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Georgia State Conference of the NAACP, et al.v.Fayette County Board of Commissioners, et al.

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.14-11202
DecidedJanuary 7, 2015
Reporter775 F.3d 1336
JudgesUnited States Court of Appeals for the Eleventh Circuit; Circuit Judges Wilson and Rosenbaum, and District Judge Anne C. Conway of the Middle District of Florida, sitting by designation; Judge Wilson authored the opinion
Tags
CivilCivil RightsElection LawVoting RightsCivil ProcedureSummary JudgmentReversalVacaturRemand
Case Summary

The NAACP and Black Fayette County voters challenged the at-large method of electing the Board of Commissioners under § 2 of the Voting Rights Act. The Board conceded minority cohesion and majority bloc voting but disputed whether the Black community was sufficiently large and geographically compact and whether the totality of circumstances supported liability; the parties’ experts disagreed on those questions. The Eleventh Circuit vacated summary judgment for the plaintiffs because the district court had weighed disputed evidence and expert credibility, issues that required fact-finding at trial. It remanded for live testimony, cross-examination, credibility determinations, and findings adequate for appellate review, without deciding the vote-dilution merits or the proposed remedial plan; the court left the intervening election results undisturbed.

Opinion

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