Blacksher, Menefee, and Stein Records

Wiley L. Bolden v. City of Mobile*

Abstract

On July 9, 1975, fourteen black Mobilians filed suit against the City of Mobile and its three commissioners, claiming that the at-large system of electing city officials denied African Americans equal political access. Wiley L. Bolden was the lead plaintiff in the case. The plaintiffs argued that the system violated the First, Thirteenth, Fourteenth, and Fifteenth Amendments to the Constitution, and Section 2 of the Voting Rights Act of 1965. One year later, the District Court judge ruled that Mobile's at-large elections did violate the Fourteenth and Fifteenth Amendments, and they ordered the city to replace that system with single member district voting.

The city appealed the decision, claiming that since African Americans had been disfranchised by the Alabama Constitution of 1901 the city's system of elections had not been racially motivated. When the Fifth Circuit upheld the District Court ruling, the city took their appeal to the Supreme Court. Arguments took place in March and October 1979. Six months later, the Supreme Court ordered further consideration of the case by the Fifth Circuit. Justice Stewart's majority opinion claimed that the Bolden plaintiffs must prove that city elections were designed to intentionally discriminate against blacks. In December the Fifth Circuit remanded the case back to the District Court.

After plaintiffs were able to prove that motivation for the adoption of at-large voting in Mobile was to disfranchise the black population, the District Court, in April 1982, ruled against the city. The court abolished the commission form of government and ordered the Alabama legislature to enact a redistricting plan. In 1985, the city of Mobile elected Arthur Outlaw as its first mayor under the new mayor/council form of government. It also seated three African-American council members.

Box 1

-Wiley L. Bolden, et al v City of Mobile, et al, After Remand, Vol. 1 Plaintiff's Trial Exhibits from May 1981

-Bolden v City of Mobile, After Remand, Defendant's Trial Exhibits from May 1981

-Bolden v City of Mobile, Blacksher's and Menefee's Notes During Litigation

-Boyes v City of Mobile and Wiley L. Bolden

-Yeager's Mobile City Districts, January 1983

-Government Exhibits 118-130

Box 2

-Plaintiff's Plan A (subfile of Bolden)

-Press Register 1884

-Andrew Johnson Papers

-Bolden v City of Mobile, Glen Browder, Defendant's Expert Witness

-Bolden v City of Mobile, No. 75-297-P, Wayne Flynt, Defendant's Expert Witness
1. Deposition of Wayne Flynt, March 21, 1981
2. Deposition of Wayne Flynt, March 24, 1981

-Bolden v City of Mobile, No. 75-297-P, William H. Stewart, Defendant's Expert Witness
1. Deposition of Dr. William Stewart, March 30, 1981
2. Alabama Law Review, Summer 1972

-Bolden v City of Mobile, Jim Voyles, Defendant's Expert Witness
1. Article - "General Politics" by Dr. Voyles
2. Mobile Voter Attitude Survey
3. Article - "New Coalitions in Alabama Voting Patterns: The Friends and Neighbors Phenomenon"
4. Letter from James Voyles to David Bagwell, October 14, 1975
5. Black Percentage of Voter Age Population by Ward - 1970 Census
6. Letter from David Bagwell to Larry Menefee, May 18, 1976
7. Letter from David Bagwell to Larry Menefee, May 19, 1976
8. Notes
9. Article - "The Black Boycott: A New Political Weapon" and various data by James Voyles
10. Weight of State Policy Behind At-Large Elections

-Bolden v City of Mobile, No. 75-297-P, Deposition of Chandler Davidson, March 16, 1981

- Bolden v City of Mobile, No. 75-297-P
1. Deposition of James Voyles, December 9, 1975
2. Deposition of Peyton McCrary, May 12, 1981
3. Deposition of Gary Cooper, July 6, 1976 (See Box #13, Brown v Moore)
4. Deposition of Charles Cottrell, May 28, 1976 and June 30, 1976 (See Box #13, Brown v Moore)
6. Deposition of Douglas Anthony Parker, May 17, 1976
7. Deposition of James Voyles, March 25, 1981
8. Deposition of Cain J. Kennedy, July 2, 1976 (See Box #13, Brown v Moore)
9. Deposition of Cain Kennedy, March 9, 1981
10. Deposition of U. W. Clemon, February 10, 1981
11. Deposition of Leonard C. Wyatt, February 12, 1981
12. Deposition of Jerrell Shofner, March 13, 1981
13. Testimony of Robert S. Edington, July 2, 1976 (See Box #13, Brown v Moore)
14. Deposition of Melton McLaurin, April 20, 1976
15. Deposition of James Voyles, April 12, 1976

-Bolden v City of Mobile, No. 75-297-P
1. Deposition of Sarah Wiggins, May 7, 1981
2. Deposition of John Glen Browder, March 27, 1981
3. Deposition of Robert S. Edington, March 26, 1981

-Bolden v City of Mobile, No. 75-297-P
4. Deposition of J. Morgan Kousser, March 16, 1981
5. Deposition of Peyton McCrary, March 27, 1981
6. Deposition of Peyton McCrary, Vol. 2, April 3, 1981
7. Deposition of Peyton McCrary, Vol. 3, May 12, 1981
8. Deposition of Chandler Davidson, March 16, 1981

Box 3

-Bolden v City of Mobile, 1981 Trial Documents Including Blacksher's Notes During Trial
1. Notes
2. Style of Cause, Plaintiff's Copy, No. 75-297-P
3. Willie Bailey v Roy L. Vining, No. 76-199-MAC, Findings of Fact
4. Conclusions of Law, No. 75-297-P
5. Proposed Findings of Fact and Conclusions of Law of Plaintiffs, No. 75-297-P
6. Proposed Findings of Fact and Conclusions of Law of Defendants, No. 75-297-P
7. Joint Pre-Trial Document, No. 75-297-P
8. Miscellaneous Mobile Register Files
9. Mobile Register Copies, 1867-1869
10. Municipal Office Holders File
11. Mobile Register Copies, 1875
12. Mobile Register Copies, 1876
13. Statute File, No. 75-297-P
14. Official Canvass, Tabulation and Declaration of Results of A Proposed Constitutional Amendments Election, Held in Mobile County, Alabama, September 2, 1980
15. Official Canvass, Tabulation and Declaration of Results of A Democratic Primary Election, Held in Mobile County, Alabama, September 2, 1980

-Bolden v City of Mobile, Defendant's Exhibit #104, Trial May 1981 Federal Court, After Remand

-Bolden v City of Mobile, No. 75-297-P, First Trial Transcript, July 1976

-Bolden v City of Mobile, No. 75-297-P, Joint Pre-Trial Document and Proposed Findings of Fact and Conclusions of Law, 1981 After Remand
1. Supreme Court Opinion, April 22, 1980
2. Proposed Findings of Fact and Conclusions of Law of Plaintiffs
3. Joint Pre-Trial Document

Box 4

-Legislative Bills Introduced by Legislators in Mobile

-Notes, Materials; re: Different Forms of Government, Submitted at Meeting Held in Mobile on 12/?/82

-Nevett v Sides (Related to Bolden Case)
1. Rev. Charles H. Nevett v Lawrence G. Sides, No. 76-2951, Petition for Writ of Certiorari to the U.S. Court of Appeals for Fifth Circuit
2. Nevett v Sides, No. 76-2951, Appellant's Motion for Rehearing, Appeals Court
3. Nevett v Sides, No. 76-2951, Appellant's Petition for Rehearing and Suggestion for Rehearing En Banc, Appeals Court
4. Nevett v Sides, No. 75-2951, Appellant's Post-Argument Supplemental Brief, Appeals Court
5. Nevett v Sides, No. 76-2951, Appellant's Supplemental Brief, Appeals Court
6. Nevett v Sides, No. 75-1864, Plaintiff-Appellee's Motion for Rehearing and Review of District Court Proceedings After Remand, Appeals Court
7. Nevett v Sides, Brief of Appellants, Appeals Court
8. Supreme Court Rulings, No. 77-1844 and 78-357
9. Supreme Court Syllabus, No. 77-1844
10. Supreme Court Ruling, No. 77-1844
11. Supreme Court Rulings, No. 77-1844 and 78-357
12. Booklet - Nevett v Sides, No. 76-2951
13. Nevett v Sides, No. 78-492, Petition for Writ of Certiorari to the U. S. Court of Appeals for Fifth Circuit, Oct. Term 1978

-Bolden Research Materials
1. Alabama Law Review, Vol. 30, Winter 1979, Number 2
2. Letter to David Bagwell From James Voyles, August 12, 1976
3. Mark White v Diana Register, Supreme Court No. 73-1462, Transcript
4. Cross, Denegall and Wilson v Baxter, Klas, Turner, Ball, McCall, Withers, Tumlin, Kelley, Linden, Rhodes; No. 80-7246, Brief of Appellants
5. Memorandum on Voting Discrimination After Washington v Davis, From David Mask to Steve Ralston, February 22, 1977
6. Graham, Neve, One Man, One Vote (1977), pp. 248-75
7. The United States Law Week, March 22, 1977, pp. 4302-12
8. Decision Showing No Rule Against At-Large City Elections or Requiring Proportional Representation of Minorities
9. Median Family Income, Mobile County, 1959 and 1969
10. Federal-State Cooperative Program for Population Estimates
11. Supreme Court Reporter, Vol. 93
12. State Administration Services and Selected Agencies, p. 125
13. Limitations on Governmental Power, Chapter 18, pp. 1404-09
14. Federal Reporter, 2nd Series, Pp. 1213-19
15. Supreme Court Reporter, pp. 1114-33
16. Supreme Court Reports, Vol. 390
17. Various Cases Relating to Avery v Midlan Co.
18. CCR Hearings, Shreveport, Louisiana, June 1979
19. Letter and Notes - Edward Still
20. Document on Commission Form of Government in Mobile
21. Document United Jewish Organizations of Williamburgh, Inc. v. Casey
22. Henry J. Kirksey v City of Jackson, Mississippi, No. 78-3294, Brief for Appellants
23. Attitudes of Jacksonians Toward the Form of City Government
24. Village of Arlington Heights v Metropolitan Housing Dev. Corp., No. 75-616, Supreme Court Booklet
25. Bolden Law File

-City of Rome v United States of America, No. 78-1840 (Related Case to Bolden)

-Charles Pharr (Job Discrimination File)

-Notes

-Melton McLaurin File

-Jack Friend File

Box 5

-Bolden v City of Mobile, Subpoenas

-Cort Schlichting File

-J. L. LeFlore, Personal File, Mobile City Bus Lines Drivers

-Albert Reese, Jr. (Job Discrimination File)

-City of Mobile Transportation File

-Bolden v City of Mobile, Various Transcripts Proceedings
1. Bolden v City of Mobile, No. 75-297-P, Transcript, December 3, 1982
2. Bolden v City of Mobile, No. 75-029-P, Transcript, April 26, 1982 (See Box #13, Brown v Moore)
3. City of Mobile v Bolden, No. 77-1844, Transcript, Supreme Court of the United States, March 19, 1979 (See also Box #16, Williams v Brown, in Brown v Moore)
4. Bolden v City of Mobile, No. 75-297-P, Transcript, U. S. District Court, May 23, 1977 (See Box #13, Brown v Moore)

-Petition - Members - Mobile City Commission File, "Police Dept. Bias," April 7, 1975

-Municipal Airport Case File

-Computer Printout

-Charles L. Cottrell File

-Citizen Participation in Decision-Making Process: A Summary Report

-Creel v Freeman, George H. Hallett Deposition

-Blacksher's Notes, 1976

-Maps

-Bolden Case Exhibits File, First Trial in Federal Court, July 1976

-Bolden v City of Mobile, Possible Exhibits File

-Primary Election Law File

-Journal Articles File

-Blacksher's Notes, 1981

Box 6

-Brown and Bolden Trial Notes File (See Box #13, Brown v Moore)

-Revenue Sharing File

-Ed Still

-City Recreation File - Fiscal Year 1972-73

-Scratch Plan File

-Bolden v City of Mobile File

-Defendant's Performance Data File

-City Community Groups File

-City Streets File

-Memo in Support of Judge Pittman

-Miscellaneous Petitions and Complaints File

-Various Figures File

-Unmarked File Containing Two Papers
1. "Stratification and Power: The Power Structure of Mobile"
2. "The Radical Right in Mobile, 1964"

-Country Committees File

-EEO-4 Country File

-Anderson v Mobile County Commission Reference File

-Change of Government Resolution File, 1963

-City Election Stepwise Showing File, 1965

-City Election Stepwise Showing File, 1969

-Change of Government Resolution File, 1969

-Police Complaint File

-Non-Partisan Voters League File

-Voter Turnout File

-Poll Workers File

-Computer Results File

-School Board File

-Shofner Materials File

-Hendrix v Joseph File

-County Revenue Sharing

-City Committees File

-Brown or Bolden Exhibits(?) (See Box #13, Brown v Moore)

-Freedom of Information Request File

Box 7

-Socio-economic Data

-District Maps File

-Bolden Transcript Notes

-Regional Facilities Plan

-Land Use - South Alabama Regional Planning Commission

-Various Mobile City and County Maps

Box 8

-Bolden v City of Mobile File, The U.S. Law Week Cite

-Bolden & USA v City of Mobile, No. 75-297-P, Transcript, U.S. District Court, March 14, 1983

-Copy of A Bill to be Entitled: An Act to Provide for a District Commission Form of Government in Any Class 2 Municipality

-Bolden File, Final Opinions and Orders Issued at Different Steps of Litigation
1. Plaintiff's Post-Trial Proposed Findings of Fact and Conclusions of Law, No. 75-297-P
2. Opinion and Order, No. 75-297-P
3. Bolden v City of Mobile, No. 76-4210 and 77-2042
4. Supreme Court Decision, No. 76-4210 and 77-2042
5. Findings of Fact

-Bolden: Plaintiff's Briefs
1. Jurisdictional Statement and Opposition from the Mexican-American Legal Defense Fund
2. City of Mobile v Bolden, No. 77-1844, Motion to Affirm, In the Supreme Court, October 1978
3. City of Mobile v Bolden, No. 77-1844, Supplemental Brief In Support of Motion to Affirm, In the Supreme Court, October 1978
4. City of Mobile v Bolden, No. 77-1844, Supplemental Brief for Appellees, In the Supreme Court, October 1978
5. City of Mobile v Bolden, No. 77-1844, Appendix, Vol. 1, pp. 1-305
6. City of Mobile v Bolden, No. 77-1844, Appendix, Vol. 2, pp. 306-620
7. City of Mobile v Bolden, No. 77-1844, Brief for Appellees, In the Supreme Court, October 1978

-Bolden v City of Mobile, No. 76-4210, Supplemental Brief of Plaintiffs Supporting Motion for Additional Proceedings on Remand in the Court of Appeals for the Fifth Circuit

-Bolden v City of Mobile, No. 75-297-P, Plaintiff's Brief Supporting Motion for Remand Proceedings

-Bolden v City of Mobile, No. 76-4210, Brief of Plaintiffs

-Bolden v City of Mobile, No. 76-4210 and 77-2042, Supplemental Brief

-Dissertation, James Voyles, "An Analysis of Voting Patterns in Mobile, Alabama, 1948-1970"

-Brown and Bolden, Regression Estimates, Post-Trial Evidence

-Draft of Legislative Bills

-City of Mobile Seven District Plan

-City of Mobile - Subtotals - Number of Registered Voters

-Bolden Drafts of Bills and Statutes

-Brown v Mobile County

-School Board - Kennedy and Sonnier Bills

-Expanding Folder
1. Kennedy and Sonnier Bills
2. Severance Tax Law, 1975
3. 1901 Constitutional Convention
4. Mobile Register, 1870-1871
5. Correspondence
6. Bolden Historical Research Notes
7. Miscellaneous
8. Trial Notes for Trial in District Court, Spring 1981

-Brown and Bolden Post-Trial Evidence and Dan Alexander's Political Ad
1. Bolden v City of Mobile, No. 75-297-P, Plaintiff's Opposition to Defendant's Motion In Limine and Motion for Recusal
2. Bolden v City of Mobile, No. 76-4210, Motion for Further Proceedings On Remand

Box 9

-Bolden v City of Mobile, Pleadings Files #1, 2, 3, 4, 5, 6, and 7

Box 10

-Bolden v City of Mobile, Pleadings Files #8, 9, 10, 11, 12, and 13

Box 11

-Bolden: Plaintiff's Plan A

-Bolden: City's Proposed Districts

-Bolden: Plaintiff's Proposed Districts

-Bolden Newspaper Clippings (See also Box #12)

-Bolden Newspaper Clippings, Vol. 2

-Newspaper Clippings - Voting Cases - Bolden

-Newspaper Articles

-Bolden/Brown Newspaper Clippings

-Bolden: Amicus Briefs Filed by Different Parties

-Bolden: Defendant's Briefs
1. Bolden v City of Mobile, No. 77-2693, Brief of City of Mobile, Appeals Court
2. Bolden v City of Mobile, No. 76-4210, Brief of Defendants - Appellants, Appeals Court
3. Bolden v City of Mobile, No. 76-4210 and 77-2042, Supplemental Brief of Defendants - Appellants, Appeals Court
4. Bolden v City of Mobile, No. 76-4210, Reply Brief of Defendants - Appellants
5. Bolden v City of Mobile, No. 76-4210, Brief in Opposition to Plaintiff= s Motion for Further Proceedings on Remand, Appeals Court
6. City of Mobile v Bolden, No. ?, Jurisdictional Statement, Supreme Court, October 1977
7. City of Mobile v Bolden, No. 77-1844, Opposition to Motion to Affirm, Supreme Court, October 1977
8. City of Mobile v Bolden, No. 77-1844, Brief for the Appellants, Supreme Court, October 1978
9. City of Mobile v Bolden, No. 77-1844, Reply Brief for Appellants, In the Supreme Court, October 1978
10. City of Mobile v Bolden, No. 77-1844, Supplemental Brief for the App. on Reargument, Supreme Court, October 1978
11. City of Mobile v Bolden, No. 77-1844, Supreme Court, October 1978, Appendix, Vols. 1 and 2, pp. 1-620

Box 12

-Bolden v City of Mobile, No. 76-4210 and 77-2042, Volume 1 and 2 of Appendix

-Expanding file folder, Bolden and Brown Attorney Fee Issue

-Bolden v City of Mobile, No. 75-297-P, Defendant's Attorney Fees and Expenses

-Bolden v City of Mobile, No. 75-297-P, Plaintiff's Motion for An Away of Attorney Fees and Expenses

-Bolden v City of Mobile, No. ?, Exhibits and Notes

-Bolden v City of Mobile, No. 75-297-P, Order on Attorneys Fees and Expenses 

-Bolden v City of Mobile, Newspaper Clippings (See also Box #11)

-Bolden v City of Mobile, Newspaper Clippings, Vol. 3 (See also Box #11)

See also

Box #15 of Brown v Moore
Testimony
Deposition of James A. Harris
Deposition of Edward Malcolm Friend, III
Appellant's Supplemental Brief, No. 77-2693
Appellant's Reply Brief, No. 77-2693

Box #21 of Brown v Moore
Bolden and Brown Attorney Fee File
Pleadings File #1, 12/8/76 - 6/21/83
Pleadings File #2, 6/22/83 -
Plaintiff's Briefs Only, Bolden No. 77-2693
Docket Sheets (relating to attorney fee issue)
Defendant's Briefs Only, Bolden No. 77-2693