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BROWN v. BOARD OF COM'RS OF CHATTANOOGA, TENN.

No. CIV-1-87-388.

722 F.Supp. 380 (1989)

Dr. Tommie BROWN; Leamon Pierce; Rev. Herbert H. Wright; J.K. Brown; Annie D. Thomas; Johnny W. Holloway; George A. Key; Lorenzo Ervin; Bobby Ward; Norma Crowder; Maxine B. Cousins; and Buford McElrath, Plaintiffs, v. BOARD OF COMMISSIONERS OF THE CITY OF CHATTANOOGA, TENNESSEE: Gene Roberts, Ervin Dinsmore, John Franklin, Pat Rose and Ron Littlefield, In Their Official Capacities as Members of the Board of Commissioners, Defendants, and State of Tennessee, Intervenor.

United States District Court, E.D. Tennessee, S.D.

August 8, 1989.

Attorney(s) appearing for the Case

Margaret Carey and Charles Victor McTeer, Center for Constitutional Rights, McTeer & Bailey, P.A., Greenville, Miss., and Myron Bernard McClary, Chattanooga, Tenn., for plaintiffs Dr. Tommie Brown, Leamon Pierce, Rev. Herbert H. Wright, J.K. Brown, Johnny W. Holloway, George A. Key, Norma Crowder and Buford McElrath.

Laughlin McDonald, Neil Bradley and Derek Alphran, American Civil Liberties Union Foundation, Inc. and American Civil Liberties Union of Tennessee, Atlanta, Ga., and Richard Dinkins, Williams & Dinkins, Nashville, Tenn., for plaintiffs Annie D. Thomas, Lorenzo Ervin, Bobby Ward and Maxine B. Cousins.

Eugene N. Collins, City Atty., and Randall L. Nelson, Sp. Counsel, Chattanooga, Tenn., and Vincent R. Fontana, Wilson, Elser, Moskowitz, Edelman & Dicker, New York City, Steven M. Levine, Wilson, Elser, Moskowitz, Edelman & Dicker, Washington, D.C., for defendants.

Elizabeth P. McCarter, Asst. Atty. Gen., State of Tenn., Nashville, Tenn., for intervenor.

MEMORANDUM

EDGAR, District Judge.

Plaintiffs, who are black citizens of Chattanooga, Tennessee, have brought this action challenging the system for selecting members of the Board of Commissioners, Chattanooga's governing body. Plaintiffs allege that this system, which features atlarge elections for members of the Board of Commissioners, is in violation of section 2 of the Voting Rights Act of 1965, as amended, 42 U.S.C. § 1973, in that it (1) was adopted...

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