David Archie Appeal
David Archie Appeal
David Archie Appeal
v. CAUSE N0.:_~----'-1_-0.--:::s:.,__<f_
HINDS COUNTY BOARD OF SUPERVISORS
HINDS COUNTY, MISSISSIPPI APPELLEE
NOTICE OF APPEAL
(BILL OF EXCEPTIONS)
Archie ("Appellant"), by and through the undersigned counsel, hereby files his Notice of Appeal
of the resolution of the Hinds County Board of Supervisors, Hinds County, Mississippi
("Appellee") at its September 29, 2021 meeting concerning "the election of President and Vice
Mississippi).
STATEMENT OF FACTS
4. At the beginning of2021, the then-Vice President Credell Calhoun ascended to the
Presidency of the Hinds County Board of Supervisors. And, Appellant was voted as the Vice
President.
5. Aggrieved with the way Appellant, inter alia, speak and handle business, Appellee
voted to remove Appellant from serving as the Vice President of the Hinds County Board of
Supervisors.
6. Appellee failed to identify or state any reason or reasons for its actions. Appellee
failed to provide any type of formal hearing. Appellee failed to provide Appellant any opportunity
to be heard whatsoever.
because it did not conform with the Fourteenth Amendment due process requirements.
and invalid because it was not made with a supermajority vote-that is a 2/3 vote of the Hinds
9. The due process clause of the 14th Amendment provides that no state actor, such
as the Hinds County Board of Supervisors, shall "deprive any person of life, liberty, or property,
without due process of law." But just what is "due process" can be hard to define.
implicate the 14th Amendment and are not justiciable in federal court. Out of respect for federalism
- specifically the Board of Supervisors' primary responsibility for conducting business and
handling its internal affairs - federal courts simply do not play a role in reviewing minor
irregularities, even when they might impact the outcome. Instead, it is the province of the state
Case: 25CI1:21-cv-00634-EFP Document #: 2 Filed: 10/07/2021 Page 3 of 6
courts to sort out the many isolated, unintentional, and sometimes unavoidable errors that often
11. Major irregularities of Boards of Supervisors and the way they act can lead to due
process violations. Although courts have yet to agree on a standard, many Boards of Supervisors'
due process violations share two common elements. First, an established policy or rule with a
common understanding- such as the resolution stating the Vice President ascent to the Presidency
- is in place before a Board's actions. Second, a Board changes or ignores this established rule
without sufficient justification and acts arbitrarily and capriciously. Such a change disrupts the
"reliance interests" of those voters who cast ballots and those who are serving on the Board, or of
those who otherwise would have cast ballots. When these two elements exist, courts may find that
12. Appellant possessed a liberty interest to be able to work as the Vice President of
the Hinds County Supervisor without being forced to be silent, complicit in what he believes to be
inappropriate spending, etc. Additionally, Appellant possessed a liberty interest to be able to speak
13. Appellant asserts that his open allegations of corruption of elected officials have
led to the retaliation against him and the removal of him from the Vice-Presidency, since he will
14. Appellant asserts that heated arguments or strong disagreement between Board
15. Finally, Appellee did not have a supermajority vote (2/3 vote) to remove Appellant
from the Vice-Presidency. As such, Appellant's removal from the Vice-Presidency was not valid.
Case: 25CI1:21-cv-00634-EFP Document #: 2 Filed: 10/07/2021 Page 4 of 6
DESIGNATION OF RECORD
a. Minutes, all notes, transcripts, and recordings from the Hinds County Board of
b. Minutes, all notes, transcripts, and recordings from the Hinds County Board of
c. Minutes, all notes, transcripts, and recordings from the Hinds County Board of
d. Minutes, all notes, transcripts, and recordings from the Hinds County Board of
Supervisors' September 29, 2021 Meeting, specifically related to the removal of Vice
e. All documents considered by the Appellee in reaching its decision to remove Appellant
f. All documents submitted to the Appellee regarding the removal of Appellant from the
Vice Presidency.
g. All correspondence, including but not limited to emails, text messages, and memos,
between and/or amongst the Appellee concerning the removal of Appellant from the
Vice Presidency.
Case: 25CI1:21-cv-00634-EFP Document #: 2 Filed: 10/07/2021 Page 5 of 6
OF COUNSEL:
CERTIFICATE OF SERVICE
I, Terris C. Harris, one of the attorneys for David L. Archie, hereby certifY that I have