Filed Date: Nov. 4, 2010
Closed Date: July 1, 2011
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This case stems from a 2006 action brought under the Voting Rights Act of 1965 (the “Act”), which resulted in a settlement and consent decree. Under that settlement, the nine-member Avoyelles Parish School Board (“the Board”) agreed that at least three of its members would be elected from majority-minority districts.
In 2010, an election was held to select the members of the Board. Following the election of a member from one of the three majority-minority districts (the “District”), the registrar determined that the subject member was not eligible for election as she resided outside the District. Resultingly, in accordance with Louisiana law, her seat was declared vacant, and an interim replacement from the District was chosen to fill the seat.
On November 4, 2010, two African American individuals from the District brought suit under the Fourteenth and Fifteenth Amendments and Section 2 of the Act to challenge the removal of the member. In their complaint, the plaintiffs argued that the effect of the removal was to disenfranchise African American voters that had exercised their right to elect a representative of their choice through the election. Specifically, the plaintiffs argued that the district reapportionment line that excluded the elected member from the District was contrary to the 2006 settlement and drawn with the specific intention of preventing the member from representing the District. In connection with the suit, the plaintiffs sought, in primary part, (1) a temporary restraining order enjoining (preventing) the Avoyelles Parish district attorney from removing the elected member; and (2) an order from the court directing the Parish to move the reapportionment line so as to place the elected member in the District.
Addressing the plaintiffs’ requests for a temporary restraining order and injunction, the court noted that the whether the situation constituted a violation of the Act did not need to be answered because its was clear that the Board was not in compliance with the 2006 settlement. Further, although the interim appointment was an African American individual chosen from the District, and although the other two majority-minority representatives approved of the appointment, the appointment nonetheless effectively prevented the District’s voters from participating in the political process. Thus, the court determined that a special election would be necessary to fill the vacant seat, and that the removed, elected member would be given a chance to move into the District prior to the election. 2011 WL 499196.
With respect to the request that district lines be redrawn, the court noted that the purpose of the Act was to protect voters, not candidates. Accordingly, the court determined that, while it may have the power to redraw district lines or reappoint the removed member, there was an open issue as to whether the district lines actually disenfranchised African American voters, and a hearing on the issue as necessary.
Following the hearing, the Parties reached an agreement on a reapportionment plan that addressed the plaintiffs’ concerns regarding the districting. On July 12, 2011, the Parties submitted a consent decree to the Court, which adopted the reapportionment plan and directed the Parish to submit the plan to the U.S. Department of Justice for preclearance pursuant to Section 5 of the Act. The Court further ordered that, subject to preclearance, a special election would be held on October 22, 2011 under the new reapportionment plan.
Summary Authors
Corey Nevers (10/25/2023)
United States of America v. Avoyelles Parish School Board, Western District of Louisiana (1967)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5205884/parties/guillory-v-avoyelles-parish/
Drell, Dee D. (Louisiana)
Jr, Edward Larvadain (Louisiana)
Larvadain, Malcolm Xerxes (Louisiana)
Lafargue, David Edwin (Louisiana)
Riddle, Charles A (Louisiana)
See docket on RECAP: https://www.courtlistener.com/docket/5205884/guillory-v-avoyelles-parish/
Last updated May 8, 2025, 12:08 a.m.
State / Territory: Louisiana
Case Type(s):
Key Dates
Filing Date: Nov. 4, 2010
Closing Date: July 1, 2011
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Rev. Charles E. Guillory and Howard Desselles, individuals
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Avoyelles Parish School Board (Avoyelles), School District
Superintendent of Avoyelles Parish School Board (Avoyelles), School District
Members of Avoyelles Parish School Board (Avoyelles), School District
Case Details
Causes of Action:
Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Issues
Voting: