First Circuit reverses Rhode Island dismissal

http://www.votelaw.com

October 28, 2003

AP reports,

A federal appeals court in Boston has reversed a lower court's dismissal of a legislative redistricting lawsuit, reinstating the case.

While a victory for the minority organizations who brought the complaint, the ruling does not order any changes in the state's redistricting plan.

The Urban League, the Providence branch of the National Association for the Advancement of Colored People, and the Black American Citizens Political Action Committee sued, challenging the redistricting.

In its decision, the 1st Circuit U.S. Court of Appeals said the plaintiffs should have the chance to prove their case.

In reversing [Judge Ernest C.] Torres's decision, the appeals court cited a standard for dismissal which said a complaint can be dismissed "only if it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations."

Two of the three judges who heard the case found that the federal court in Providence mistakenly rejected the claim. A third judge dissented from the ruling, saying the plaintiffs have to show the minority groups are large enough and geographically compact enough to constitute a majority in some district.

The 58-page decision said the case couldn't be dismissed just because black voters do not constitute a majority in any of the state's Senate districts.

"Requiring the protected class to show that it is an absolute majority ignores the reality that the class could elect its preferred candidate without such numbers," the court said.