YWONNE KENNEDY, JAMES BUSKEY & WILLIAM CLARK v HONORABLE BOB RILEY, as Governor of the State of Alabama

No. CV-05-2432

United States District Court for the Middle District of Alabama Northern District

Received November 15, 2005

 

4. On October 2, 2055, Honorable San Jones, the individual fomerly holding the office of County Commissioner of District 1 of the Mobile County Commission, vacated the office and assumed the office of Mayor of the City of Mobile.

5. Defendant Riley, after the decision of the Supreme Court of Alabama in Riley v. Kennedy, decided November 9, 2005 (copy attached), has the authority to make an appointment to fill the vacancy above mentioned. The plaintiffs are informed and believe that Governor Riley has appointed Juan Chastang to the position of Mobile County Commissioner.

6. On information and belief, the plaintiff aver that no official of Mobile County or of the State of Alabama has submitted the charge effected by the decision in riley v Kennedy to either the Attorney General of the United States or the U.S. District Court for the District of Columbia for preclearance under the Section 5 of the Voting Rights Act.

7. The defendant has violated the Voting rights Act by administering a practice whic is different from that in effect on 8 November 2005 without preclearance.

8. The plaintiffs are without an adequate remedy at law and will suffer irreplicable damage unless the actions of the defendant in violation of the Voting Rights Act are enjoined.

 

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