The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

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

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.14-11204
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 JudgmentVacaturRemand
Case Summary

The NAACP and Black Fayette County voters alleged that the at-large method of electing the Board of Education diluted minority voting strength in violation of § 2 of the Voting Rights Act. The plaintiffs did not move for summary judgment against the Board, but the district court entered judgment against it without notice after the Board had made a limited liability concession to support a proposed settlement plan. The Eleventh Circuit held that Rule 56(f) required notice and a reasonable opportunity to respond before the court could enter summary judgment on its own; the Board’s settlement-related concession did not cure the notice failure. The court reversed the summary judgment against the Board and remanded for further proceedings without reaching the merits of the vote-dilution claim or the proposed remedial plan; it left the intervening election results undisturbed.

Opinion

Loading published copy…

The Far Side