John W. Sanders v. Dooly Cnty., GA, 245 F.3d 1289 (11th Cir. 2001). · Go Syfert
John W. Sanders v. Dooly Cnty., GA, 245 F.3d 1289 (11th Cir. 2001). Cases Citing This Book View Copy Cite
“none of the grounds for prejudice that the district court relied on applies to the plaintiffs' claims for a declaration that the 1992 plan violates the equal protection clause.”
39 citation events (39 in the last 25 years) across 10 distinct courts.
Strongest positive: Motley v. Taylor (almd, 2020-03-31)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 11 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Motley v. Taylor (2×) also: Cited "see, e.g."
M.D. Ala. · 2020 · quote attribution · 1 verbatim quote · confidence high
none of the grounds for prejudice that the district court relied on applies to the plaintiffs' claims for a declaration that the 1992 plan violates the equal protection clause.
discussed Cited as authority (quoted) Wood v. Raffensperger
N.D. Ga. · 2020 · quote attribution · 1 verbatim quote · confidence low
e conclude that the district court did not abuse its discretion in deeming the claims seeking injunctive relief to be laches-barred.
discussed Cited as authority (rule) Coffey v. Braddy (2×) also: Cited "see"
M.D. Fla. · 2015 · confidence medium
See Stone, 383 Fed.Appx. at 874 (affirming dismissal of Title VII claim based on laches where plaintiff waited three years without justification to seek reinstatement of administrative case during which time a key defense witness had died); Brennan, 352 F.3d at 64 (“To determine whether [police officer’s claims that County violated consent de cree] are barred by laches, the district court may wish to consider factors such as whether (and when) [the officer] knew of [the] County’s alleged misconduct, whether she inexcusably delayed in taking action, and whether [the] County was prejudiced…
discussed Cited "see" Rebecca Clarke v. Wisconsin Elections Commission
Wis. · 2023 · signal: see · confidence high
White, 909 F.2d at 103-04 (considering the prejudicial effect judicially mandated redistricting would have on voters not party to the suit); Chestnut, 377 F. Supp. 3d at 1317 (similar); Fouts, 88 F. Supp. 2d at 1354 (similar); see Sanders, 245 F.3d at 1291.
discussed Cited "see" Rebecca Clarke v. Wisconsin Elections Commission
Wis. · 2023 · signal: see · confidence high
White, 909 F.2d at 103-04 (considering the prejudicial effect judicially mandated redistricting would have on voters not party to the suit); Chestnut, 377 F. Supp. 3d at 1317 (similar); Fouts, 88 F. Supp. 2d at 1354 (similar); see Sanders, 245 F.3d at 1291.
examined Cited "see" Chestnut v. Merrill (3×)
N.D. Ala. · 2019 · signal: see · confidence high
See Sanders v. Dooly Cty. , 245 F.3d 1289 , 1290-91 (11th Cir. 2001) (per curiam) (applying the doctrine of laches to a voting rights case).
cited Cited "see" Mistique, Inc. v. 138 International, Inc.
11th Cir. · 2010 · signal: see · confidence high
See Sanders v. Dooly County, 245 F.3d 1289 , 1291 (11th Cir.2001).
cited Cited "see" M.D. Kenneth A. Thomas v. Blue Cross & Blue Shield
11th Cir. · 2009 · signal: see · confidence high
See Sanders v. Dooly County, 245 F.3d 1289 , 1291 (11th Cir.2001).
cited Cited "see" Baggett Bros. Farm Inc. v. Altha Farmers Cooperative Inc.
11th Cir. · 2009 · signal: see · confidence high
See Sanders v. Dooly County, Ga., 245 F.3d 1289 , 1291 (11th Cir.2001) (per curiam); Region 8 Forest Serv.
cited Cited "see" Peter Letterese & Associates, Inc. v. World Institute of Scientology Enterprises, International
11th Cir. · 2008 · signal: see · confidence high
See Sanders v. Dooly County, 245 F.3d 1289 , 1291 (11th Cir.2001).
discussed Cited "see, e.g." Michael Clark v. Putnam County (2×)
11th Cir. · 2002 · signal: see also · confidence low
See also Sanders v. Dooly County, 245 F.3d 1289 , 1291-92 (11th Cir.2001) (effect of holding prior plan unconstitutional is to "prevent the Attorney General from using the [prior] plan as a base line for retrogression analysis in the post-2000 census round of preclearance proceedings under § 5 of the Voting Right Act") (citing Office of the Assistant Attorney General, Civil Rights Division, Guidance concerning Redistricting and Retrogression Under Section 5 of the voting Rights Act, 42 U.S.C.1973c, 66 Fed.Reg. 5412, 5413 (January 18, 2001)) ("Absent ... a finding of unconstitutionality under …
Retrieving the full opinion text from the archive…
John W. SANDERS, Perry L. Bridges, Et Al., Plaintiffs-Appellants,
v.
DOOLY COUNTY, GA, Terrell Hudson, in His Official Capacity as Member of Dooly County Board of Commissioners, Et Al., Defendants-Appellees, Dooly Co. NAACP, James L. Taylor, Et Al., Interveners-Defendants-Appellees
00-12850.
Court of Appeals for the Eleventh Circuit.
Mar 29, 2001.
245 F.3d 1289
John W. Bellflower, A. Lee Parks, Jr., Parks, Chesin & Miller, P.C., Atlanta, GA, for Plaintiffs-Appellants., John W. Sherrer, Jr., Vienna, GA, David A. Forehand, Jr., Cordele, GA, Edward Still, Dickstein, Shapiro, Morin & Oshin-sky, LLP, Washington, DC, for Defendants-Appellees and Interveners-Defen-dants-Appellees.
Black, Roney, Cox.
Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 69%
Citer courts: N.D. Georgia (1)
PER CURIAM:

The plaintiffs, five votei’s in Dooly County, Georgia, sued county officials, claiming that a districting plan, shared by the county commission and the board of education and effectuated by consent decree, contains racially gerrymandered districts that violate the equal-protection principles announced in Shaw v. Reno, 509 U.S. 630, 113 S.Ct. 2816, 125 L.Ed.2d 511 (1993), and elaborated in Miller v. Johnson, 515 U.S. 900, 115 S.Ct. 2475, 132 L.Ed.2d 762 (1995), and many cases since. The district court granted the defendants summary judgment on laches grounds. According to the court, the plaintiffs’ waiting until November 1998 to file suit — over six years after the first use of the plan and five years after Shaw v. Reno issued — was an inexcusable delay. This delay prejudiced the defendants and citizens of Dooly County, the court concluded, in two principal ways: (1) redistricting late in the decade would lead to back-to-back redistrictings (the court-ordered one and the one using new census data) that would confuse voters and be unnecessarily costly to the[*1291] County; and (2) the census data available to redistrict now are over ten years-old and thus unreliable. The plaintiffs appeal.

Before reaching the merits of the appeal, we discharge our duty to examine the district court’s jurisdiction, here questionable because two of the plaintiffs lack standing. See Wilson v. Minor, 220 F.3d 1297, 1303 n. 11 (11th Cir.2000). Beginning with Louisiana v. Hays, the Supreme Court has limited standing on this kind of equal-protection claim to residents of the challenged district. 515 U.S. 737, 738, 115 S.Ct. 2431, 2433, 132 L.Ed.2d 635 (1995). The plaintiffs do live in the districts they challenge, but since the district court entered its judgment, the Supreme Court, has further trimmed the number of proper Shaw plaintiffs by holding that the residents of intentionally racially gerrymandered districts have suffered no cognizable harm if the districts are not the ones the districting plan originally set out to create, even if those gerrymandered districts are indispensable to the racially motivated plan. See Sinkfield v. Kelley, 531 U.S. 28, 121 S.Ct. 446, 447, 148 L.Ed.2d 329 (2000) (plaintiffs lacked standing because they did not live in the supermajority-minority districts of a max-black plan), vacating for lack of standing Kelley v. Bennett, 96 F.Supp.2d 1301, 1312-20 (M.D.Ala.2000) (finding after trial that intentional race-motivated gerrymandering produced some of the majority-majority districts challenged by plaintiffs who lived in them). The plaintiffs allege that the plan set out to create three majority-black districts. Taking that allegation as true (because standing did not come up below, the plaintiffs have had no opportunity to present evidence), it means that the plaintiffs who live in majority-white Districts 2 and 3, George C. Griggs and John W. Sanders, have suffered no cognizable harm from the alleged gerrymandering of their districts. The district court therefore lacked jurisdiction over their claims, for want of standing.

Turning to the merits, we conclude that the district court did not abuse its discretion in deeming the claims seeking injunctive relief to be laches-barred for the reasons that we described above. Cf. Fonts v. Harris, 88 F.Supp.2d 1351, 1353 (S.D.Fla.1999) (relying on similar laches reasoning to dismiss Shaw claims), aff'd sub nom. Chandler v. Harris, 529 U.S. 1084, 120 S.Ct. 1716, 146 L.Ed.2d 639 (2000). But we do think that the district court overstepped its discretion in judging the claims for declaratory relief to be similarly barred, because the third element of a laches defense — prejudice to the defendants from the unexcused delay — is. missing. See AmBrit, Inc. v. Kraft, Inc., 812 F.2d 1531, 1545 (11th Cir.1986) (listing elements). None of the grounds for prejudice that the district court relied on applies to .the plaintiffs’ claims for a declaration that the 1992 plan violates the Equal Protection Clause. There is no risk of confusion from a redistrieting, obviously; no burden to the county to redistrict; and no use of out-of-date census data. An effect of a grant of such declaratory relief could be to prevent the Attorney General from using the 1993 consent-decree plan as a baseline for retrogression analysis in the post-2000 census round of preclearance proceedings under § 5 of the Voting Rights Act, [1] , [2] but[*1292] that effect is no more prejudicial to the defendants now than it would have been in 1993.

For the foregoing reasons, we (1) vacate the judgments against plaintiffs Griggs and Sanders; (2) affirm the summary judgment against the remaining plaintiffs on their claims for injunctive relief; (3) reverse the grant of summary judgment against the remaining plaintiffs on their claims for declaratory relief; and (4) remand for further proceedings and with instructions to dismiss Griggs’s and Sanders’s claims for want of jurisdiction.

VACATED IN PART; AFFIRMED IN PART; REVERSED IN PART; REMANDED WITH INSTRUCTIONS IN PART.

1

. 42U.S.C. § 1973c.

2

. See Abrams v. Johnson, 521 U.S. 74, 96, 117 S.Ct. 1925, 1938, 138 L.Ed.2d 285 (1997) (plan declared unconstitutional under Shaw may noL serve as retrogression baseline); Of-flee of the Assistant Attorney General, Civil Rights Division, Guidance Concerning Redistricting and Retrogression Under Section 5 of the Voting Rights Act, 42 U.S.C. 1973c, 66 Fed. Reg. 5412, 5413 (January 18, 2001) (“Absent ... a finding of unconstitutional! Ly[*1292] under Shaw by a federal court, the last legally enforceable plan will serve as benchmark for Section 5 review.”); see also 28 C.F.R. § 51.54(b)(l)(retrogression comparison under § 5 is with the last "legally enforceable” practice when existing practice is not "in effect” and otherwise unenforceable under § 5).