Case 3:14-cv-00069-JJB-EWD Document 284 06/08/17 Page 1 of 151 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF LOUISIANA TERREBONNE BRANCH NAACP, et al ., Plaintiffs , v. Civil Action. No. 3:14 - cv - 69 - JJB - EWD PIYUSH (“BOBBY”) JINDAL, the GOVERNOR of the STATE OF LOUISIANA, in his official capacity, et al ., Defendants . PLAINTIFFS’ POST - TRIAL PROPOSED FINDINGS OF FACT & CONCLUSIONS OF LAW 1. Plaintiffs challenge Louisiana’s use of at - large voting for the 32nd Judicial District Court (“32nd JDC”), a state court that exercises jurisdiction over Terrebonne Parish (“Terrebonne”) , because it dilutes Black voting strength in violation of Section 2 of the Voting Rights Act of 1965 (“Section 2”) , 52 U.S.C. § 10301, and the Fourteenth and Fifteenth Amendments to the U.S. Constitution (“Fourteenth and Fifteenth Amendments”) . A bench trial was held on March 13 - 20 and April 26 - 28, 2017. The Court, having considered all testimony, evidence, and arguments presented by the parties, hereby enters the following findings of fact and conclusions of law pursuant to Federal Rule of Civil Procedure 52(a) . 1 FINDINGS OF FACT BACKGROUND 2. Plaintiff Terrebonne Branch NAACP (“Terrebonne NAACP”) is a nonprofit, nonpartisan, 1 To the extent that any finding of fact constitutes a conclusion of law, the Court adopts it as such, and to the extent that any conclusion of law constitutes a finding of fact, the Court adopts it as such. The Court is mindful that “the resolution of a vot [e] dilution claim requires [a] close analysis of unusually complex factual patterns, and . district courts [must] explain with particularity their reasoning and the subsidiary factual conclusions underlying their reasoning.” Westwego Citizens for Bet ter Gov’t v. City of Westwego , 872 F.2d 1201, 1203 (5th Cir.1989). Unless otherwise noted, the stipulations are identified in the Second Amended Joint PTO. Doc. 236 at 12 - 14. Plaintiffs’ Exhibits are identified as P1, P2, and so forth. Defendants’ Exhibit s are identified as D1, D2, and so forth. 1 Case 3:14-cv-00069-JJB-EWD Document 284 06/08/17 Page 2 of 151 interracial civil rights organization founded in 1984 . Stip. No. 1 ; 3/13/17 Tr. at 47:20 - 22 , 50:12 - 17 . It maintains an office in Houma and has approximately 300 - 400 members who reside in vario us parts of the parish, including Houma, Gray, and Schriever. 3/13/17 Tr. at 36:21 - 37:11 , 50:9 - 11 ; 3/14/17 Tr. at 10:18 - 20. Terrebonne NAACP seeks to eliminate racial discrimination in the parish . 3/13/17 Tr. at 48:9 - 13 . Jerome Boykin has been a member and President of Terrebonne NAACP since 199 7 and, in that capacity, is the spokesperson of the organization , oversees its operation s , and chairs all meetings . 3/13/17 Tr. at 36:13 - 20, 47:17 - 19, 47:2 3 - 48:6 . Terrebonne NAACP’s advocacy for a majority - Black subdistrict for the 32nd JDC has spanned 2 0 years and six different pieces of legislation and has involved legislators, judges, parish officials, and others . 3/13/17 Tr. at 69:6 - 25 , 75:12 - 24 . Terrebonne NAAC P has expended financial and other resources in this advocacy . P142; P143; P144; P145 ; 3/13/17 Tr. at 80:22 - 84:25 . 2 3. Each individual Plaintiff, Rev. Vincent Fusilier, Lionel Myers, Daniel Turner, and Wendell 2 Since 1997, Terrebonne NAACP has advocated for a majority - Black subdistrict for the 32nd JDC. 3/13/17 Tr. at 62:25 - 64:2. In 1997, after learning about House Bill (“H.B.”) 1399, a bill to create a sixth 32nd JDC j udgeship elected at - large, Mr. Boykin traveled to Baton Rouge with Anthony Lewis and Kevin Thompson, two Black attorneys in Terrebonne, to urge Rep. Hunt Downer, then - Speaker of the Louisiana House of Representatives, to create a majority - Black subdistrict . Id. at 63:9 - 65:15, 67:12 - 15; see also infra (facts relating to H.B. 1399 of 1997). In 1998, Mr. Boykin spoke to Sen. John Siracusa, who sponsored Senate Bill (“S.B.”) 166, a bill to create a sixth 32nd JDC judgeship elected at - large, to oppose the bill and advocate for a majority - Black subdistrict. Id. at 67:16 - 68:1, 68:6 - 69:4; see also infra (facts relating to S.B. 166 of 1998). Between 1999 and 2001, Mr. Boykin also engaged in advocacy with Sen. Michael Robichaux, Sen. Butch Gautreaux, and Rep. Carla Dartez, each of whom agreed to sponsor a bill t o create a majority - Black subdistrict for the 32nd JDC. 3/13/17 Tr. at 69:6 - 25; see also infra (facts relating to S.B. 1052 of 1999, S.B. 968 of 2001, and H.B. 1723 of 2001). In 2003 and 2004, after Judge Timothy C. Ellender of the 32nd JDC appeared in pub lic at the 1921 Seafood Restaurant in blackface, an afro wig, a prison jumpsuit, and handcuffs for a Halloween party, with his wife dressed as a correctional officer, Terrebonne NAACP filed a complaint against Judge Ellender with the Judiciary Commission o f Louisiana, and Mr. Boykin testified before that commission in connection with the complaint. 3/13/17 Tr. at 59:9 - 60:17; see also infra note __. In 2010 and 2011, Mr. Boykin engaged in advocacy with Reps. Joe Harrison, Dalton Honoré , and Damon Baldone, pa rish officials, and local media to create a majority - Black subdistrict for the 32nd JDC. 3/13/17 Tr. at 70:1 - 73:22; see also infra (facts relating to H.B. 582 of 2011). In 2011, Mr. Boykin testified in the Legislature in support of H.B. 582 of 2011, co - spo nsored by Reps. Honoré and Baldone, to create a majority - Black subdistrict f or the 32nd JDC. D19 - A at 42:20 to 46:16; 3/13/17 Tr. at 73:23 - 74:17, 115:8 - 15, 116:4 - 10. In mid - June 2011, following the failure of H.B. 582, and having exhausted all legislative avenues for relief, Terrebonne NAACP began to publicize its intent, including in the local media, to file a lawsuit to challenge at - large voting for the 32nd JDC. P66; 3/13/17 Tr. at 75:25 - 77:25. 2 Case 3:14-cv-00069-JJB-EWD Document 284 06/08/17 Page 3 of 151 Desmond Shelby, Jr., is a Black registered voter and resident of Terrebonne. 3 Stip. No s . 2 - 5 ; 3/14/17 Tr. at 7:3 - 4, 13:24 - 14:3 (Rev. Fusilier); D47 at 20:20 - 21:9, 31:19 - 32:1 (Mr. Myers); 3/14/17 Tr. at 182:2 - 6, 185:17 - 186:1 (Mr. Turner); 3/17/17 Tr. at 58:9 - 10, 75:17 - 76:15 (Mr. Shelby) . At - large voting denies each individual Plaintiff of the equal opp ortunity to elect his candidate of choice to the 32nd JDC. 3/14/17 Tr. at 14:24 - 17:3, 17:20 - 22, 18:15 - 19:24 (Rev. Fusilier) ; D47 at 20:20 - 21:9, 31:11 - 32:1 (Mr. Myers); 3/14/17 Tr. at 186:5 - 20, 188:25 - 190:7, 191:19 - 192:6 , 192:15 - 193:12, 199:16 - 22, 200:1 - 6 (Mr. Turner); 3/17/17 Tr. at 76:25 - 78:13, 79:15 - 81:25, 83:14 - 84:1, 85:17 - 86:19 (Mr. Shelby); see also infra . All individual Plaintiffs reside in District 1 of Plaintiffs’ Illustrative Plan — an area that could constitute a single - member district (“ SMD ”) containing a majority - Black voting - age population (“VAP”). D47 at 35:20 - 36:21; 3/13/17 Tr. at 106:7 - 21; 3/14/17 Tr. at 22:20 - 25, 110:7 - 14; see also infra . 3 Rev. Fusilier was born in 1957 in Lafayette and has lived in Terrebonne for about 50 years. 3/14/17 Tr. at 6:24 - 7:2, 7:5 - 8. He joined the ministry more than 20 years ago and has been a pastor in Houma for at least 15 years. Id. at 7:9 - 18, 8:3 - 5, 8:8 - 14. He has been a member of Terrebonne NAACP and the Southern Ch ristian Leadership Conference (“SCLC”). Id. at 9:22 - 10:17. Mr. Myers was born in 1939 and grew up in Port Allen. D47 at 7:17 - 18, 8:19 - 9:6. After high school, he enrolled in Southern University, served in the U.S. Army as a military police officer, and aft er being honorably discharged, completed his bachelor’s degree at Southern. Id. at 9:1 - 11:22. In 1976, Mr. Myers joined the Louisiana State Police and moved to Terrebonne, where he has resided ever since. Id. at 5:22 - 6:2, 11:23 - 12:7, 16:11 - 25. Mr. Myers re tired from the State Police in 2000, after serving for nearly 25 years, due to his age. Id. at 13:12 - 17, 14:11 - 16. He has been a member of Terrebonne NAACP and its Executive Committee. Id. at 19:22 - 20:19, 30:5 - 9, 58:12 - 21. Mr. Turner was born in New Orlea ns and grew up in Houma. 3/14/17 Tr. at 181:14 - 182:1, 184:20 - 185:16. He worked for the Houma Fire Department from 1968 to 2001. Id. at 182:13 - 183:15. He is the first Black professional firefighter and Assistant Fire Chief in Terrebonne and served as Acting Fire Chief on three occasions.