Lucas v. Bolivar County
Lucas v. Bolivar County
Opinion of the Court
In this voting rights case, the district court entered an order approving a redistricting plan, directing that it be submitted to the Attorney General for preclearance, and retaining jurisdiction for the purpose of entering further appropriate orders for the calling of a special election subject to the Attorney Gengral’s preclearance. We consider whether this is a final judgment or a collateral order from which an appeal will lie or whether it is a nonappealable interlocutory order. We conclude that the district court’s order is not a final judgment or an appealable interlocutory order, and we, therefore, grant the motion to dismiss the appeal.
I.
Voters resident in Bolivar County sought declaratory and injunctive relief under § 2 of the Voting Rights Act
After the defendants submitted a new redistricting plan to the court, the court held a five-day evidentiary hearing. It then issued a memorandum opinion and an order on February 14, 1984. The court held that the redistricting plan did not violate the plaintiffs’ constitutional or statutory rights. The final page of the opinion states:
The court therefore approves the defendant[s’] ... redistricting plan and directs them to submit the same to the Attorney General ... for preclearance under section 5 of the Voting Rights Act of 1965, and retains jurisdiction of this cause for the purpose of entering such further orders as may be appropriate for the calling of a special election of supervisors and constables in Bolivar County.
Thereafter, the court signed an order that repeats this passage verbatim. The plaintiffs have appealed only from this order.
Before filing notice of appeal, the plaintiffs filed a motion for reconsideration of the order of February 14 and a motion for an extension of time to file their notice of appeal. In their motion for reconsideration, the plaintiffs asked the court to vacate its February 14 order. Citing McDaniel v. Sanchez,
After the Attorney General’s preclearance of the redistricting plan, on June 12, 1984, the district court entered what it termed a final judgment. After considera
The plaintiffs appealed neither the June 12, 1984, judgment nor the June 29, 1984, amended judgment. On November 20, the defendants filed a motion to dismiss the appeal lodged on March 15, contending that the February 14 order is not (1) a final judgment,
II.
“It is a principle of first importance that the federal courts are courts of limited jurisdiction.”
The appellants contend that the February 14 order “left the court with nothing to do but to retain jurisdiction and exercise the ministerial functions of scheduling elections.” They also contend that the court retained no power of revision over its decision and that the order, on its face, shows that the Attorney General’s action would have no impact on any conclusion of law or finding of fact. The appellants concede, however, that the district court should not have ruled on the validity of the county’s plan prior to the Attorney General’s preclearance, but argue that, despite the court’s error, the February 14 order is an appealable final judgment and that any problem of procedure was removed by the Attorney General’s subsequent preclearance of the county’s plan.
We cannot accept the appellants’ characterization of the February 14 order and the procedural posture of this case on appeal. In McDaniel v. Sanchez,
As we construe the congressional mandate, it requires that whenever a covered jurisdiction submits a proposal reflecting the policy choices of the elected representatives of the people — no matter what constraints have limited the choices available to them — the preclearance requirement of the Voting Rights Act is applica*1234 ble. It was, therefore, error for the District Court to act on the county’s proposed plan before it had been submitted to the Attorney General or the United States District Court for the District of Columbia for preclearance.15
Moreover, even prior to the Sanchez opinion, the Court had indicated that a legislative plan adopted in response to a federal court’s invalidation of a prior plan, would “not be considered ‘effective as law’ ... until it has been submitted and received clearance under § 5.”
The district court, therefore, could not properly have entered a final judgment on the validity of the plan prior to preclearance by the Attorney General and should not have acted prior to that time. The error of the court’s action, however, does not invest its order with the finality requisite for its appeal, for the court retained jurisdiction, directed that the plan be submitted for preclearance, and neither denied or granted the relief requested. Notwithstanding the appellants’ characterization of the face of the February 14 order, had the Attorney General disapproved the plan, the district court would have had the power to revise its opinion prior to the issuance of its final judgment. Even if the court had made no change, the proper appeal in this case would lie from the court’s final judgment after preclearance.
In other difficult cases, we have given a “practical rather than a technical construction” to the finality requirement
Construing the district court’s February 14 order as a declaratory judgment
Had respondents sought only a declaratory judgment, we would of course have a different case. But even if we accept respondents’ contention that the District Court’s order was a declaratory judgment on the issue of liability, it nonetheless left unresolved respondents’ requests for an injunction ... and for attorneys’ fees. It finally disposed of none of respondents’ prayers for relief.24
We find Liberty Mutual especially instructive because the district court retained jurisdiction and instructed that the plan be submitted to the Attorney General for preclearance. Such an order is simply not final on its face or in its terms. As we stated in Freeman v. Califano,
The appellants also contend that the February 14 order is appealable, pursuant to 28 U.S.C. § 1292(a)(1), on the basis that it denied their request for injunctive relief. On its face, the district court’s order neither granted nor denied injunctive relief. In fact, the district court took no action on the requested relief until it issued its judgment of June 12 and its amended judgment of June 29. Nonetheless, the appellants assert that, because the district court did not immediately implement a nondiscriminatory plan and order new elections as they had requested in their complaint and because it approved a plan unacceptable to them, the February 14 order in effect denied them injunctive relief.
The district court could not properly have granted or denied the appellants’ requested relief prior to preclearance by the Attorney General.
Finally, the appellants do not contest the appellees’ claim that the February 14 order is not a collateral order appealable under the doctrine of Cohen v. Beneficial Indus
The appellants complain of the costs that they have incurred in pursuing this appeal and of the lateness of the appellee’s motion to dismiss the appeal. “To the extent that [the appellants] found themselves in a dilemma, however, it was largely of their own making.”
The waste and delay entailed in detailed consideration of whether appellate jurisdiction lies has evoked both repeated criticism and exhortation for legislative reconsideration. Professor Maurice Rosenberg has said, “The ... situation is an unacceptable morass ... a kind of crazy quilt of legislation and judicial decisions.”
For these reasons, the appeal is DISMISSED.
. 42 U.S.C. § 1973 (1982).
. 42 U.S.C. §§ 1981, 1983; U.S. Const, amends. XIII, XIV, XV.
. Lucas v. Bolivar County, 567 F.Supp. 433 (N.D. Miss. 1983); see 42 U.S.C. § 1973c (1982).
. 452 U.S. 130, 101 S.Ct. 2224, 68 L.Ed.2d 724 (1981).
. 42 U.S.C. 1973c (1982).
. Fed.RXiv.P. 59(e).
. From which an appeal might be taken under 28 U.S.C. § 1291.
. From which an appeal might be taken under 28 U.S.C. § 1292(a)(1).
. From which an appeal might be taken under Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 546-67, 69 S.Ct. 1221, 1225-56, 93 L.Ed.2d 1528, 1536-37 (1949).
. C. Wright, Law of Federal Courts § 7, at 22 (4th ed. 1983).
. 28 U.S.C. § 1291.
. 28 U.S.C. § 1292. The Supreme Court has also determined that certain collateral orders are appealable. See Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 546-47, 69 S.Ct. 1221, 1225-26, 93 L.Ed.2d 1528, 1536-37 (1949).
. Coopers & Lybrand v. Livesay, 437 U.S. 463, 467, 98 S.Ct. 2454, 2457, 57 L.Ed.2d 351, 357 (1978) (quoting Catlin v. United States, 324 U.S. 229, 233, 65 S.Ct. 631, 633, 89 L.Ed. 911, 916 (1945)).
. 452 U.S. 130, 101 S.Ct. 2224, 68 L.Ed.2d 724 (1981).
. Id. at 153, 101 S.Ct. at 2238, 68 L.Ed.2d at 741-742; see also Hathorn v. Lovorn, 457 U.S. 255, 266 n. 18, 102 S.Ct. 2421, 2428 n. 18, 72 L.Ed.2d 824, 835 n. 18 (1982); Cook v. Luckett, 735 F.2d 912, 922 (5th Cir. 1984); State of Mississippi v. Smith, 541 F.Supp. 1329 (D.D.C. 1982) (court lacks jurisdiction to consider constitutionality of the plan before it has been pre-cleared pursuant to section 5).
. Wise v. Lipscomb, 437 U.S. 535, 542, 98 S.Ct. 2493, 2498, 57 L.Ed.2d 411 (1978).
. See, e.g., United States v. Mississippi Power & Light Co., 638 F.2d 899, 903 (5th Cir.) (quoting Gillespie v. United States Steel Corp., 379 U.S. 148, 152, 85 S.Ct. 308, 311, 13 L.Ed.2d 199, 203 (1964)), cert. denied, 454 U.S. 892, 102 S.Ct. 387, 70 L.Ed.2d 206 (1981); Freeman v. Califano, 574 F.2d 264, 267 (5th Cir. 1978); Jetco Elec. Indus., Inc. v. Gardiner, 473 F.2d 1228, 1231 (5th Cir. 1973).
. 9 J. Moore, B. Ward, & J. Lucas, Moore's Federal Practice jf 110.08[lJ, at 118 (1983) (quoting City of Louisa v. Levi, 140 F.2d 512, 514 (6th Cir. 1944)) (footnotes omitted).
. Cf. NAACP v. Hampton County Election Comm’n, — U.S. -, -, 105 S.Ct. 1128, 1134, 84 L.Ed.2d 124, 132 (1985) (change in scheduling of elections "cannot fairly be characterized as ‘ministerial’ in light of the sweeping objectives of the Act.’’).
. 9 J. Moore, B. Ward, & J. Lucas, Moore’s Federal Practice If 110.11, at 137-38 (1983).
. United States v. Mississippi Power & Light Co., 638 F.2d 899, 903 (5th Cir.), cert. denied, 454 U.S. 892, 102 S.Ct. 387, 70 L.Ed.P.d 206 (1981).
. Freeman v. Califano, 574 F.2d 264, 267 (5th Cir. 1978).
. 424 U.S. 737, 96 S.Ct. 1202, 47 L.Ed.2d 435 (1976).
. Id. at 742, 96 S.Ct. at 1206, 47 L.Ed.2d at 440 (emphasis in original).
. 574 F.2d 264 (5th Cir. 1978).
. Id. at 267.
. See Sanchez, 452 U.S. at 153, 101 S.Ct. at 2238, 68 L.Ed.2d at 741; see also supra note 15 and accompanying text.
. Martinez v. Mathews, 544 F.2d 1233, 1236 (5th Cir. 1976); see also McCoy v. Louisiana State Bd. of Educ., 345 F.2d 720, 721 (5th Cir. 1965).
. 7B J. Moore, M. Waxner, H. Fink, D. Epstein & G. Grotheer, Jr., Moore's Federal Practice ch. 83, at JC-422 (1984).
. Gunn v. University Comm. to End the War in Viet Nam, 399 U.S. 383, 387, 90 S.Ct. 2013, 2016, 26 L.Ed.2d 684, 687 (1970) (holding, in circumstances similar to the present case, that the Supreme Court had no jurisdiction to hear a direct appeal under 28 U.S.C. § 1253, which requires an order granting or denying an injunction).
. C. Wright, The Law of Federal Courts § 102, at 709 (4th ed. 1983).
. 337 U.S. 541, 546-47, 69 S.Ct. 1221, 1225-26, 93 L.Ed.2d 1528, 1536-37 (1949).
. See Coopers & Lybrand v. Livesay, 437 U.S. 463, 468, 98 S.Ct. 2454, 2458, 57 L.Ed.2d 351, 358-59 (1978); Moses H. Cone Memorial Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 11, 103 S.Ct. 927, 935, 74 L.Ed.2d 765, 777 (1983): Gibbs v. Paluk, 742 F.2d 181, 183 (5th Cir. 1984).
. NAACP v. Hampton County Election Comm’n, — U.S. —, —, 105 S.Ct. 1128, 1136, 84 L.Ed.2d 124, 135 (1985).
. Rosenberg, Solving the Federal Finality-Appealability Problem, 47 Law & Contemp.Probs. 171, 172 (1984).
. Carrington, Toward a Federal Civil Interlocutory Appeals Act, 47 Law & Contemp. Probs. 165, 166 (1984).
. See Rosenberg, supra note 35, at 172, 177.
Reference
- Full Case Name
- Earl LUCAS, Ira M. Gray, Ora Martin Butler and Arthur Holmes, Jr., on behalf of themselves and all others similarly situated v. BOLIVAR COUNTY, MISSISSIPPI
- Cited By
- 3 cases
- Status
- Published