Opinion

Earl Panior and William M. Johnson, on Behalf of Themselves and All Others Similarly Situated v. The Iberville Parish School Board, Etc.

  • 498 F.2d 1232
Court
Court of Appeals for the Fifth Circuit
Filed
Aug 13, 1974
Status
Published
On the bench
Brown, Rives, Dyer
Cited by
11 cases

noting that "federal courts have consistently held elected state boards of education and local school boards bound by the 'one person, one vote' standard"

How later courts described this case

  • noting that "federal courts have consistently held elected state boards of education and local school boards bound by the 'one person, one vote' standard"

Written by the judges who cited it.

The opinion

ON PETITION FOR REHEARING ORDER

The Petition for Rehearing is denied. But the Court does wish to make clear that it did not mean to require earlier action with respect to pre1972 carry-over members than was allowable as to those elected under the 1972 plan. The “earliest possible time” need not be “immediate” and may be considered by the District Judge to be the same for each in order to continue the body in existence pending adoption of a new constitutional plan. The Court meant only that members elected under an impermissible plan may not be carried over (without re-election) into a new plan, regardless of the new plan’s acceptability, simply to provide “continuity”.

APPENDIX

IBERVILLE PARISH SCHOOL BOARD ELECTION DISTRICTS IN EFFECT AFTER MAY 1, 1973

DISTRICT BOARD MEMBERS PER ELECTION DISTRICT POPULATION OF ELECTION DISTRICT * POPULATION PER BOARD MEMBER IDEAL POPULATION PER BOARD MEMBER PERCENTAGE DEVIATION FROM IDEAL

A 2.366 2.366 2.050 +15.36%

B 2.367 2.367 2.050 +15.36%

C 2,096 2.096 2.050 +2.24%

D 1,797 1,797 2.050 —12.34%

E 4,183 2,091 2.050 +2.00%

F 2,026 2,026 2.050 —1.17%

G 2,216 2,216 2.050 +8.09%

H 2,146 2,146 2.050 +4.68%

I 1,597 1,597 2.050 —22.09%

J 1,618 1,618 2.050 —21.07%

K 4,171 2,035 2.050 —0.73%

L 4,193 2.096 2.050 +2.24%

Iberville Parish School Board Statistics Incorporated in resolution of February 8, 1972 adopting new plan R. 58, 60-61.

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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