United States Eighth Circuit

In an action brought by the ACLU on behalf of Native American plaintiffs against defendant-city challenging a redistricting ordinance under the Constitution and Section 2 of the Voting Rights Act of 1964 (VRA), judgment for plaintiffs is affirmed over city's claims that the district court erred: 1) in finding that, under the totality of the circumstances, the ordinance diluted the vote of Native Americans in the city in violation of Section 2 of the VRA; and 2) in ordering a remedial plan proposed by plaintiff, which was an at-large, cumulative voting scheme.

Appellate Information

• Decided 12/16/2008
• Published 12/16/2008

Judges

• SMITH, Circuit Judge., Before BYE, SMITH, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Sara Frankenstein, argued, Donald P. Knudsen, on the brief, Rapid City, SD, for appellant.


• For Appellees:
  
• Bryan Sells, argued, American Civil Liberties Union, Atlanta, GA, Laughlin McDonald, American Civil Liberties Union, Atlanta, GA, and Patrick Duffy, Rapid City, SD, on the brief, for appellee.