benavidez final

8/14/2019 Benavidez Final

1/57

IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

MANUEL A. BENAVIDEZ,

Plaintiff

V.

THE CITY OF IRVING, TEXAS and CIVIL ACTION NO. 3:07 CV 1850-P

HERBERT A. GEARS, THOMAS D.

SPINK, ELIZABETH (BETH) VAN

DUYNE, ALLAN E. MEAGHER, LEWIS

PATRICK, ROSE CANNADAY, RICK

STOPPER, SAM SMITH, and JOE

PHILIPP, in their official capacities,

Defendants

FINAL JUDGMENT

Pursuant to the Courts Order filed July 15, 2009, the Courts initial judgment entered

that same day, the Memorandum of Agreement of the parties dated September 3, 2009, and the

Courts finding that the election system and districting plan set forth in this judgment was

precleared by the Attorney General of the United States pursuant to section 5 of the Voting

Rights Act, 42 U.S.C. 1973c, on February 3, 2010, the Court issues judgment as follows:

1. The City of Irvings current at-large method of electing members to the City Council in

which all eight members of the council and the mayor are elected by the voters of the

entire city violates section 2 of the Voting Rights Act.

2. The City of Irving is enjoined from administering, implementing, or conducting any

future City Council elections under a system where all members of the City Council are

elected at-large.

Case 3:07-cv-01850-P Document 89 Filed 02/02/2010 Page 1 of 3


2/57


3/57

3

7. Attorneys fees in the amount of $200,000, which amount is inclusive of attorneys fees,

expenses, costs, and any other monetary liability of the City of Irving to plaintiff arising

from the claims presented in this litigation, are awarded to plaintiff.

IT IS SO ORDERED.

Signed this 3rd

day of February 2010.

_________________________________JORGE A. SOLISUNITED STATES DISTRICT JUDGE

Approved as to form and content:

s/ William A. Brewer IIIWilliam A. Brewer IIIMichael L. SmithMichael VeeserBICKEL & BREWER STOREFRONT, P.L.L.C.1717 Main Street, Suite 4800Dallas, Texas 75201Attorneys for Plaintiff

s/ C. Robert HeathC. Robert HeathBICKERSTAFF HEATHDELGADO ACOSTA LLP3711 S. MoPac ExpresswayBuilding One, Suite 300Austin, Texas 78746

Charles R. AndersonCity AttorneyCITY OF IRVING, TEXAS825 W. Irving BoulevardIrving, Texas 75060

Attorneys for Defendants

Case 3:07-cv-01850-P Document 89 Filed 02/02/2010 Page 3 of 3


4/57


5/57

Case 3:07-cv-01850-P Document 89-2 Filed 02/02/2010 Page 2 of 54


6/57



7/57


8/57



9/57



10/57



11/57



12/57



13/57



14/57



15/57



16/57



17/57



18/57



19/57



20/57



21/57



22/57



23/57



24/57



25/57



26/57



27/57



28/57



29/57


30/57



31/57



32/57



33/57


34/57



35/57



36/57



37/57


38/57



39/57



40/57



41/57



42/57



43/57



44/57



45/57



46/57



47/57



48/57



49/57



50/57



51/57



52/57



53/57



54/57



55/57



56/57



57/57


benavidez final

Documents