COMPLAINT – 1 UNITED STATES DISTRICT COURT ... - NOLA.com

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in Section 4(b) of the Voting Rights Act is unconstitutional. As a result, Louisiana is no longer a covered jurisdiction for purposes of Section 5. 5. Louisiana can no longer seek refuge in Section 5 as an excuse to racially gerrymander Congressional District 2. Drawn with race as its predominant purpose, this district cannot pass constitutional muster. 6. Plaintiffs seek a declaration that Louisiana’s Congressional District 2 is invalid and an injunction prohibiting the Defendant from calling, holding, supervising, or taking any action with respect to Congressional elections based on the Congressional District 2 as it currently stands. PARTIES 7. Plaintiff Maytee Buckley is a United States citizen and registered voter in the State of Louisiana. She currently resides in Congressional District 2. 8. Plaintiff Yvonne Parms is a United States citizen and registered voter in the State of Louisiana. She currently resides in Congressional District 2. 9. Plaintiff Leslie Parms is a United States citizen and registered voter in the State of Louisiana. He currently resides in Congressional District 2. 10. Defendant Tom Schedler, Louisiana’s Secretary of State, is the chief election officer of the state. He, in his official capacity as Louisiana’s Secretary of State, is responsible for preparing and certifying the ballots for all elections, promulgating all election returns, and administering the election laws. COMPLAINT – 2 70916-0019/LEGAL27626678.4 Case 3:13-cv-00763-SDD-RLB Document 1 11/25/13 Page 2 of 12
JURISDICTION AND VENUE 11. This Court has jurisdiction to hear Plaintiffs’ claim pursuant to 42 U.S.C. §§ 1983 and 1988, and 28 U.S.C. §§ 1331, 1343(a)(3), and 1357. This Court has jurisdiction to grant declaratory relief pursuant to 28 U.S.C. §§ 2201 and 2202. 12. A three-judge district court is requested pursuant to 28 U.S.C. § 2284(a), as Plaintiffs’ action “challeng[es] the constitutionality of the apportionment of congressional districts” in Louisiana. 13. Venue is proper under 28 U.S.C. § 1391(b). FACTUAL ALLEGATIONS 14. On April 13, 2011, the Louisiana State Legislature established Louisiana’s six Congressional districts, set forth at La. Rev. Stat. §18:1276.1 (hereinafter “2011 Congressional Plan”). 15. Between 2000 and 2010, Louisiana’s total population grew by 1.4 percent from 4,468,976 to 4,533,372. Louisiana’s growth rate was far below the national growth rate of 9.7 percent over the same period. As a result, Louisiana lost one congressional district, reducing its delegation in the U.S. House of Representatives from seven members to six. 16. Before considering congressional redistricting plans in 2011, committees in both houses of the Louisiana State Legislature established various guidelines to govern the redistricting process. 17. Those guidelines provided “minimally acceptable criteria” for consideration of any redistricting plan, including: a. “All redistricting plans shall comply with the Equal Protection Clause of the Fourteenth Amendment and the Fifteenth Amendment to the U.S. COMPLAINT – 3 70916-0019/LEGAL27626678.4 Case 3:13-cv-00763-SDD-RLB Document 1 11/25/13 Page 3 of 12
Page 1: UNITED STATES DISTRICT COURT MIDDLE
Page 5 and 6: 20. The shape of Congressional Dist
Page 7 and 8: political boundaries and natural ge
Page 9 and 10: 37. Upon information and belief, Se
Page 11 and 12: B. Declare that Congressional Distr
Page 13 and 14: JS 44 (Rev. 12/12) CIVIL COVER SHEE
Page 15 and 16: AO 440 (Rev. 06/12) Summons in a Ci

COMPLAINT – 1 UNITED STATES DISTRICT COURT ... - NOLA.com

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