Filed Date: Feb. 15, 2012
Closed Date: April 20, 2012
Clearinghouse coding complete
On February 15, 2012, the City of Pinson, Alabama (“Pinson”) filed a complaint in the United States District Court for the District of Columbia against U.S. Attorney General Eric Holder and Assistant U.S. Attorney General Thomas E. Perez (collectively, “the Attorney General”), seeking an exemption or “bailout” from the preclearance provisions of Section 5 of the Voting Rights Act. On March 15, 2012, Pinson and the Attorney General filed a joint motion for a consent judgment and decree, approving the requested bailout. The court granted the requested bailout and signed the consent judgment and decree proposed by Pinson and the Attorney General on April 20, 2012.
Pinson was subject to certain special provisions of Section 5 of the Voting Rights Act, meaning that it was required to obtain preclearance from the court or the Attorney General before adopting any change in voting standards, practices, or procedures. Under Section 4(a) of the Voting Rights Act, Pinson was eligible for an exemption – referred to as a “bailout” – from the preclearance requirements upon demonstrating satisfaction of various statutory criteria, generally requiring that, in the most recent ten years, Pinson had not been involved in any discriminatory voting practices and had sought to expand minority participation in the political process.
After Pinson’s complaint was filed, Pinson and the Attorney General jointly sought a consent judgment and decree granting a bailout under Section 409(a)(9) of the Voting Rights Act, providing that the Attorney General can consent to entry of a declaratory judgment granting a bailout “if based upon a showing of objective and compelling evidence by the plaintiff, and upon investigation, he is satisfied that the State or political subdivision” has met the statutory requirements. The joint motion and proposed consent judgment and decree filed on March 15, 2012 stated that the Attorney General was satisfied that the statutory criteria for a bailout was satisfied based on a thorough investigation, which included interviews of members of the local minority community, interviews of Jefferson County and Pinson election officials, and review of documents related to Pinson, including available background information and demographic data, minutes of the Pinson City Council meetings, records relating to voter registration and turnout in Pinson and Jefferson County, and records of Pinson’s preclearance submissions (seeking approval for prior changes to Pinson’s voting practices). The Attorney General and Pinson stipulated that the statutory requirements for a bailout were satisfied, and a three-judge panel of the court granted the requested bailout on April 20, 2012.
Summary Authors
(11/27/2023)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4211474/parties/city-of-pinson-alabama-v-holder/
Kollar-Kotelly, Colleen (District of Columbia)
Goodstein, Michael D. (District of Columbia)
Berkower, Risa (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/4211474/city-of-pinson-alabama-v-holder/
Last updated Aug. 10, 2025, 10:38 p.m.
State / Territory: District of Columbia
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: Feb. 15, 2012
Closing Date: April 20, 2012
Case Ongoing: No
Plaintiffs
Plaintiff Description:
City of Pinson, Alabama
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Case Details
Causes of Action:
Voting Rights Act, section 5, 52 U.S.C. § 10304 (previously 42 U.S.C. § 1973c)
Available Documents:
Outcome
Prevailing Party: Mixed
Nature of Relief:
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 2012 - 2012
Issues
Voting: