Case: Guillory v. Avoyelles Parish

1:10-cv-01724 | U.S. District Court for the Western District of Louisiana

Filed Date: Nov. 4, 2010

Closed Date: July 1, 2011

Clearinghouse coding complete

Case Summary

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 regis…

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)

Related Cases

United States of America v. Avoyelles Parish School Board, Western District of Louisiana (1967)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5205884/parties/guillory-v-avoyelles-parish/


Judge(s)

Drell, Dee D. (Louisiana)

Attorney for Plaintiff

Jr, Edward Larvadain (Louisiana)

Larvadain, Malcolm Xerxes (Louisiana)

Attorney for Defendant

Lafargue, David Edwin (Louisiana)

Riddle, Charles A (Louisiana)

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Documents in the Clearinghouse

Document
1

1:10-cv-01724

Plaintiffs'/Movers' Complaint for Injunctive and Declaratory Relief

Guillory, Et Al V. Avoyelles Parish, Et Al

Nov. 4, 2010

Nov. 4, 2010

Complaint
3

1:10-cv-01724

Order

Guillory, Et Al V. Avoyelles Parish, Et Al

Nov. 16, 2010

Nov. 16, 2010

Order/Opinion
12

1:10-cv-01724

Plaintiffs' Joint Post Hearing Memorandum

Guillory, Et Al V. Avoyelles Parish, Et Al

Jan. 20, 2011

Jan. 20, 2011

Pleading / Motion / Brief
11

1:10-cv-01724

Memorandum on behalf of the Avoyelles Parish School Board

Guillory, Et Al V. Avoyelles Parish, Et Al

Jan. 20, 2011

Jan. 20, 2011

Pleading / Motion / Brief
13

1:10-cv-01724

Ruling and Order

Guillory, Et Al V. Avoyelles Parish, Et Al

Feb. 7, 2011

Feb. 7, 2011

Order/Opinion

2011 WL 2011

21

1:10-cv-01724

Consent Judgment

Guillory, Et Al V. Avoyelles Parish, Et Al

July 1, 2011

July 1, 2011

Other
22

1:10-cv-01724

Consent Judgment

Guillory, Et Al V. Avoyelles Parish, Et Al

July 1, 2011

July 1, 2011

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5205884/guillory-v-avoyelles-parish/

Last updated March 9, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link

CASE Assigned to Judge Dee D Drell and Magistrate Judge James D Kirk. (crt,Kennedy, T)

Nov. 4, 2010

Nov. 4, 2010

PACER
1

MOTION for Temporary Restraining Order by Howard Desselles, Charles E Guillory. ADMINISTRATIVE ENTRY - no pdf attached. See document 1 Complaint for pdf document. (crt,Kennedy, T) Modified to add document number on 11/15/2010. (Kennedy, T) (Entered: 11/15/2010)

1 Exhibits

View on PACER

Nov. 4, 2010

Nov. 4, 2010

Clearinghouse
2

NOTICE of Deficiency to Malcolm Xerxes Larvadain, Edward Larvadain, Jr on behalf of Howard Desselles, Charles E Guillory regarding 1 DEFICIENT ? Complaint. Reason: No filing fee accompanied this complaint. The filing fee for a new civil action is $350.00 and the filing fee for a habeas corpus petition is $5.00. Within ten (10) days from the date of this notice you must either pay the required fee or submit a completed Application for Leave to Proceed In Forma Pauperis. (crt,Kennedy, T) (Entered: 11/15/2010)

Nov. 15, 2010

Nov. 15, 2010

PACER
3

ORDER re 1 MOTION for Temporary Restraining Order: Charles Riddle, III show cause on 12/08/10 at 9:30 AM why a preliminary writ of injunction should not be issued herein. District Judge Hearing set for 12/8/2010 09:30 AM before Judge Dee D Drell. Signed by Judge Dee D Drell on 11/16/10. (crt,Putch, A) (Entered: 11/17/2010)

Nov. 16, 2010

Nov. 16, 2010

Clearinghouse

FILING FEE RECEIVED: on behalf of Howard Desselles, Charles E Guillory in the amount of $350.00, receipt number 14635001938. (crt,Roaix, G)

Nov. 29, 2010

Nov. 29, 2010

PACER
4

CIVIL COVER SHEET by Howard Desselles, Charles E Guillory. (crt,Putch, A) (Entered: 11/30/2010)

Nov. 29, 2010

Nov. 29, 2010

PACER
5

SUMMONS ISSUED as to School Board of Avoyelles Parish, Lynn Deloach, Robert Dunbar, Sheila Dupas, Freeman Ford, James Gauthier, Jim Guillory, Cindy Hill, Ricky Juneau, Van Kojis, Micheal Lacombe, Dwayne Lemoine, Carlos Mayeaux, Jr, Lizzie Ned, Darrell Wiley (crt,Putch, A) (Entered: 11/30/2010)

Nov. 30, 2010

Nov. 30, 2010

PACER
6

MINUTE ENTRY: Show Cause Hearing set for 12/8/10 is reset for 12/27/2010 10:00 AM in Alexandria, 2nd floor before Judge Dee D Drell. Signed by Judge Dee D Drell on 12/7/10. (crt,Roaix, G) (Entered: 12/07/2010)

Dec. 7, 2010

Dec. 7, 2010

PACER
7

ANSWER to 1 Complaint by Avoyelles Parish School Board, Dewayne Lemoine, Jim Guillory, Lynn Deloach, Carlos Mayeaux, Ricky Juneau, Lizzie Ned, Van Kojis, Robert Dunbar, Freeman Ford, Darrell Wiley, James Gauthier, Sheila Dupas, Michael Lacombe and Cindy Hill. (Attachments: # 1 Exhibits A, # 2 Exhibits B)(aty,Riddle, Charles) Modified on 12/21/2010 to edit text (Putch, A). (Entered: 12/20/2010)

Dec. 20, 2010

Dec. 20, 2010

PACER
8

MINUTES for proceedings held before Judge Dee D Drell: Motion hearing held on 12/27/2010 re 1 Motion for Preliminary Injunction.(Court Reporter: Myra Primeaux) (crt,Leleux, M) (Entered: 12/28/2010)

Dec. 27, 2010

Dec. 27, 2010

PACER
9

MINUTE ENTRY setting a Telephone Status Conference for 1/3/2011 at 10:00 AM before Judge Dee D Drell. Counsel for School Board will initiate the conference call. Signed by Judge Dee D Drell on 12/29/2010. (crt,Leleux, M) (Entered: 12/29/2010)

Dec. 29, 2010

Dec. 29, 2010

PACER
10

MINUTE ENTRY: As discussed during the telephone conference held on 1/03/2011, the briefing deadline is EXTENDED to 01/21/2011. Signed by Judge Dee D Drell on 1/04/2011. (crt,Putch, A) (Entered: 01/05/2011)

Jan. 4, 2011

Jan. 4, 2011

PACER
11

MEMORANDUM in Opposition re 1 MOTION for Temporary Restraining Order Post Hearing Memorandum filed by School Board of Avoyelles Parish. (Attachments: # 1 Exhibits A)(aty,Riddle, Charles) (Entered: 01/20/2011)

1 Exhibits A

View on RECAP

Jan. 20, 2011

Jan. 20, 2011

Clearinghouse
12

JOINT POST HEARING MEMORANDUM by All Plaintiffs. (crt,Kennedy, T) (Entered: 02/10/2011)

Jan. 20, 2011

Jan. 20, 2011

Clearinghouse
13

RULING AND ORDER: IT IS ORDERED that a special election be held as soon as practicable to allow the voters of District 6 to elect a representative of their choosing. According a hearing is ordered on this issue and set, for the present, for February 28, 2011 at 1:30 PM. Plaintiffs' request that Mrs. Ned be reappointed to her seat is DENIED as extraordinary and unnecessary to vindicate the voters' rights at issue here. IT IS ORDERED that any length of residency requirements that would ordinarily render Mrs. Ned ineligible be waived, should the District line not be redrawn to include her residence, and should she choose to move into the District for the new election. Signed by Judge Dee D Drell on 2/07/2011. (crt,Putch, A) (Entered: 02/10/2011)

Feb. 7, 2011

Feb. 7, 2011

Clearinghouse

Set Hearings: District Judge Miscellaneous Hearing set for 2/28/2011 01:30 PM before Judge Dee D Drell. See doc 13 Ruling and Order. (crt,Putch, A)

Feb. 7, 2011

Feb. 7, 2011

PACER
14

MINUTE ENTRY: re 13 Ruling & Order. The hearing on 2/28/11 will be regarding 1) whether redrawing the district 4/6 line is necessary and/or feasible 2) the date of the special election and 3) the correct apportionment rules to be applied to the special election. Signed by Judge Dee D Drell on 02/09/2011. (crt,Leleux, M) (Entered: 02/10/2011)

Feb. 10, 2011

Feb. 10, 2011

PACER
15

ORDER Considering the attached request with consent from Intervenor, the hearing set for February 29, 2011 is re-fixed for 3/10/2011 01:30 PM in Alexandria, 2nd floor before Judge Dee D Drell. Signed by Judge Dee D Drell on 2/16/11. (crt,Roaix, G) (Entered: 02/17/2011)

Feb. 17, 2011

Feb. 17, 2011

PACER
16

JOINT MOTION for Hearing with consent by School Board of Avoyelles Parish, Lynn Deloach, Howard Desselles, Robert Dunbar, Sheila Dupas, Freeman Ford, James Gauthier, Charles E Guillory, Jim Guillory, Cindy Hill, Ricky Juneau, Van Kojis, Micheal Lacombe, Dwayne Lemoine, Carlos Mayeaux, Jr, Lizzie Ned, Darrell Wiley. (Attachments: # 1 Text of proposed order)(aty,Riddle, Charles) Modified to edit text on 3/25/2011. (Putch, A) Modified to properly capture motion event on 3/28/2011. (Putch, A) (Entered: 03/24/2011)

March 24, 2011

March 24, 2011

PACER

NOTICE of Corrective Action to Charles A Riddle III on behalf of School Board of Avoyelles Parish et al, and Edward Larvadain Jr on behalf of Charles E Guillory et al regarding 16 MOTION for Hearing. Action taken: Modified entry to more accurately identify the pleading submitted. Additionally, the pleading filed referenced separate civil action numbers and should be electronically filed in each case individually. Counsel is advised to electronically file pleading in the other civil action referenced in the caption of the pleading. (crt,Putch, A)

March 24, 2011

March 24, 2011

PACER
17

ORDER granting 16 Motion for Hearing. ORDERED that all issues relating to the hearing previously scheduled on 3/10/2011 be and the same are hereby re-fixed for hearing on 7/1/2011 at 9:30 AM. Signed by Judge Dee D Drell on 3/28/2011. (crt,Putch, A) (Entered: 03/30/2011)

March 28, 2011

March 28, 2011

PACER

Set/Reset Hearings: District Judge Miscellaneous Hearing set for 7/1/2011 09:30 AM in xAlexandria Court House before Judge Dee D Drell. (crt,Putch, A)

March 28, 2011

March 28, 2011

PACER

MINUTES for proceedings held before Judge Dee D Drell: Status Conference held on 6/3/2011. (crt,Leleux, M)

June 3, 2011

June 3, 2011

PACER
18

MINUTE ENTRY: A hearing to consider the actions of the Avoyelles Parish School Board will be held on 6/22/2011 at 10:00 AM in xAlexandria Court House before Judge Dee D Drell. Signed by Judge Dee D Drell on 6/3/2011. (crt,Putch, A) (Entered: 06/03/2011)

June 3, 2011

June 3, 2011

PACER
19

MINUTES for proceedings held before Judge Dee D Drell: MISCELLANEOUS HEARING held on 6/22/2011. (Court Reporter: Myra Primeaux)(crt,Leleux, M) (Entered: 06/22/2011)

June 22, 2011

June 22, 2011

PACER
20

MINUTE ENTRY: The hearing presently set for 7/1/2011 at 9:30 a.m. is CANCELLED. Signed by Judge Dee D Drell on 6/24/2011. (crt,Putch, A) (Entered: 06/27/2011)

June 24, 2011

June 24, 2011

PACER
21

PROPOSED ORDER/JUDGMENT by School Board of Avoyelles Parish. (aty,Riddle, Charles) (Entered: 07/01/2011)

July 1, 2011

July 1, 2011

RECAP
22

CONSENT JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that: There is an agreement of reapportionment in a manner approved by the School Board and that all claims of plaintiffs are satisfied. The reapportionment plan adopted by the Avoyelles Parish School Board in the language resolution, introduced as Avoyelles Parish School Board #1 be adopted as the plan by the court, made part of this judgment and submitted to the United States Department of Justice. The special election for the district six of the Avoyelles Parish School Board be held on October 22, 2011 under the reapportioned plan adopted as mentioned above and that the Secretary of State is directed to implement this plan. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that all claims by plaintiff are ruled and satisfied dismissing any other relief sought. Signed by Judge Dee D Drell on 7/1/2011. (crt,Putch, A) (Entered: 07/01/2011)

July 1, 2011

July 1, 2011

RECAP

Case Details

State / Territory: Louisiana

Case Type(s):

Election/Voting Rights

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:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

Voting:

Candidate qualifications

Redistricting/district composition