IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION

Similar documents
Case 1:10-cv LG-RHW Document 220 Filed 07/25/13 Page 1 of 12

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT NO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH DAKOTA CENTRAL DIVISION

STATE OF MISSISSIPPI. Consolidated Supplemental Letter Brief

Case 5:11-cv OLG-JES-XR Document 95 Filed 08/01/11 Page 1 of 11

Case 1:17-cv LJA Document 1 Filed 06/14/17 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ALBANY DIVISION

Case 5:11-cv Document 1 Filed 06/17/11 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

Case 3:18-cv CWR-FKB Document 9 Filed 07/25/18 Page 1 of 11

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON. No.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

Case 1:14-cv LG-JMR Document 7 Filed 04/14/14 Page 1 of 9

Case 1:10-cv LG-RHW Document 224 Filed 07/26/13 Page 1 of 11

Case 5:12-cv KHV-JWL- Document 53 Filed 05/21/12 Page 1 of 19 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION

Case 1:10-cv LG-RHW Document 143 Filed 05/16/11 Page 1 of 19

Case 4:11-cv Document 1 Filed 02/10/11 Page 1 of 13 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS SHERMAN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA GREAT FALLS DIVISION CONSENT DECREE

Case 5:11-cv OLG-JES-XR Document 68 Filed 07/25/11 Page 1 of 17

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN

Case 1:12-cv RMC Document 1 Filed 09/20/12 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 3:12-cv DPJ-FKB Document 10 Filed 06/28/12 Page 1 of 10

Case 4:15-cv MW-CAS Document 1 Filed 03/09/15 Page 1 of 11

Case 4:18-cv KGB-DB-BSM Document 36 Filed 06/01/18 Page 1 of 14

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Case 1:17-cv SS Document 1 Filed 12/15/17 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION

Case 1:14-cv JRH-BKE Document 17-1 Filed 04/30/14 Page 1 of 14

Case 5:11-cv OLG-JES-XR Document 29 Filed 07/12/11 Page 1 of 11

Case 1:03-cv CAP Document 1 Filed 03/13/2003 Page 1 of 125

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

Case 1:15-cv Document 1 Filed 07/01/15 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 3:18-cv CWR-FKB Document 19 Filed 09/04/18 Page 1 of 10

Case 3:14-cv HTW-LRA Document 1 Filed 09/23/14 Page 1 of 17 IN THE UNITED STATES DISTRICT COURT * * * * * * * * * * * * *

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION CASE NO.: CV-T-26-MAP

Case 5:11-cv OLG-JES-XR Document Filed 08/22/13 Page 1 of 17 EXHIBIT 1

Case 2:68-cv MHT-CSC Document 759 Filed 09/09/2005 Page 1 of 6

Dupreme ourt of i lniteb Dtatee

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT NO B VICTOR DIMAIO, Plaintiff-Appellant,

Case 2:12-cv RJS Document 75 Filed 12/28/12 Page 1 of 12

REPLY OF APPELLANT, DIMP POWELL

Case 1:18-cv LG-RHW Document 17 Filed 06/19/18 Page 1 of 8

Case 4:18-cv KGB Document 26 Filed 04/09/18 Page 1 of 5

IN THE SUPREME COURT OF MISSISSIPPI No TS CURTIS RAY MCCARTY, JR. RESPONSE IN OPPOSITION TO PETITION FOR CERTIORARI

Submitted by: ASSEMBLY MEMBERS HALL, TRAIN!

Case 5:11-cv OLG-JES-XR Document 1319 Filed 10/14/15 Page 1 of 10

Case 5:11-cv OLG-JES-XR Document 1517 Filed 07/31/17 Page 1 of 9 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

2:14-cv LPZ-RSW Doc # 21 Filed 05/08/14 Pg 1 of 10 Pg ID 235 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Adams, in her Official capacity as Chairman of the Moore BOE, Carolyn M. McDermott, in her Official capacity as Secretary of the Moore BOE; William R.

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA CIVIL DIVISION

IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Case 1:14-cv APM Document 24 Filed 03/10/16 Page 1 of 10 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) ) ) )

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Case 3:12-cv HTW-LRA Document 39 Filed 07/05/12 Page 1 of 5

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT NO D VICTOR DIMAIO, Plaintiff-Appellant, DEMOCRATIC NATIONAL COMMITTEE

Case 4:05-cv TSL-LRA Document 224 Filed 08/13/2007 Page 1 of 12

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION. CIVIL ACTION NO. 1:08cv600-HSO-LRA

MARGARET DICKSON, et al., ) Plaintiffs ) ) v. ) 11 CVS ) ROBERT RUCHO, et al., ) Defendants )

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS

Case 1:15-cv MEH Document 4 Filed 04/02/15 USDC Colorado Page 1 of 6 AMENDED COMPLAINT

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA CASE NO.: 1. BREACH OF IMPLIED CONTRACT 2. TRESPASS TO CHATTEL

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO KM-1129-COA STATE OF MISSISSIPPI BRIEF FOR THE APPELLEE

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MISSOURI CENTRAL DIVISION

IN THE CIRCUIT COURT OF TUNICA COUNTY, MISSISSIPPI TUNICA COUNTY, MISSISSIPPI PLAINTIFF VS. CIVIL ACTON NO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND

IN THE UNITED STATES DISTRICT COURT FOR NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

3:18-cv JMC Date Filed 05/22/18 Entry Number 1 Page 1 of 8 UNITED STATES DISTRICT COURT IN THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION

IN THE SUPREME COURT OF MISSISSIPPI No TS CURTIS RAY MCCARTY, JR. RESPONSE IN OPPOSITION TO MOTION FOR REHEARING

Case 3:17-cv DJH Document 3 Filed 02/06/17 Page 1 of 10 PageID #: 13

Case 1:17-cv MBH Document 4 Filed 09/06/17 Page 1 of 10. v. Case No.: 1:17-cv MBH FIRST AMENDED CLASS ACTION COMPLAINT

Case 3:16-cv CWR-FKB Document 79 Filed 01/06/17 Page 1 of 4

Case 3:18-mc HTW-LRA Document 1 Filed 05/21/18 Page 1 of 5

Case 3:18-cv DMS-MDD Document 256 Filed 10/09/18 PageID.4031 Page 1 of 6

FILED: NEW YORK COUNTY CLERK 08/08/ :26 PM INDEX NO /2015 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 08/08/2016

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA. TOM SCHEDLER, in his official capacity as The Secretary of State of Louisiana, COMPLAINT

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA Charlottesville Division : : : : : : : : : : :

IN THE UNITED STATES DISTRICT COURT FOR MARYLAND GREENBELT DIVISION

Case 4:16-cv MW-CAS Document 26 Filed 10/11/16 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA

Redistricting & the Quantitative Anatomy of a Section 2 Voting Rights Case

Case 2:10-cv GCS-RSW Document 1 Filed 03/23/2010 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION. THOMAS C. and PAMELA McINTOSH

Case 3:16-cv CWR-LRA Document 25 Filed 08/08/16 Page 1 of 9

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division : : : : : : : : : : : : : : : VERIFIED COMPLAINT

ESSB H COMM AMD By Committee on State Government, Elections & Information Technology

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Case 6:18-cv FPG Document 1 Filed 04/17/18 Page 1 of 9

Case3:13-cv NC Document1 Filed12/09/13 Page1 of 18

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO: 2015-CA COA VICTOR BYAS AND MARY BYAS CERTIFICATE OF INTERESTED PARTIES

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA Civil Action No. 1:16-cv-1274-LCB-JLW

Case: 1:06-cv JRA Doc #: 28 Filed: 05/08/09 1 of 9. PageID #: 220

IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA

IN THE UNITED STATES DISTRICT CQJI.,T. FOR THE MIDDLE DISTRICT OF ALAAM* U C I NORTHERN DIVISION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA * CIVIL ACTION * * NO. * IN RE SEARCH AND SEIZURE * JUDGE * * MAGISTRATE COMPLAINT

Case 4:16-cv Y Document 52 Filed 02/07/17 Page 1 of 5 PageID 678

Transcription:

Case 3:11-cv-00121-LG 1:10-cv-00564-LG-RHW -RHW Document 168-1 21-1 Filed 11/14/12 11/05/12 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION HANCOCK COUNTY BOARD OF SUPERVISORS V. NO. 1:10CV564 LG-RHW RUHR (CONSOLIDATED WITH) NAACP, et al. V. NO. 3:11CV121 HTW-LRA COPIAH COUNTY BOARD OF SUPERVISORS SECOND AMENDED COMPLAINT JURISDICTION 1. This is an action for declaratory and injunctive relief for violation of rights secured to plaintiffs by e United States Constitution. The federal question jurisdiction of is Court is invoked pursuant to e 14 amendment to e United States Constitution, 28 U. S. C. 1331, 1343, 2201, and 2202. VENUE 2. The venue for is action is in e Souern Division of e United States District Court for e Souern District of Mississippi because e defendants reside wiin is venue. PARTIES 3. Plaintiff, e Hazlehurst, Mississippi Branch of e NAACP ( National Association for e Advancement of Colored People ) is a civil rights organization whose membership consists primarily of African American citizens and many registered voters roughout Copiah County, 1

Case 3:11-cv-00121-LG 1:10-cv-00564-LG-RHW -RHW Document 168-1 21-1 Filed 11/14/12 11/05/12 Page 2 of 10 Mississippi, including Supervisor Districts 1, 2, 3, 4, and 5 in Copiah County, Mississippi. 4. Plaintiff, Nanette Thurmond-Smi, is a registered African-American voter in Supervisor District 3 in Copiah County, Mississippi. 5. Plaintiff, Pamela Jefferson, is a registered African-American voter in Supervisor District 5 in Copiah County, Mississippi. 6. Plaintiff, Robert Catchings, is a registered African-American voter in Supervisor District 2 in Copiah County, Mississippi. 7. Plaintiffs bring is action individually and, pursuant to Fed. R. Civ. P. 23(a), (b)(2), and (c), on behalf of emselves and all oers similarly situated as a class action wi e class defined as all African-American citizens and voters in Copiah County, Mississippi. 8. Wi respect to e class, (a) e class is so numerous at joinder of all members is impracticable, (b) ere are questions of law and fact common to e class, e claims of e representative parties are typical of e claims of e class, (d) e representative parties will fairly and adequately protect e interests of e class, and (e) e parties opposing e class have acted and refused to act on grounds generally applicable to e class, ereby making appropriate final injunctive and declaratory relief wi respect to e class as a whole. 9. Defendant, e Copiah County, Mississippi Board of Supervisors, is a local governmental body of e State of Mississippi responsible for conducting primary, special, and general elections for e office of supervisor, constable, and justice court judge for Copiah County, Mississippi. This defendant may be served wi e process of is Court by serving e Chancery Clerk, Steve Amos, whose address is Post Office Box 507, Hazlehurst, Mississippi 39083. 10. Defendant, e Copiah County, Mississippi Democratic Executive Committee 2

Case 3:11-cv-00121-LG 1:10-cv-00564-LG-RHW -RHW Document 168-1 21-1 Filed 11/14/12 11/05/12 Page 3 of 10 ( CCDEC ), is a political party and quasi-governmental entity responsible for conducting primary elections for e Democratic Party in Copiah County, Mississippi. This defendant may be served wi e process of is Court by serving its Chairperson, Victor Dixon, whose address is Hazlehurst, Mississippi 39077. 11. Defendant, e Copiah County, Mississippi Republican Executive Committee ( CCREC ), is a political party and quasi-governmental entity responsible for conducting primary elections for e Republican Party in Copiah County, Mississippi. This defendant may be served wi e process of is Court by serving its Chairperson, Don Taylor, whose address is Crystal Springs, Mississippi 39059. 12. Defendant, e Copiah County, Mississippi Board of Election Commissioners, is a local governmental body of e State of Mississippi responsible for conducting special and general elections for e office of supervisor, constable, and justice court judge for Copiah County, Mississippi. This defendant may be served wi e process of is Court by serving its Chairperson, Caerine Jackson, whose address is Crystal Springs, Mississippi 39059. 13. Defendant, Edna C. Stevens, is a local governmental official and Circuit Clerk for Copiah County, Mississippi who, pursuant to 23-15-299, Miss. Code Ann. (1972), is responsible for conducting elections for supervisor, justice court judge, and constable for Copiah County, Mississippi. This defendant s address is Hazlehurst, Mississippi 39083. FACTS 14. The population for Copiah County, Mississippi according to e 2010 federal decennial census is 29,449 persons of whom 14,983 (or 50.87%) are African-American. 15. Copiah County, Mississippi is governed by a five (5) member board of supervisors 3

Case 3:11-cv-00121-LG 1:10-cv-00564-LG-RHW -RHW Document 168-1 21-1 Filed 11/14/12 11/05/12 Page 4 of 10 elected from single member districts. 16. Members of e Copiah County, Mississippi Board of Supervisors are elected by popular vote to four year terms of office. 17. The terms of office for current members of e Copiah County, Mississippi Board of Supervisors expire December 31, 2015. 18. Political party primary nomination elections for e current term of office for members of e Copiah County, Mississippi Board of Supervisors were held on Tuesday, August 2, 2011. 19. The qualification deadline for candidates for supervisor was March 1, 2011. 20. A majority vote is required for political party nomination elections in Mississippi. 21. Political party second primary nomination or run-off elections for e current term of office for members of e Copiah County, Mississippi Board of Supervisors were held on Tuesday, August 23, 2011. 22. A general election was held on Tuesday, November 8, 2011. 23. The ideal population for each supervisor district for Copiah County, Mississippi is 5,890 persons according to e 2010 federal decennial census. 24. The total population for each supervisor district, e black population for each supervisor district, and e percentage of black population for each supervisor district in Copiah County, Mississippi according to e 2010 federal decennial census is as follows: Supervisor District Total Population Black Population Black Pop. % 1 5,658 3,582 63.31% 2 7,165 2,019 28.18% 4

Case 3:11-cv-00121-LG 1:10-cv-00564-LG-RHW -RHW Document 168-1 21-1 Filed 11/14/12 11/05/12 Page 5 of 10 3 5,811 3,669 63.14% 4 4,788 3,291 68.73% 5 6,027 2,422 40.19% 25. The supervisor districts for Copiah County, Mississippi have a total population variance of 2,377 persons according to e 2010 federal decennial census wi a maximum deviation percentage of 40.36%. 26. The Hazlehurst, Mississippi Branch of e NAACP, is a civil rights organization whose members include and which represents citizens and registered voters Supervisor Districts 2 and 5 which are overpopulated and under represented, and e plaintiff is aggrieved by at under representation. 27. Plaintiff, Nanette Thurmond-Smi, is a citizen and voter in Supervisor District 3, which is a black majority district, and plaintiff, Nanette Thurmond Smi, does not want e black voting streng in Copiah County, Mississippi diluted. 28. Plaintiffs, Pamela Jefferson and Robert Catchings, are citizens and voters in Supervisor District 5 and 2, respectively, which are over populated and under represented, and ey are aggrieved by at under representation. 29. Copiah County, Mississippi is a jurisdiction covered by e preclearance requirements of 5 of e Voting Rights Act of 1975, as amended and extended, 42 U. S. C. 1973c, at has a long and official history of racial discrimination against African-American citizens and voters at has affected eir right to register, vote, and participate in e political process. 30. Voting in elections in Copiah County, Mississippi is racially polarized. 31. White bloc voting in Copiah County, Mississippi is statistically significant. 5

Case 3:11-cv-00121-LG 1:10-cv-00564-LG-RHW -RHW Document 168-1 21-1 Filed 11/14/12 11/05/12 Page 6 of 10 32. The Copiah County, Mississippi Board of Supervisors failed to redistrict e county s supervisor districts to comply wi e one-person one-vote principle of e Equal Protection Clause of e 14 amendment to e United States Constitution and obtain preclearance of any new redistricting plan prior to e March 1, 2011 candidate qualification deadline, e August, 2011 political party primary nomination elections, and e November, 2011 general election. 33. The existing apportionment scheme for Copiah County, Mississippi results in discrimination against African-American voters in violation of rights secured to plaintiffs by Section 2 of e Voting Rights Act of 1965, as amended, 42 U. S. C. 1973. 34. The present supervisor districts are grossly malapportioned. 35. The plaintiffs have been aggrieved because e 2011 elections were held under e grossly malapportioned existing apportionment scheme wi e candidates elected being allowed to hold office for a full four-year term under e malapportioned districts. 36. Plaintiffs will continue to be aggrieved if e supervisors elected under e existing apportionment scheme are allowed to hold office for e full four year term of office. Mississippi. 37. African-American voters in Copiah County, Mississippi are politically cohesive in 38. The African-American population in Copiah County, Mississippi is geographically large and insular such at several black majority supervisor districts could be maintained or created. 39. African-American citizens and voters in Copiah County, Mississippi suffer from e lingering effects of gross disparities in socioeconomic factors at adversely affect eir ability to effectively participate in e political process and elect candidates of eir choice to elective office. 40. African-American voters in Copiah County, Mississippi have been denied equal 6

Case 3:11-cv-00121-LG 1:10-cv-00564-LG-RHW -RHW Document 168-1 21-1 Filed 11/14/12 11/05/12 Page 7 of 10 opportunity to participate in e political process and to elect representatives of eir choice under e totality of e circumstances. 41. All of e actions and inactions of e defendants, as mentioned above, have been intentional and deliberate or have resulted in impermissible discrimination against e plaintiffs. 42. As a proximate results of e actions and inactions of e defendants, as mentioned above, e plaintiffs have suffered a violation of eir constitutional and statutory rights. CAUSES OF ACTION COUNT I - 14 AMENDMENT EQUAL PROTECTION ONE PERSON ONE VOTE 43. The existing redistricting plan for Copiah County, Mississippi is unconstitutionally malapportioned and violate rights secured to plaintiffs by e Equal Protection Clause of e 14 Amendment to e United States Constitution and 42 U. S. C. 1983. COUNT II - VOTE DILUTION CLAIM - 2 of e VOTING RIGHTS ACT OF (1965) 44. The existing redistricting plan for Copiah County, Mississippi results in discrimination against African-American voters in violation of rights secured to plaintiffs by Section 2 of e Voting Rights Act of 1965, as amended, 42 U. S. C. 1973. CAUSATION, INJURY, AND REMEDY 45. As a proximate result of e actions and inactions of e defendants, as mentioned above, plaintiffs have suffered a violation of eir federal constitutional rights, and plaintiffs have incurred expenses, attorney fees, and court costs. EQUITABLE RELIEF 46. Plaintiffs request e a declaratory judgment, pursuant to 28 U. S. C. 2201 and 2202, at e defendants have violated rights secured to plaintiffs by e 14 amendment to e 7

Case 3:11-cv-00121-LG 1:10-cv-00564-LG-RHW -RHW Document 168-1 21-1 Filed 11/14/12 11/05/12 Page 8 of 10 United States Constitution and Section 2 of e Voting Rights Act of 1965, as amended, 42 U. S. C. 1973, and plaintiffs requested pre-election injunctive relief and now request post-election injunctive relief of setting aside e 2011 elections and ordering special elections wi shortened terms of office for members of e Board of Supervisors. 47. And, plaintiffs request an award of court costs and attorney fees and litigation expenses pursuant to 42 U. S. C. 1973l(e) and 1988. WHEREFORE, PREMISES CONSIDERED, plaintiffs respectfully request e following legal and equitable relief: a. A declaratory judgment, pursuant to 28 U. S. C. 2201 and 2202, at e present apportionment scheme and e actions and inactions of e defendants violate rights secured to plaintiffs by e 14 amendment to e United States Constitution and Section 2 of e Voting Rights Act of 1965, as amended, 42 U. S. C. 1973; b. A temporary restraining order, preliminary injunction, and/or a permanent injunction enjoining e defendants from conducting elections under e existing redistricting plans for supervisor in Copiah County, Mississippi; c. An Order setting aside e 2011 elections for Supervisor and ordering a special election for Supervisor for Copiah County, Mississippi; d. A temporary restraining order, preliminary injunction, and/or a permanent injunction requiring at any new redistricting plan for supervisors for Copiah County, Mississippi comply wi e 14 and 15 amendments to e United States Constitution, 42 U. S. C. 1983, and 2 and 5 of e Voting Rights Act of 1965, as amended and extended, 42 U. S. C. 1973 and 1973c; 8

Case 3:11-cv-00121-LG 1:10-cv-00564-LG-RHW -RHW Document 168-1 21-1 Filed 11/14/12 11/05/12 Page 9 of 10 e. Award plaintiffs court costs and a reasonable attorney s fee pursuant to 42 U. S. C. 1973l(e), and 1988; and f. Grant plaintiffs general relief. This e 5 day of November, 2012. Respectfully submitted, HAZLEHURST, MISSISSIPPI BRANCH OF THE NAACP, NANETTE THURMOND-SMITH, PAMELA JEFFERSON, and ROBERT CATCHINGS, on behalf of emselves and all oers similarly situated /s/ Carroll Rhodes CARROLL RHODES, ESQ., MSB # 5314 LAW OFFICES OF CARROLL RHODES POST OFFICE BOX 588 HAZLEHURST, MS 39083 TEL.: (601) 894-4323 FAX: (601) 894-1464 e-mail: crhode@bellsou.net DEBORAH MCDONALD, MSB #2384 P.O. BOX 2038 NATCHEZ, MS 39120 TEL.: (601) 445-5577 attorneydmc@bellsou.net Attorneys for Plaintiffs 9

Case 3:11-cv-00121-LG 1:10-cv-00564-LG-RHW -RHW Document 168-1 21-1 Filed 11/14/12 11/05/12 Page 10 of 10 CERTIFICATE OF SERVICE I, CARROLL RHODES, hereby certify at I have is day electronically filed using e Court s ECF filing system a true and correct copy of e above and foregoing Amended Complaint, and e Court has electronically served a copy of e motion upon e following: Justin L. Maeny, Esq. Special Assistant Attorney General Post Office Box 220 Jackson, Mississippi 39205 Elise B. Munn, Esq. Berry & Munn, P. A. Post Office Drawer 768 Hazlehurst, Mississippi 39083 James D. Shannon, Esq. Shannon Law Firm 100 West Gallatin Street Hazlehurst, Mississippi 39083 This e 5 day of November, 2011. /s/ Carroll Rhodes CARROLL RHODES 10