed order)(aty,Jones, Charles) (Entered: 11/21/2008)

1 Memorandum / Brief

View on PACER

2 Text of proposed order

View on PACER

Nov. 21, 2008

Nov. 21, 2008

Clearinghouse
67

ORDER denying as premature 66 Motion for a hearing to be set to determine why plaintiffs should be declared the prevailing party entitled to an award of attorney fees and costs associated. Signed by Judge Dee D Drell on 11/24/08. (crt,Leleux, M) (Entered: 11/25/2008)

Nov. 24, 2008

Nov. 24, 2008

Clearinghouse
68

MINUTES for proceedings held before Magistrate Judge James D Kirk: TELEPHONE CONFERENCE held on 12/11/2008. All parties are in agreement that the plan should be approved. A hearing is set b/f J. Drell on Jan 6th. (jud,Kirk, James) (Entered: 12/11/2008)

Dec. 11, 2008

Dec. 11, 2008

PACER
69

MINUTE ENTRY RESCHEDULING the hearing on the redistricting plan for the Court's approval and adoption for 1/6/2009 09:30 AM before Judge Dee D Drell. Signed by Judge Dee D Drell on 12/12/08. (crt,Leleux, M) (Entered: 12/22/2008)

Dec. 22, 2008

Dec. 22, 2008

RECAP
70

MINUTES for proceedings held before Judge Dee D Drell: EVIDENTIARY HEARING held on 1/6/2009. An Evidentiary Hearing is set for 4/17/2009 01:00 PM concerning the Motion to Determine Prevailing Party. (Court Reporter: Myra Primeaux)(crt,Leleux, M) (Entered: 01/06/2009)

Jan. 6, 2009

Jan. 6, 2009

RECAP
71

EXHIBITS ADMITTED DURING HEARING ON 1/6/09. (crt,Leleux, M) (Entered: 01/06/2009)

Jan. 6, 2009

Jan. 6, 2009

PACER
72

ORDER re 70 Evidentiary Hearing. The Court adopts the Avoyelles Parish Police Jury Voluntary Reapportionment Plan subject to the submission to and preclearance from the Department of Justice as well as certification from the Louisiana Legislature. The Court requires that: Defendants submit a copy of the plan jointly approved on this date to the Civil Rights Division of the U S Department of Justice for preclearance and upon receipt of the necessary approvals, evidence of the same shall be furnished to the Court, together with a suggested implementation order. Signed by Judge Dee D Drell on 01/06/2009. (crt,Leleux, M) (Entered: 01/06/2009)

Jan. 6, 2009

Jan. 6, 2009

Clearinghouse
73

ORDER re 70 Evidentiary Hearing. An evidentiary hearing on the issue of prevailing party will be held on 4/17/09 at 1:30. In advance of the hearing, the parties may elect to submit all evidence by affidavit instead of testimony. In the absence of agreement in that regard, the hearing will be held. The issues to be addressed can be found in this order. Signed by Judge Dee D Drell on 01/06/2009. (crt,Leleux, M) (Entered: 01/06/2009)

Jan. 6, 2009

Jan. 6, 2009

PACER

Reset Hearings: Evidentiary Hearing set for 4/17/2009 01:30 PM before Judge Dee D Drell. (crt,Leleux, M)

Jan. 6, 2009

Jan. 6, 2009

PACER
74

Ex Parte MOTION for Hearing Telephone Status Conference by Chris Augustine. (Attachments: # 1 Text of proposed order)(aty,Jones, Charles) Modified on 2/27/2009 to reflect deficient status (Reasor, Mary). Modified on 3/3/2009 to remove deficient status; see 76 corrective document (Reasor, Mary). (Entered: 02/26/2009)

Feb. 26, 2009

Feb. 26, 2009

PACER
75

NOTICE of Deficiency to Charles D Jones on behalf of Chris Augustine regarding 74 Ex Parte MOTION for Hearing Telephone Status Conference. Reason: This document is not accompanied by a certificate of service. (crt,Reasor, Mary) (Entered: 02/27/2009)

Feb. 27, 2009

Feb. 27, 2009

PACER
76

CORRECTIVE DOCUMENT entitled Certificate of Service filed by Chris Augustine regarding 74 Ex Parte MOTION for Hearing Telephone Status Conference. (aty,Jones, Charles) (Entered: 03/03/2009)

March 3, 2009

March 3, 2009

PACER
77

STIPULATION Joint Stipulation by Chris Augustine. (Attachments: # 1 Text of proposed order)(aty,Jones, Charles) (Entered: 03/04/2009)

1 Text of proposed order

View on PACER

March 4, 2009

March 4, 2009

RECAP
78

ORDER re 77 Stipulation. It is ordered that the Joint Stipulation be accepted to reflect that a disparity of 19 voters in majority districts exist between an exhibit submitted by plaintiff's demographer and the Joint Submission submitted by both demographers; further that the disparity does not in any way affect the viability of the 3 proposed minority districts included in the Joint Submission to the Voting Rights Section of the U S Department of Justice. It is further ordered that the map introduced as an exhibit by plaintiff's demographer on 1/6/2009 hearing by withdrawn as evidence. Signed by Judge Dee D Drell on 3/5/2009. (crt,Reasor, Mary) (Entered: 03/06/2009)

March 5, 2009

March 5, 2009

PACER
79

ORDER denying as moot 74 Motion for Hearing. Signed by Judge Dee D Drell on 03/06/09. (crt,Harrison, U) (Entered: 03/06/2009)

March 6, 2009

March 6, 2009

PACER

MINUTES for proceedings held before Judge Dee D Drell: Telephone Conference held on 3/30/2009. (crt,Leleux, M)

March 30, 2009

March 30, 2009

PACER
80

MINUTE ENTRY: Evidentiary Hearing RESET for 4/16/2009 09:30 AM in Alexandria, 2nd floor before Judge Dee D Drell re 66 Motion to Determine Prevailing Party filed by Chris Augustine. Signed by Judge Dee D Drell on 03/30/2009. (crt,Leleux, M) (Entered: 03/30/2009)

March 30, 2009

March 30, 2009

PACER
81

RESPONSE in Opposition Defendants Brief Opposing the Award of Attorneys Fees re 66 MOTION to Determine Prevailing Party by Police Jury of Avoyelles Parish. (aty,Riddle, Charles) Modified on 4/14/2009 to reflect deficient status and more accurately identify pleading submitted (Reasor, Mary). Modified on 4/15/2009 to remove deficient status; see corrective document 83 (Reasor, Mary). (Entered: 04/14/2009)

April 14, 2009

April 14, 2009

PACER
82

NOTICE of Deficiency to Charles A Riddle, III on behalf of Police Jury of Avoyelles Parish regarding 81 RESPONSE in Opposition. Reason: A table of contents and table of cases, statutes and other authorities is required for a brief which exceeds ten pages. (crt,Reasor, Mary) (Entered: 04/14/2009)

April 14, 2009

April 14, 2009

PACER
83

CORRECTIVE DOCUMENT entitled Defendants Brief Opposing the Award of Attorneys Fees filed by Police Jury of Avoyelles Parish regarding 81 Trial Brief,. (aty,Riddle, Charles) (Entered: 04/15/2009)

April 15, 2009

April 15, 2009

PACER
84

RESPONSE re 66 MOTION to Determine Prevailing Party by Chris Augustine. (Attachments: # 1 Table of Contents, # 2 Table of Authorities, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibits 3, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8)(aty,Jones, Charles) Modified on 4/16/2009 to edit text and indicate Exhibit 8 is blank; see 87 Corrective Document for exhibit (Reasor, Mary). (Entered: 04/15/2009)

1 Table of Contents

View on PACER

2 Table of Authorities

View on PACER

3 Exhibit 1

View on PACER

4 Exhibit 2

View on PACER

5 Exhibit 4

View on PACER

6 Exhibit 5

View on PACER

7 Exhibits 3

View on PACER

8 Exhibit 6

View on PACER

9 Exhibit 7

View on PACER

10 Exhibit 8

View on PACER

April 15, 2009

April 15, 2009

PACER
85

MINUTES for proceedings held before Judge Dee D Drell: Motion hearing held on 4/16/2009 re 66 Motion to Determine Prevailing Party filed by Chris Augustine. (Court Reporter: Myra Primeaux) (crt,Leleux, M) (Entered: 04/16/2009)

April 16, 2009

April 16, 2009

PACER
86

EXHIBITS Admitted During the Hearing of April 16 2009. (crt,Leleux, M) (Entered: 04/16/2009)

April 16, 2009

April 16, 2009

PACER
87

CORRECTIVE DOCUMENT entitled Exhibit 8 filed by Chris Augustine regarding 84 Trial Brief,. (aty,Jones, Charles) (Entered: 04/17/2009)

April 17, 2009

April 17, 2009

PACER
88

SUPPLEMENTAL MEMORANDUM in Opposition re 66 MOTION Determine Prevailing Party filed by Police Jury of Avoyelles Parish. (aty,Riddle, Charles) (Entered: 04/24/2009)

April 24, 2009

April 24, 2009

PACER
89

MOTION for Leave to File Post-trial Memorandum Unable to contact opposing counsel by Chris Augustine. (Attachments: # 1 Memorandum / Brief, # 2 Proposed Pleading, # 3 Text of proposed order)(aty,Jones, Charles) Modified on 4/27/2009 to edit text (Reasor, Mary). (Entered: 04/25/2009)

April 25, 2009

April 25, 2009

PACER
90

ORDER granting 89 Motion for Leave to File Post Trial Memorandum. No further briefing is allowed.Signed by Judge Dee D Drell on 4/27/2009. (crt,Reasor, Mary) (Entered: 04/28/2009)

April 27, 2009

April 27, 2009

PACER
91

REPLY to Opposition re 66 MOTION Determine Prevailing Party filed by Chris Augustine, Vernon Simon, Charles E Guillory. (crt,Reasor, Mary) (Entered: 04/28/2009)

April 27, 2009

April 27, 2009

RECAP

Case Details

State / Territory: Louisiana

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Sept. 26, 2006

Closing Date: Oct. 18, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three African American, registered votes of Avoyelles Parish, Louisiana

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Avoyelles Parish Police Jury (Avoyelles), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

Constitutional Clause(s):

Equal Protection

Fifteenth Amendment

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Redistricting

Order Duration: 2009 - 2010

Issues

Discrimination Basis:

Race discrimination

Voting:

Challenges to at-large/multimember district/election

Redistricting/district composition

Vote dilution