Opinion

Dunn

Court
District Court, M.D. Louisiana
Filed
Sep 15, 2026
Cited by
0 cases

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA

CLEVE DUNN, JR., ET AL. CIVIL ACTION

VERSUS

3:24-521-SDD-EWD

EAST BATON ROUGE PARISH ET AL.,

RULING

This matter is before the Court on the Motion to Dismiss Pursuant to Rule 12 for

Lack of Subject Matter Jurisdiction and Failure to State a Claim1 filed by Defendant City

of Baton Rouge, East Baton Rouge Parish (the “City/Parish” or “Defendant”). Plaintiffs

Chauna Banks (“Banks”), Darryl Hurst (“Hurst’), Cleve Dunn, Jr. (“Dunn”), LaMont Cole

(“Cole”), Carolyn Coleman (“Coleman”), Lael Montgomery (“Montgomery”), and Eugene

Collins (“Collins”), filed an Opposition,2 to which Defendant filed a Reply.3 After careful

consideration of the parties’ arguments and the applicable law, the Court finds that the

Defendant’s Motion shall be GRANTED and Plaintiffs’ claims dismissed without prejudice.

I. FACTUAL BACKGROUND

This case arises from the Baton Rouge Metropolitan Council’s (“Metro Council”)

adoption of Ordinance No. 18596 (the “Ordinance”), approving a reapportioned map for

the Metro Council Districts (the “Districts”) to address, pursuant to La. R.S. 33:1411(A),

substantial variations in their representation identified following the 2020 United States

Census. Plaintiffs are African American members and constituents of the Metro Council

1 Rec. Doc. No. 18.

2 Rec. Doc. No. 20.

3 Rec. Doc. No. 25.

that challenge the approved map (“Plan 4B”) as an unlawful apportionment that “dilutes

Black voting strength in violation of the Voting Rights Act of 1965 (‘VRA’) and the United

States Constitution.”4 More specifically, Plaintiffs allege that Map 4B “pack[s] large

numbers of Black voters into a few majority-Black council districts and crack[s] the

remaining Black voters among the majority-white districts.”5 The following facts, relevant

to the Court’s consideration of the instant Motion, are taken from the Complaint and public

records attached to Defendant’s Motion to Dismiss.6

Louisiana law requires that within six months of each decennial census,

jurisdictions that elect their members by district “examine the apportionment plan of its

body to determine if there exists any substantial deviation in the representation of the

election districts.”7 That is, no district may have a population that deviates greater than

plus or minus five (5) percent of the “ideal district population”—a figure determined by

4 Rec. Doc. No. 1, p.1.

5 Id. at pp. 1, 4.

6 When considering a motion to dismiss, courts are generally limited to the complaint and its proper

attachments. Dorsey v. Portfolio Equities, Inc., 540 F.3d 333, 338 (5th Cir. 2008) (citation omitted). The

City/Parish, however, requests that the Court take judicial notice of certain information referenced in its

Motion to Dismiss, namely, “all [relevant] information contained on the Metro Council website,” the 2020

Census data, and attached memoranda from its demographer, Mike Hefner—which was submitted to the

Metro Council as part of the redistricting process. Rec. Doc. No. 18-1, p.1. Plaintiff does not oppose this

request and, in fact, references much of the same information in their pleading. In any event, it is well-

settled that, at the motion to dismiss stage, courts can consider matters of public record attached to, or

contained within, a motion to dismiss. Davis v. Bayless, 70 F.3d 367, 372 n.3 (5th Cir. 1995); Lewkut v.

Stryker Corp., 724 F. Supp. 2d 648, 653 (S.D. Tex. 2010) (citing Chauhan v. Formosa Plastics Corp., 2000

WL 423367, at *1 (5th Cir. 2000)). Thus, “it is clearly proper in deciding a 12(b)(6) motion” to take judicial

notice of such records. Norris v. Hearst Trust, 500 F.3d 454, 461 n.9 (5th Cir. 2007). To the extent the

City/Parish’s request extends to information that is properly subject to judicial notice—that is, unless

otherwise noted, it comports with the requirements set forth in Federal Rule of Evidence 201(b)(2)—the

Court will take notice as necessary to decide the instant Motion. See Jason v. The Coca Cola Co., 435 F.

App’x 346, 353 n.5 (5th Cir. 2011) (stating that courts may take “judicial notice of information posted on a

government website”); Hollinger v. Home State Mut. Ins. Co., 654 F.3d 564, 571-72 (5th Cir. 2011) (“United

States census data is an appropriate and frequent subject of judicial notice”); La. R.S. § 44:1 (A)(2)(a)

(defining “public records” to include all “memoranda … having been used … or prepared … for use in the

conduct … or performance of any work, duty, or function which was conducted … or performed by or under

the authority of the constitution or laws of [Louisiana] [,]” such as redistricting pursuant to La. R.S.

33:1411(A)).

7 La. R.S. § 33:1411(A).

dividing the total population of a parish by its number of districts.8 From this examination,

the jurisdictional authority must either “declare its apportionment to be equitable … or

provide for a new apportionment plan.”9

East Baton Rouge Parish (“EBRP”) encompasses the cities of Baton Rouge,

Baker, Zachary, and Central, and consists of twelve (12) Metro Council Districts, each

with an elected seat on the Metro Council. The Metro Council is, therefore, subject to the

requirements of La. R.S. § 33:1411(A). The U.S. Census Bureau delivered its

apportionment counts for the 2020 Census on April 26, 2021 (the “Census”).10 Showing

that EBRP’s overall population had increased by 3.8% between 2010 and 2020, the

Census also revealed that its black population had increased by 5%, while its white

population declined by approximately 9% during that same period.11 Following the

Census, the Metro Council hired Mike Hefner (“Hefner”), a demographer with Geographic

Planning & Demographic Services (“GPDS”), to determine if a reapportionment was

required. At the time, East Baton Rouge Parish consisted of six (6) majority-white, one

(1) plurality-white, and five (5) majority-black Districts; Plaintiffs refer to this composition

as the “seven consistently-white-held” and “five consistently-Black-held” Districts.12

Following a review of the updated Census information, Hefner reported that eight

of the twelve Districts were “outside of the allowable deviation range” and required

redistricting to “rebalance the population counts” to within plus or minus five (5) percent

8 Joint Rule 21, H.C.R. 90, 2021 R.S. (June 11, 2021); Rec. Doc. No. 18-2, p. 1.

9 La. R.S. § 33:1411(A).

10 Rec. Doc. No. 1, ¶ 37.

11 Id. at ¶¶ 38-40.

12 Id. at ¶ 67; see Metro Council website, REDISTRICTING 2022 (https://www.brla.gov/2723/Redistricting-

2022) (p. 1, Summary of E. Baton Rouge Metro Council Plan Demographics for Plans 4 through 8).

“of the ideal district number,” which he determined to be 38,065 persons.13

The Metro Council subsequently held six Redistricting Workshops between

February and August 2022 “to brainstorm various configurations to the [D]istricts that

would result in a plan that better represents the Parish.”14 Following the first of these

workshops, Hefner submitted a memorandum to the Metro Council indicating that he

“would like to dedicate the majority of the available working time to concentrate on the

majority-minority districts … but [would] need to see if the census numbers and

geography would work to increase the number of [such] districts.”15 Throughout the

subsequent redistricting process, Hefner submitted seventeen apportionment plans (i.e.,

illustrative maps) for the Metro Council’s consideration.16 Of these, Plans 4, 4B, and 8

retained the current seven (7) consistently-white-held District configuration, converting

District No. 8, the previously plurality-white district, into a new majority-white one.17 Plans

5B, 7, and 7A, however, created a sixth majority-black district.18 Plans 5, 5A, 6 and 6A

presented the option of apportioning six (6) majority-white and five (5) majority-black

districts alongside a “toss-up district”—a configuration which Hefner suggested “may be

a plan that has a fair representation of the Black population in the Parish.”19

On August 10, 2022, the Metro Council took up the Ordinance, entitled “Approving

a Reapportionment Plan for the Metropolitan Council in Accordance with Section 2.01 of

the Plan of Government, Said Plan to Become Effective January 1, 2025.”20 The Metro

13 Rec. Doc. No. 18-2, pp. 1-2.

14 Rec. Doc. No. 18-3, p. 1.

15 Rec. Doc. No. 18-4, p. 5.

16 See Metro Council website, REDISTRICTING 2022 (https://www.brla.gov/2723/Redistricting-2022).

17 Rec. Doc. No. 1 ¶ 46.

18 See supra note 16 (Plans 5, 7, and 7A); Rec. Doc. No. 1, ¶ 58.

19 Rec. Doc. No. 1, ¶ 48; Rec. Doc. No.18-7, p.1.

20 Id. at ¶ 49.

Council’s seven white members voted to adopt Plan 4B. A substitute motion to adopt

Plan 7A and, thus, create a sixth majority-black district was rejected by same.21

On June 26, 2024, Plaintiffs initiated this lawsuit alleging the Ordinance dilutes the

electoral strength of black voters in violation § 2 of the VRA and runs afoul the Fourteenth

and Fifteenth Amendments to the U.S. Constitution.22 Although Plan 4B maintains the

pre-existing composition of seven (7) white-held and five (5) black-held Districts, Plaintiffs

challenge that the Council rejected “multiple [proposed] maps … that contain[ed] six

majority black districts,”23 and, instead, adopted the plan that would “increase the

entrenchment of white control of the Council by turning a plurality-white district into a new

majority-white” one.24 In doing so, Plaintiffs allege the Metro Council “pack[ed] large

numbers of Black voters into majority-Black council districts where they constitute an

ineffective minority unable to participate equally in the electoral process.”25 Plaintiffs thus

seek declaratory, injunctive, and compensatory relief, in addition to an Order instructing

the Metro Council to adopt a “redistricting plan for Baton Rouge that includes six districts

in which Black voters have an opportunity to elect candidates of their choice.”26

On October 11, 2024, the City/Parish moved to dismiss Plaintiffs’ claims under

Federal Rules of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction and

12(b)(6) for failure to state a claim.27 On August 21, 2025, the Court issued an Order

staying and administratively closing this case pending the U.S. Supreme Court’s decision

in Louisiana v. Callias, a case that was poised to have a significant impact on existing

21 Rec. Doc. No. 1, ¶¶ 49-53.

22 Id. at pp. 39-41.

23 Id. at ¶ 58.

24 Rec. Doc. No. 20, p. 1.

25 Rec. Doc. No. 1, ¶ 2.

26 Rec. Doc. No. 1, pp. 41-42.

27 Rec. Doc. No. 18.

VRA § 2 jurisprudence.28 The Supreme Court decided Callais on April 29, 2026.29 On

May 27, 2026, the parties filed a Joint Motion to Reopen Case30 along with briefs on the

impact of Callais on Plaintiffs’ claims.31 The case was re-opened the following day and

the instant Motion revived for consideration in conformity with the Supreme Court’s

opinion in Callais.32

II. LEGAL STANDARDS

A. Rule 12(b)(1) motion to dismiss for lack of subject matter jurisdiction

Federal courts are courts of limited jurisdiction.33 Without jurisdiction conferred by

statute or the Constitution, federal courts lack the power to adjudicate claims.34 A party

may challenge a district court’s subject matter jurisdiction by filing a motion to dismiss

pursuant to Rule 12(b)(1).35

A federal court must consider a motion to dismiss pursuant to rule 12(b)(1) before

any other challenge because a court must have subject matter jurisdiction before

determining the validity of a claim.36 The party asserting jurisdiction constantly bears the

burden of proof that the jurisdiction does in fact exist.37 Where the motion to dismiss is

based on the complaint alone, the Court must decide whether the allegation in the

complaint sufficiently state a basis for subject matter jurisdiction.38

28 Rec. Doc. No. 32.

29 Louisiana v. Callais, 146 S. Ct. 1131, 1157 (2026).

30 Rec. Doc. No. 35.

31 See Rec. Doc. Nos. 36 and 37.

32 Rec. Doc. No. 38.

33 Exxon Mobil Corp. v. Allapattah Servs., 545 U.S. 546, 552 (2005).

34 Id.

35 Fed. R. Civ. P. 12(b)(1).

36 Moran v. Kingdom of Saudi Arabia, 27 F.3d 169, 172 (5th Cir. 1994).

37 Ramming v. United States, 281 F.3d 158, 161 (5th Cir. 2001).

38 See Paterson v. Weinberger, 644 F.2d 521, 523 (5th Cir. 1981).

B. Rule 12(b)(6) motion to dismiss for failure to state a claim

A motion to dismiss pursuant to Rule 12(b)(6) challenges a complaint on the basis

that it fails to state a claim upon which relief may be granted.39 In ruling on a Rule 12(b)(6)

motion, the Court must accept well-pleaded facts as true and view them in the light most

favorable to Plaintiffs.40 Though a complaint need not contain “detailed” factual

allegations, a plaintiff’s complaint must allege sufficient facts “to state a claim to relief that

is plausible on its face.”41 “A claim has facial plausibility when the plaintiff pleads factual

content that allows the court to draw the reasonable inference that the defendant is liable

for the misconduct alleged.”42

“[A] plaintiff’s obligation to provide the grounds of his entitlement to relief requires

more than labels and conclusions, and a formulaic recitation of the elements of a cause

of action will not do.”43 Ultimately, the “[f]actual allegations [in the complaint] must be

enough to raise a right to relief above the speculative level.”44 Nevertheless, “a well-

pleaded complaint may proceed even if it strikes a savvy judge that actual proof of those

facts is improbable, and that a recovery is very remote and unlikely.”45

III. ANALYSIS

A. Subject Matter Jurisdiction

The City/Parish argues that Plaintiffs’ claim under §2 of the VRA must fail for a lack

of standing.46 Article III standing is a threshold jurisdictional requirement for civil actions

39 Fed. R. Civ. P. 12(b)(6).

40 Calhoun v. Hargrove, 312 F.3d 730, 733 (5th Cir. 2002).

41 Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007).

42 Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).

43 Twombly, 550 U.S. at 555 (internal citation and quotation marks omitted).

44 Id.

45 Id. at 556 (internal citation and quotation marks omitted).

46 Rec. Doc. No. 18-1, p. 8.

in federal court and is rooted in the bedrock constitutional principle that the judiciary’s

power extends only to cases and controversies.47 “The irreducible constitutional minimum

of standing contains three elements.”48 They are: (1) an injury in fact which is a concrete

and particularized invasion of a legally protected interest, (2) a causal connection

between the injury and the conduct complained of; that is, the injury has to be fairly

traceable to the challenged action of the defendant, and (3) a likelihood, as opposed to

mere speculation, that the injury will be redressed by a favorable judicial decision.49 At

the motion to dismiss stage, “conclusory allegations of injury are not enough to confer

standing”;50 nor are allegations of an injury that is merely “conjectural or hypothetical.”51

The City/Parish argues that because Banks, Hurst, Dunn, Cole, Coleman, and

Collins reside in Districts that, under Plan 4B, would remain majority-black Districts, these

Plaintiffs have failed to allege a concrete and particularized injury in fact.52 In support of

this argument, the City/Parish cites to Fifth Circuit jurisprudence stating the “alleged harm”

in a vote dilution case “arises from the particular composition of the voter’s own district,

which causes his [or her] vote—having been packed or cracked—to carry less weight

than it would carry in another, hypothetical district.”53 Plaintiffs respond that each of these

individuals “reside in … majority-Black districts that have been subjected to packing.”54

The City/Parish counters that, while allegations that Plaintiffs were either cracked or

47 Anderson v. 21st Mortg. Corp., No. 7:15-cv-200-KC, 2017 WL 11037113, at *3 (W.D. Tex. Mar. 10, 2017).

48 Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 (1992).

49 Id. at 560-61.

50 Lowman v. Enters. Fin. Group, Inc., No. 3:24-cv-2752-L, 2025 WL 2994737, at *3 (N.D. Tex. Aug. 12,

2025) (internal citation omitted).

51 Lujan, 504 U.S. at 560.

52 Rec. Doc. No. 18-1, pp. 11-12.

53 Anne Harding v. County of Dallas, Tex., 948 F.3d 302, 307 (5th Cir. 2020) (quoting Gill v. Whitford, 585

U.S. 48, 67 (2018)).

54 Rec. Doc. No. 20, p. 11.

packed could be sufficiently particularized for purposes of Article III standing, the

Complaint contains no such allegations.55

The City/Parish’s point is well-taken—“to the extent the plaintiffs’ alleged harm is

the dilution of their votes, that injury is district specific.”56 A conclusory and generalized

allegation that Plan 4B “accomplishes white entrenchment by packing more than 68.5%

of the Parish’s Black registered voters into 42% of the Parish’s Metro Council districts”

does not suffice absent a showing that Plaintiffs’ own Districts were subject to such

packing.57 The Court must therefore determine whether the Plaintiffs have stated

sufficient facts to allege they would have any greater voting power if the Districts in which

they reside—1, 2, 5, 6, 7, and 1058—had been apportioned according to one of the

pleaded alternative Plans (i.e., that they reside in an opportunity district).59 Only then can

each respective Plaintiff be said to have pleaded a “disadvantage to [the voter] as [an]

individual”60 as opposed to “a generalized grievance against governmental conduct of

which [the voter] does not approve.”61

Here, the opportunity districts referenced in the Complaint arise from the “multiple

maps proposed to the Metro Council during its consideration of the 2025 map that contain

six majority black districts”—that is, Plans 5B, 7, and 7A.62 In deciding whether a plan

55 Rec. Doc. No. 25, p. 7.

56 Whitford, 585 U.S. at 66.

57 Rec. Doc. No. 1, ¶ 4.

58 Rec. Doc. No. 1, ¶¶ 10-16.

59 Thornburg v. Gingles, 478 U.S. 30, 50 n. 17 (1986) (“Unless minority voters possess the potential to elect

representatives in the absence of the challenged practice, they cannot claim to have been injured by that

structure or practice.”). The Court uses the term “opportunity district” to reference those Districts which,

but for the alleged improper redistricting, could have afforded greater voting power to the protected minority

class.

60 Whitford, 585 U.S. at 66 (quoting Baker v. Carr, 369 U.S. 186, 206 (1962)).

61 United States v. Hays, 515 U.S. 737, 745 (1995).

62 Rec. Doc. No. 1, ¶ 58; Rec. Doc. No, 20, p. 5.

presents an opportunity district that was impermissibly rejected, the Court looks to the

black voting-age (“BVA”) population of the relevant Districts.63 Applied here, it is clear to

the Court that Plans 5B, 7, and 7A, afford no greater voting strength to the residents of

Districts 2, 5, 6, 7, or 10, than apportioned to them by Plan 4B.64 More specifically, Plan

5B would create a sixth majority-black from District No. 8, while Plan 7 maps would do so

from District 1. Under the Plan 7 maps, more specifically, District 1’s BVA population

would comprise 52.5% of the district’s total population, compared to the white voting-age

(“WVA”) population, which would constitute 41.9%.65 By contrast, Plan 4B’s

apportionment for District 1 includes BVA population that comprises 37.4% of the district’s

total population, compared to the WVA population’s 57.1%.66

Plaintiff Montgomery— who resides in District 1—has therefore sufficiently alleged

an injury-in-fact for purposes of standing to pursue a vote dilution claim under § 2 of the

VRA against the City/Parish.67 The City/Parish concedes as much.68 Nevertheless,

where multiple plaintiffs seek the same form of relief, “[o]nly one plaintiff is needed to

establish standing.”69 That is the case here and the Court need not consider if the other

Plaintiffs have sufficiently alleged an injury-in-fact by way of living in Districts that have

been subject to packing.70 That is, the Court need not turn to the “particular composition”

of each District and consider whether changes to such are indicative of packing; in any

63 See League of United Latin Am. Citizens v. Perry, 548 U.S. 399, 429 (2006) (“only eligible voters affect

a group’s opportunity to elect candidates.”).

64 See Metro Council website, REDISTRICTING 2022 (https://www.brla.gov/2723/Redistricting-2022) (Plans

4B, 5B, 7, 7A).

65 Id. (Plans 7 and 7A).

66 Id. (Plan 4B).

67 Rec. Doc. No. 1, ¶ 15.

68 Rec. Doc No. 18-1, pp. 11-12.

69 Town of Chester v. Laroe Est., Inc., 581 U.S. 433, 439 (2017).

70 See Gill v. Whitford, 585 U.S. 48, 50 (2018).

event, such is not clearly ascertained from the allegations in the Complaint.

The City/Parish next argues that, where a plaintiff “has not established” all three

elements of a § 2 vote dilution claim set forth in Thornburg v. Gingles, they have likewise

failed to establish “the existence of a harm that is redressable by the Court.”71 In support

of this argument, the City/Parish cites to the U.S. Supreme Court’s decision in Growe v.

Emison72 for the proposition that “[u]nless [the Gingles factors] are established, there

neither has been a wrong nor can there be a remedy.”73 But, as Plaintiffs correctly note,

the Emison Court involved an appeal from a district court’s order “adopting its own

legislative and congressional districting plans and permanently enjoining interference of

those plans”74—simply Emison is not a standing case and provides no persuasive

authority on standing. In any event, it is axiomatic that “[w]hether a party has standing is

a distinct question from whether it has asserted a valid cause of action.”75 The

City/Parish’s position blurs this distinction and ignores that “[w]hen courts assess

standing, they ‘assum[e] that on the merits the plaintiffs would be successful in their

claims.’”76 Further, it is well-settled that federal “courts possess the equity power to

fashion the relief to remedy the… prior dilution [of voting power] and to give the minority

group the opportunity to participate equally in the electoral process.”77 The City/Parish’s

arguments regarding redressability are, therefore, unpersuasive and rejected.

71 Rec. Doc. No. 18-1, p. 13.

72 507 U.S. 25, 40 (1993).

73 Id. at 40-41.

74 Id. at 31.

75 Garrison Realty, L.P. v. Fouse Architecture & Interiors, P.C., 546 Fed. Appx. 458, 461 (5th Cir. 2013)

(citing Davis v. Passman, 442 U.S. 228, 239 n.18 (1979)).

76 In re New Era Enters. Inc. Data Incident Litig., No. H-25-732, 2026 WL 303547, at *2 (S.D. Tex. Feb. 4,

2026) (quoting Polelle v. Fla. Sec’y of State, 131 F.4th 1201, 1211 (5th Cir. 2025)); see Young

Conservatives of Tex. Found. v. Smatresk, 73 F.4th 304, 309 (5th Cir. 2023) (internal citations omitted) (“In

analyzing standing we assume that [Plaintiffs are] correct on the merits ….”).

77 E. Jefferson Coal. for Leadership and Dev. v. Jefferson Par., 691 F. Supp. 991 (E.D. La. 1988).

B. §2 of the Voting Rights Act

Section 2 of the Voting Rights Act imposes liability when it is shown, or can be

inferred from strong evidence, that a jurisdiction intentionally drew its districts to afford

minority voters less opportunity because of their race.78 To state a claim under §2 of the

VRA, Plaintiffs must allege facts sufficient to meet the three preconditions set forth by the

Gingles Court (the “Gingles factors”). First, it must be shown that “a community of minority

voters [is] sufficiently numerous and compact to constitute a majority in a reasonably

configured district.”79 It is not sufficient, however, to show “only that [a jurisdiction] could

create an additional minority-district.”80 As such, where Plaintiffs look to satisfy the first

Gingles factor by providing an illustrative map with their “desired number of majority-

minority districts,” it must additionally be shown that: (1) race was not used as a districting

criteria in the illustrative map, and (2) the map meets all of the jurisdictions’ “legitimate

districting objectives, including traditional districting criteria and the [jurisdiction’s]

specified political goals.”81 Only upon meeting both these conditions may the Court

conclude Plaintiffs’ allegations successfully “disentangle race from the [City/Parish’s]

race-neutral considerations”—the failure to do so is fatal to a § 2 claim.82

The second and third Gingles factors are often discussed together. The second

requires Plaintiffs to allege facts sufficient to show “the minority … is politically

cohesive.”83 The third is that “the white majority votes sufficiently as a bloc to enable it

… usually to defeat the minority’s preferred candidate.”84 To satisfy these preconditions,

78 Louisiana v. Callais, 146 S. Ct. 1131, 1157 (2026).

79 Id. at 1159.

80 Id.

81 Id.

82 Id. at 1157.

83 Id. at 1146 (citing Gingles, 478 U.S. at 51).

84 Id.

Plaintiffs “must provide an analysis that controls for party affiliation … in other words,

they must show that voters engage in racial bloc voting that cannot be explained by

partisan affiliation.”85 Such is, once again, critical for “disentangl[ing] race and politics.”86

If it is determined that Plaintiffs have alleged facts sufficient to satisfy all three

Gingles preconditions, the Court may, lastly, proceed to a “totality of the circumstances”

inquiry to determine if there is “present-day intentional racial discrimination regarding

voting.”87 In conducting this inquiry, the U.S. Supreme Court has instructed that evidence

of “[d]iscrimination that occurred some time ago” and “disparities that are characterized

as the ongoing effects of societal discrimination” are entitled to “much less weight.”88

While such information may certainly be considered, “far more germane” to the Court’s

analysis is “current data and current political conditions that shed light on current

intentional discrimination.”89 “[C]urrent intentional discrimination” is the chief evil

identified by the Supreme Court.90 Thus, the principal question before the Court is

whether the allegations of the Complaint plausibly allege intentional discrimination in the

redistricting.

1. Gingles 1

Plaintiffs allege that the first Gingles factor is satisfied because “size and

compactness are evidenced by … the multiple maps proposed to the Metro Council

during its consideration of the 2025 map that contain six majority black districts.”91 Of

85 Id. at 1159.

86 Id.

87 Id. at 1160.

88 Id.

89 Id (internal citations and quotation marks omitted).

90 See id. at 1162.

91 Rec. Doc. No. 1, ¶ 58.

these maps, Plaintiffs only provide an illustration of Plan 7A.92 That said, to the extent

the Court must draw all reasonable inferences in favor of Plaintiffs, their reference to

“multiple maps” inferentially contemplates Plans 5B and 7—which also add a sixth

majority-minority district—thus, the Court will consider their import on Plaintiffs’ burden at

the pleadings stage.93 With respect to Plans 7 and 7A, the City/Parish argues that these

maps “were drawn with the sole objective of creating a Black-majority district” and, thus,

are “contaminated by the taint of race-based redistricting.”94 The City/Parish argues that

Plan 5B suffers from this same infirmity to the extent it differs only slightly from its parent

map, Plan 5, which Hefner introduced as the result of “aggressive modeling to see what

could be done to add another majority-minority district to the Council demographics.”95 In

response, Plaintiffs note that the City/Parish makes these assertions “without citation to

any sworn evidence.”96

The City/Parish’s point is well taken. Plaintiffs allege no facts to plausibly show

that their relied upon illustrative maps 5B, 7, and 7A, did not use race as a districting

criterion. The public records, of which the Court takes judicial notice, reveal that racial

considerations did, in fact, play a significant role in the creation of these illustrative maps.

With respect to Map 5B, for example, Hefner’s presentation of Plan 5, the parent to 5B,

explicitly noted that the “aggressive modelling” needed “[t]o even get slightly above a 50%

Black total population required considerable changes in the district boundaries.”97

92 Id. at p. 11.

93 Notwithstanding their status as public records, the Court may properly consider these maps to the extent

they are “referred to in the plaintiff’s complaint and are central to [the plaintiffs’] claims. See Collins v.

Morgan Stanley Dean Witter, 224 F.3d 496, 498-99 (5th Cir. 2000).

94 Rec. Doc. No. 18-1, pp. 15-16.

95 Id. at p. 16.

96 Rec. Doc. No. 20, p. 7.

97 Rec. Doc. No. 18-5, p. 1.

“Especially impacted” by these changes, according to Hefner, was District No. 8—which

Plan 5 includes as a toss-up district with a BVA population of 47% and Plan 5B renders a

majority-minority one with a BVA population of 51.6%.98 Tellingly, at the June 29, 2022

redistricting workshop, Hefner voiced concern on the priority that racial considerations

had been given in drawing District 8 for purposes of Plan 5, stating:

“I had a little concern with the way that we had to really go outside the

normal range of boundaries … because we were mostly making these

changes based on how it affected our racial percentages in those districts

and [the] Supreme Court over the years has been fairly specific on that

interpretation of the [VRA].”99

Plaintiffs fail to plausibly allege facts which show that race was not used as a

districting criterion in the creation of Plan 5B. While it is true that Hefner’s comments

were directed at Plan 5B’s parent map—Plan 5—specifically, it is glaring to the Court that

Plan 5B went further than its parent map did in changing the composition of District 8 so

as to achieve a higher total BVA population. Plan 5B is, therefore, “an illustrative map in

which race was used” and “has no value in proving a § 2 plaintiff’s case.”100

The same is true for Plans 7 and 7A. Notably, Hefner’s memorandum for Plan 7

notes that the map is responsive to the request that he “work up a plan that added an

additional majority-minority district using District 1 as the new district.”101 He explicitly

states that “the decisions on which precincts to add or take out were based solely on race

and how it would affect the targeted Black percentages for District 1.”102 Accordingly, Plan

98 Id.

99 June 29, 2022 Redistricting Workshop, https://batonrougela.news.swagit.com/videos/179153 (1:39-

2:10).

100 Callais, 146 S. Ct. at 1159.

101 Rec. Doc. No. 18-6, p. 1.

102 Id.

7 was able to achieve a BVA population percentage of 52.5% for that district.103 Precisely

the same BVA population percentage for District 1 is achieved in Plan 7A.104 Tellingly,

Plans 7 and 7A reach this configuration for District 1 in the same way, which was

explained at the July 27, 2022 redistricting workshop: “District two, in order to make up

for the difference of the minority population [in District 1] … had to go out toward the

central area and start picking up [the non-black] population.”105 Indeed, the only

difference between Plans 7 and 7A is the former’s placement of Precinct 2-11 in District

2, whereas the latter places it in District 5—as such, no change occurs in the

demographics of District 1 (i.e., the opportunity district).106 Accordingly, the City/Parish is

correct in that both Plan 7 and Plan 7A are “contaminated by the taint of race-based

redistricting.”107 The public record documents Hefner’s word of caution to the Metro

Council on this very point, stating: “Districts 1 and 2 [are] indicative that race played a

more predominate factor than just making what changes were necessary to rebalance

the districts [in Plan 7].”108 The Plan 7 maps were thus produced by “a process that would

be unconstitutional if a [jurisdiction] engaged in such mapmaking,” as Hefner warned, and

cannot be relied upon by Plaintiffs to satisfy the first Gingles factor.109

To the extent Plaintiffs present only the “multiple maps presented to the Metro

103 Metro Council website, REDISTRICTING 2022 (https://www.brla.gov/2723/Redistricting-2022) (Plan 7).

104 Id. (Plan 7A).

105 July 27, 2022 Redistricting Workshop, https://batonrougela.news.swagit.com/videos/179154 (0:00-

1:00).

106 See Metro Council website, REDISTRICTING 2022 (https://www.brla.gov/2723/Redistricting-2022) (Plan 7

and Plan 7A); rec. Doc. No. 18-1, p. 15.

107 Rec. Doc. No. 18-1, p. 15. Tellingly, when summarizing his efforts to create Plan 7, Hefner explicitly

noted for the Metro Council that “the objective” was “creating an additional majority-minority district.” Rec.

Doc. No. 18-6, p. 1. Further, he cautioned the Metro Council the Supreme Court has “struck down plans

that used race as the primary or sole criteria in determining which voters are added to or taken out of a

district.” Id.

108 Rec. Doc. No. 18-6, p. 1.

109 Callais, 146 S. Ct. at 1159.

Council … that contain six majority black districts” to satisfy the necessary precondition

of “size and compactness [,]” Plaintiffs have failed to allege sufficient facts to plausibly

meet the first Gingles factor and, thus, to state a claim for relief. The Court must dismiss

Plaintiff’s § 2 claim on that ground.

C. Fourteenth and Fifteenth Amendments

Count two of Plaintiffs’ Complaint challenges the Ordinance as a violation of the

Fourteenth and Fifteenth Amendments to the U.S. Constitution.110 The Equal Protection

Clause of the Fourteenth Amendment prohibits State action that “den[ies] to any person

within its jurisdiction the equal protection of the law.”111 The Fifteenth Amendment

provides that “[t]he right of citizens … to vote shall not be denied or abridged … by any

State on account of race, color, or previous condition of servitude.”112 The focus of the

analytical frameworks for intentional vote dilution cases under both the Fourteenth and

Fifteenth Amendments is the same.113 To state a claim for intentional vote-dilution under

the Constitution, “a plaintiff must plead that the challenged redistricting plan was enacted

with a discriminatory purpose and has discriminatory effects.”114 The gravamen of such

claims, therefore, is that “a particular voting scheme [was enacted] as a purposeful device

to minimize or cancel out the voting potential of racial or ethnic minorities.”115

110 Rec. Doc. No. 1, p. 40.

111 U.S. Const., Amend. XIV.

112 Id., Amend. XV.

113 See Reno v. Bossier Par. Sch. Bd., 520 U.S. 471, 481 (1997) (“Since 1980, a plaintiff bringing a

constitutional vote dilution challenge, whether under the Fourteenth or Fifteenth Amendment, has been

required to establish that the State or political subdivision acted with a discriminatory purpose.”).

114 Petteway v. Galveston, Cnty., 667 F. Supp. 3d 447, 469-70 (S.D. Tex. 2023) (citing Harding, 948 F.3d

at 312).

115 Id. at 470. The Supreme Court has identified a nonexclusive and nonexhaustive list of factors to consider

in determining racially discriminatory intent, including: (1) whether the impact of the decision bears more

heavily on one racial group than another; (2) contemporaneous statements by the decisionmakers; (3) the

historical background of the decision; (4) the sequence of events leading up to the decision and (4) whether

the decision departs from the normal practice. Village of Arlington Heights v. Metro.Hous. Dev. Corp., 429

U.S. 252, 266-68 (1977).

The City/Parish argues that “[t]he Complaint does not contain any allegation that

the Metro Council had any discriminatory intent when it enacted the Ordinance.”116

Plaintiffs respond by directing the Court to their “crystal-clear” allegation of discriminatory

intent, which asserts: “Defendants approved [Plan 4B] so as to dilute the votes of Black

voters and thereby treat voters unequally under its laws.”117 Plaintiffs contend that this

statement sufficiently alleges the Metro Council “singled out a particular group for

disparate treatment and selected [its] course of action at least in part for the purpose of

causing its adverse effect on an identifiable group.”118

The Court disagrees—Plaintiffs’ “statement of discriminatory intent” is conclusory

and, without reference to specific facts, does not suffice to allege a violation of the

Constitution based on intentional discrimination.119 A fair reading of the Complaint,

however, identifies several factual allegations that tend to support Plaintiffs’ claim for

present day intentional discrimination—the “linchpin” for stating a claim under the

Fourteenth and Fifteenth Amendments.120 The Court addresses each in turn.

First, Plaintiffs allege the Metro Council’s adoption of a map “that would place 60%

of the Metro Council seats in white-majority [D]istricts,”121 despite the fact that “the white

voting population of [EBRP] has declined such that they are no longer the majority of

116 Rec. Doc. No. 18-1, p. 24 (emphasis added).

117 Rec. Doc. No. 20, p. 12 (citing Rec. Doc. No. 1, ¶ 187).

118 Rec. Doc. No. 20, p. 12.

119 Mohamed for A.M. v. Irving Indep. Sch. Dist., 252 F. Supp. 3d 602, 623 (N.D. Tex. May 18, 2017)

(“Allegations of discriminatory intent that are merely conclusory without reference to specific facts will not

suffice.”) (cleaned up and internal citation omitted); Cousin v. Day, No. 00-cv-3602, 2001 WL 34059380,

at *11 (E.D. La. Nov. 19, 2001) (“Conclusory allegations ... by themselves do not establish an equal

protection violation without proof of invidious discriminatory intent.”).

120 Louisiana v. Callais, 146 S. Ct. 1131, 1160 n.2 (2026) (stating that the dissenting opinion’s suggestion

that the majority’s constitutional analysis is based only on the Fifteenth Amendment, and not at all on the

Fourteenth either “appears to forget—or at least tries to lead readers to forget—that the decision before us

is based on the Fourteenth Amendment.”).

121 Rec. Doc. No. 1, ¶ 185.

voters in the Parish.”122 This is not enough. It is well-settled that “disproportionate impact

[or discriminatory effect] cannot be the sole touchstone of an intentional discrimination

claim.”123 Yet, that is all that can be gleaned from the proportion of Metro Council seats

the Ordinance situates in majority-white Districts.

Allegations that the Metro Council could have adopted “multiple maps” which

increased the number of majority-minority Districts is no more availing. Instructively, the

Callais Court expressly cautioned against inferring an impermissible motive when all that

is shown is that a jurisdiction “could [have] create[d] an additional majority-minority

district,” but ultimately did not.124 Thus, even if Plaintiffs had presented the Court with

alternative maps that otherwise comport with the constitutional requirements for

redistricting—which it does not—“the [alleged] existence of less dilutive options [is] … not

dispositive of” discriminatory purpose.125 This same reasoning applies to the Metro

Council’s rejection of Plan 6A and the option of a “toss-up district,” which Hefner

commented “may be a plan that has a fair representation of the Black population in the

Parish.”126 Plaintiffs construing this language to allege Hefner “acknowledged that

retaining seven white districts would not be a fair representation of the Black population”

is misleading and unpersuasive. First, “fairness” is not the legal test. Second, a tip of the

122 Id. ¶ 184.

123 Patino v. City of Pasadena, 230 F. Supp. 3d 667, 728 (S.D. Tex. 2017).

124 Callais, 146 S. Ct. at 1159; see Turner v. McKeithen, 490 F.2d 191, 197 n.24 (5th Cir. 1973) (“A minority

group is not constitutionally entitled to one or more ‘safe’ or majority districts simply because an

apportionment scheme could be drawn to reach this result.”).

125 Reno v. Bossier Parish School Bd., 520 U.S. 471, 490 (1997); see Callais, 146 S. Ct. at 1159. If

anything, the Metro Council’s rejection of Plans 5B, 7, and 7A could, very well, have been an attempt to

ensure compliance with the Supreme Court’s jurisprudence cautioning against the use of race as a

predominant factor in redistricting processes—which, as previously discussed, was the case for these

maps. As previously noted, Hefner expressly warned the Metro Council of this consideration on several

occasions.

126 Rec. Doc. No. 18-7, p.1.

fairness scale does not give rise to an inference of discriminatory purpose.127

“Purposeful discrimination requires more than … intent as awareness of

consequences.”128 Alleging the adoption of Plan 4B was done “in spite of” an awareness

that a more fair apportionment could have been achieved does not allege the Metro

Council undertook that course of action “because of its adverse effect” on an EBRP’s

black population.129 It is well-settled the Constitution does not require an apportionment

structure specifically designed to maximize any identifiable group’s political advantage—

majority or minority.130 As such, the mere failure to provide such a structure, without more,

is not (and cannot be) suggestive of a constitutionally proscribed purpose.

Plaintiffs’ pleaded comments from Metro Council’s members that voted against the

creation of a sixth majority-minority district, likewise, do not suffice to show a

discriminatory purpose. While probative in theory, the Fifth Circuit has consistently

warned against crediting the stray statements of a few individual lawmakers as indicia of

a legislative purpose.131 Even then, the relied-upon statements would need to have some

bearing on the legislative body’s harboring a discriminatory or invidious purpose in its

contemplation of the challenged action. That is not what is alleged here. Councilmember

Laurie Adam’s comment that “splitting certain neighborhoods would break up

127 The Court finds the following district court’s statement—though it arises in a distinct context where

discriminatory purpose must be shown—to be persuasive on this point: “[n]ot every unfair or arguably

unreasonable conduct by the state or under color of state law includes the invidious motivation of racial

discrimination as a part of the decision making process.” Stokes v. N.Y. State Dept. of Correctional Servs.,

569 F. Supp. 918, 925 (S.D.N.Y. 1982).

128 Ahmed v. Warden, No. 1:24-cv-1111, 2025 WL 4718807, at *2 (W.D. La. Feb. 24, 2025) (quoting

Ashcroft v. Iqbal, 556 U.S. 662, 676-77 (2009)).

129 Id.

130 Turner v. McKeithen, 490 F.2d 191, 197 (5th Cir. 1973); League of United Latin Am. Citizens v. Abbott,

369 F. Supp. 3d 768, 777 (W.D. Tex. 2019).

131 Jones v. City of Lubbock, 727 F.2d 364, 371 n.3 (5th Cir. 1984) (refusing to infer legislative intent from

the statements of a single member); Artisan/Am. Corp. v. City of Alvin, No. 4:07-cv-2899, 2008 WL

8894683, at *7 (S.D. Tex. Nov. 19, 2008) (“an isolated comment by one decision-maker on a multi-member

board … does not support a finding of discriminatory intent.”).

communities with common interests and make it more difficult for them to advocate for

themselves”132 reflects only the consideration of a permissible topic—“[t]he Supreme

Court … has repeatedly taken communities of interest to be a relevant factor.”133

Likewise, the fact that Councilmember Rowdy Gaudet voted in favor of the Ordinance

despite earlier acknowledging that “I’ve looked at the population numbers and (my district)

saw a tremendous increase and bec[a]me more diverse”134 says nothing to suggest his

vote was prompted by a desire to subvert the political strength of, or otherwise

disadvantage, those diverse communities.

Lastly, the Court considers Plaintiffs’ allegation that the Metro Council “overrode”

Hefner’s recommendation to use the “Any Part Black” method for counting EBRP’s black

population for purposes of redistricting and instead chose an alternative that “excluded

residents who identify as Black and Hispanic” (“non-[H]ispanic DOJ Black” or

“NH_DOJ_Blk”).135 Importantly, the relevant inquiry is not whether the “Any Part Black”

methodology was the most appropriate method for counting EBRP’s Black population,

but whether the Metro Council’s choice to have NH_DOJ_Blk be its primary method for

doing so during the redistricting process is sufficient to plausibly allege discriminatory

purpose. The Court concludes that it is not.

First, the public record reveals that Hefner never recommended a methodology in

which “residents who identify as Black and Hispanic” are included as part of EBRP’s total

Black population. Instead, Hefner informed the Metro Council in a post-workshop

memorandum that two “permissible” aggregation sub-types could be used for counting

132 Rec. Doc. No. 1, ¶ 163.

133 Prejean v. Foster, 227 F.3d 504, 513 n.15 (5th Cir. 2000).

134 Rec. Doc. No. 1, ¶ 164.

135 Rec. Doc. No. 1, ¶¶ 166-73.

the Black community for redistricting purposes.136 The first would “include Black as a

single or any other race” (i.e., Any Part Black), to be compared against the population

classified as “No Part Black.”137 The second would “be just Black and White.”138 At the

February 22, 2022 workshop, however, Hefner explained to the Metro Council that, under

either methodology, his use of the phrase “Black” or “Any Part Black” traditionally reflects

“DOJ non-Hispanic black.”139 For the second aggregation (i.e. “just Black and White”),

specifically, Hefner informed the Metro Council that it could elect to count EBRP’s Black

population as “single race Black” instead of “Any Part Black”—counting only those who

checked “Black” and no other race for the 2020 Census.140 This, he explained, would

result in EBRP’s Black population being lower. In any event, Hefner explained to the

Metro Council that the Justice Department’s “Any Part Black” methodology—which

excludes those who identify as Hispanic and Black—is “the most generous category and

cast[s] the widest net.” Further, Hefner’s post-workshop memorandum provided a chart

reflecting the “2020 Demographics for Current Districts”141—in that chart, EBRP’s black

population was accounted for in line with the “2020 Census Counts” as “NH AP Blk” and

“NH 18+ AP Blk.”142

Thus, it is clear that when Hefner’s post-workshop memorandum informed the

Metro Council that the “Any Part Black [methodology] increased the population and

therefore the percentage that group has in relation to the overall population total,” he did

136 Rec. Doc. No. 18-4, p. 3.

137 Id.

138 Id.

139 February 22, 2022 Redistricting Workshop, https://batonrougela.news.swagit.com/videos/179139

(45:40-45:51) (“I actually do White and I do Black, according to the … Any Part Black that … in 2010 …

was the DOJ non-Hispanic Black.”).

140 Id.

141 Rec. Doc. No. 18-4, p. 1.

142 Id.

so in the context of his workshop explanation that “Any Part Black” is synonymous with

the Justice Department’s “non-Hispanic black” classification—that is, it would account for

those who selected “Black” and any other race, except Hispanic, for the 2020 Census.143

Thus, Plaintiffs’ allegation that the Metro Council “overrode Hefner and chose not to use

the Any Part Black counting method” so as to exclude a segment of the Black-identifying

population is squarely inconsistent with the public record and cannot be credited.144

Plaintiffs have thus failed to allege facts sufficient to suggest the Metro Council’s

adoption of Plan 4B was the product of a discriminatory purpose. Accordingly, the Court

cannot conclude, or reasonably infer, that present day intentional discrimination has been

pleaded. The Court acknowledges Plaintiffs’ thoughtful and thorough recounting of the

history of voting discrimination endured by African Americans in Louisiana and,

specifically, in Baton Rouge. It is undeniable that the stain of generations of racial

oppression is still visible in our society and deeply felt. The Supreme Court’s recent

opinion in Callais, however, makes clear that, notwithstanding a “sordid history of

intentional discrimination [,]” the sine qua non of a vote-dilution constitutional claim must

be the “current conditions” it challenges—in other words, the instant redistricting process.

III. CONCLUSION

For the foregoing reasons, Defendant’s Motion to Dismiss145 is GRANTED and

Plaintiffs’ claims under § 2 of the Voting Rights Act and the U.S. Constitution are

DISMISSED without prejudice.146 Plaintiffs shall have 30 days from the date of this Ruling

143 Rec. Doc. No. 18-4, p. 3.

144 In re CrowdStrike Holdings, Inc. Securities Litig., 816 F. Supp. 3d 683, 699 (W.D. Tex. 2026) (recognizing

courts “cannot credit a plaintiff’s allegations contradicted by … facts subject to judicial notice or incorporated

by reference.”).

145 Rec. Doc. No. 4.

146 Rec. Doc. No. 18.

to amend the deficiencies noted herein.

IT IS SO ORDERED.

Baton Rouge, Louisiana, this _15_t_h d a y o f _ _ _ _ _S_ep_t_em__b_er____, 2026.

S

________________________________

SHELLY D. DICK

CHIEF DISTRICT JUDGE

MIDDLE DISTRICT OF LOUISIANA

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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