Case: Johnson v. Bush

1:00-cv-03542 | U.S. District Court for the Southern District of Florida

Filed Date: Sept. 22, 2000

Clearinghouse coding complete

Case Summary

On September 22, 2000, eight plaintiffs filed a civil complaint in the U.S. District Court for the Southern District of Florida. All the plaintiffs had felony convictions, had completed their sentences, and had not had restoration of their civil rights to register and vote. In the complaint, they challenged the Florida constitution's felony disenfranchisement provision under the federal Voting Rights Act ("VRA"), 42 U.S.C. § 1973, and the First, Fourteenth, Fifteenth, and Twenty-fourth Amendm…

On September 22, 2000, eight plaintiffs filed a civil complaint in the U.S. District Court for the Southern District of Florida. All the plaintiffs had felony convictions, had completed their sentences, and had not had restoration of their civil rights to register and vote. In the complaint, they challenged the Florida constitution's felony disenfranchisement provision under the federal Voting Rights Act ("VRA"), 42 U.S.C. § 1973, and the First, Fourteenth, Fifteenth, and Twenty-fourth Amendments to the U.S. Constitution. They contended that the state's disenfranchisement law violated prohibitions on racial discrimination and, through a restoration of civil rights process that requires payment of restitution debts prior to restoration of voting rights, effectively imposed an improper poll tax and wealth qualification on voting. State and county officials having responsibility for conducting elections in Florida and the state officials comprising the clemency board were named as defendants in the case. All defendants were sued in their official capacities. The plaintiffs sought class action status for their case and requested declaratory and injunctive relief from the court. Plaintiffs were represented by private counsel and attorneys from the Brennan Center for Justice at New York University School of Law and from the Lawyers' Committee for Civil Rights under Law.

The parties conducted discovery and plaintiffs offered their experts' opinions that the Florida disenfranchisement enactments had a racially discriminatory intent and effect. In January 2002, the state moved for summary judgment and, two weeks later, the defendants cross-moved for summary judgment.

On July 18, 2002, the district court granted the state's motion for summary judgment on both the statutory and constitutional issues. Johnson v. Bush, 214 F. Supp.2d 1333 (S.D. Fl. 2002) (District Judge James Lawrence King). Judge King found that Supreme Court and Eleventh Circuit precedent required denial of the plaintiffs' Fourteenth Amendment claims as to alleged due process and equal protection clause violations, particularly in view of section 2 of that Amendment, which affirmatively sanctioned felon disenfranchisement. Likewise, the judge rejected the plaintiffs' other constitution-based challenges. He found that plaintiffs' evidence of a racially-discriminatory purpose in the 1868 enactment of the disenfranchisement provision was undercut by the 1968 re-enactment of that provision for racially-neutral reasons. Judge King found that the VRA claim could also be dismissed, as the plaintiffs had been unable to show that their being denied the right to vote turned on their race, as opposed to a racially neutral cause, i.e., the plaintiffs disenfranchised themselves by committing a felony. The judge rejected plaintiffs' claim that voting was improperly conditioned on wealth, saying that they had already lost the right to vote by means of their felonious conduct and that it was the possible restoration of that right, not the voting itself, which was conditioned upon restitution payment (and which payment, under an available administrative mechanism, could be waived by the state).

The plaintiffs appealed to the U.S. Circuit Court for the Eleventh Circuit. A divided panel of that court upheld the poll tax portion of the earlier decision but otherwise reversed the district court on December 19, 2003. The court said that the plaintiffs' evidence established that disputed issues of fact existed to be resolved, making summary judgment inappropriate. The majority of the panel felt that evidence of the circumstances of the 1968 re-enactment of the disenfranchisement provision of the Florida constitution was not sufficiently clear to break the causal chain of racial discrimination that they saw as motivating the provision's original enactment in 1868. Similarly, the panel ruled that the VRA statutory claim should not have been summarily decided, given the totality of the circumstances and the plaintiffs' evidence. Johnson v. Bush, 353 F.3d 1287 (11th Cir. 2003) (Circuit Judge Rosemary Barkett).

On July 20, 2004, the Eleventh Circuit vacated the panel's decision and ordered rehearing en banc. Johnson v. Bush, 353 F.3d 1163 (11th Cir. 2004) (en banc). Rehearing resulted in the full Eleventh Circuit's opinion affirming summary judgment for the state. Johnson v. Bush, 405 F.3d 1214 (11th Cir. 2004) (en banc). Circuit Judge Phyllis A. Kravitch, who had been the dissenter to the panel opinion, wrote the majority en banc opinion. It stated that the 1968 amended version of the felon disenfranchisement provision removed any equal protection taint from the original version of the enactment. The court noted that Florida's felon disenfranchisement law pre-dated the civil war and was enacted when blacks could not vote, regardless of criminal record. To the majority, this observation, together with what the court saw as a dearth of contemporary commentary suggesting racial motivations for the 1868 retention of the disenfranchisement provision, undercut the persuasiveness of the plaintiffs' experts. Moreover, the majority found that the1986 re-enactment of the provision substantially altered it and occurred without evidence of racial bias. Additionally, the majority ruled that the VRA prohibition against voting qualifications that result in the abridgment of the right to vote on account of a person's race did not apply to Florida's felon disenfranchisement provision. To rule otherwise would allow a congressional enactment overrule a federal constitutional provision (Section 2 of the Fourteenth Amendment) and would be contrary to legislative intent , in the view of the majority. Concurring, Circuit Judge Gerald B. Tjoflat wrote that the cause of the denial of the right to vote to felons in Florida consists entirely of their conviction, not their race.

The plaintiffs sought review by the U.S. Supreme Court, but the application for a writ of certiorari was denied. Johnson v. Bush, 546 U.S. 1015 (2005).

A post-remand effort to re-open the judgment was denied by the district court in December 2006. Judge King also then denied a certificate of appealability, according to the district court's docket sheet. A May 2007 motion to reconsider the case was also denied. Appeals of these rulings were dismissed for failure to pay filing fees. In August 2007, another motion to re-open the case was filed, followed by an October 2007, memorandum in support.

The district court repeatedly denied Defendant Rivera's motion to reopen the case. The United States Court of Appeals denied the Defendant's motion to reopen for failing to pay the requisite filling fees. On July 14, 2008 the Court of Appeals dismissed the case for want of prosecution. The case is now closed.

Summary Authors

Justin Benson (3/2/2012)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/11506647/parties/johnson-v-governor-of-florida/


Judge(s)

Anderson, Robert Lanier III (Georgia)

Barkett, Rosemary (Florida)

Birch, Stanley F. Jr. (Georgia)

Black, Susan Harrell (Florida)

Carnes, Edward Earl (Alabama)

Dubina, Joel Fredrick (Alabama)

Edmondson, James Larry (Georgia)

Fullam, John Patrick (Pennsylvania)

Hull, Frank M. (Georgia)

King, James Lawrence (Florida)

Judge(s)

Anderson, Robert Lanier III (Georgia)

Barkett, Rosemary (Florida)

Birch, Stanley F. Jr. (Georgia)

Black, Susan Harrell (Florida)

Carnes, Edward Earl (Alabama)

Dubina, Joel Fredrick (Alabama)

Edmondson, James Larry (Georgia)

Fullam, John Patrick (Pennsylvania)

Hull, Frank M. (Georgia)

King, James Lawrence (Florida)

Kravitch, Phyllis A. (Georgia)

Pryor, William Holcombe Jr. (Alabama)

Tjoflat, Gerald Bard (Florida)

Wilson, Charles R. (Florida)

Attorneys(s) for Plaintiff

Allen, Jessie (New York)

Borgen, Lori Outzs (District of Columbia)

Diamond, Gregory A. (New York)

Dingle, Shanya (New York)

Earls, Anita S. (North Carolina)

Ehrlich, Jeffrey Paul (Florida)

Fineman, Cara J. (District of Columbia)

Gallagher, Philip (New York)

Goldberg, Deborah A. (New York)

Green, James K. (Florida)

Greenbaum, Jon M. (District of Columbia)

Hodgkiss, Anita S. (District of Columbia)

Johnson, James E. (New York)

Levitt, Justin (New York)

Metzger, Gillian E. (New York)

Moustakis, Caroline H. (New York)

Neuborne, Burt (New York)

Northup, Nancy (New York)

Rohlik, Philip (New York)

Still, Edward (District of Columbia)

Weiser, Jennifer R. (New Jersey)

Weiss, Catherine (New York)

Zollo, Nina Marie (Florida)

Attorneys(s) for Defendant

Bloch, Jason Edward (Florida)

Brand, Rachel L. (District of Columbia)

Buschel, Robert Craig (Florida)

Campbell, Mary Helen (Florida)

Candela, William X. (Florida)

Carvin, Michael Anthony (District of Columbia)

Cirullo, Michael David Jr. (Florida)

Cooper, Charles Justin (District of Columbia)

Cotton, Thomas B. (District of Columbia)

Ginsburg, Robert A (Florida)

Goren, Samuel Stuart (Florida)

Hancock, Paul F. (District of Columbia)

Harvey, Walter James (Florida)

Hume, Hamish P.M. (District of Columbia)

Labasky, Ronald Albert (Florida)

Lindsay, Alvin F. III (Florida)

Ott, Robert M. (Florida)

Pittman, Robert Wayne (Florida)

Shaffer, Derek L. (District of Columbia)

Steg, Betsy M (Florida)

Thompson, David H. (District of Columbia)

Waas, George Lee (Florida)

Wagner, David (Florida)

Wysong, Danna (Florida)

Other Attorney(s)

Benjamin, James J. (California)

Chung, Nancy (California)

Cosgrove, John Russel-Cotes (California)

Engelmayer, Paul Adam (New York)

Gross, Mark L. (District of Columbia)

Guthridge, Clay G. (District of Columbia)

McCarty, Mark A. (Georgia)

Schwartz, Stacey Michelle (Florida)

Treat, Charles S. (California)

Documents in the Clearinghouse

Document

1:00-cv-03542

Docket [PACER]

Johnson v. Governor of Florida

Dec. 1, 2008

Dec. 1, 2008

Docket
1

1:00-cv-03542

Complaint - Class Action

Sept. 22, 2000

Sept. 22, 2000

Complaint
239

1:00-cv-03542

Order Granting Defendants' Motion for Summary Judgment

214 F.Supp.2d 1333

July 18, 2002

July 18, 2002

Order/Opinion

02-14469

USCA Order

Johnson v. Governor of State of Fla.,

U. S. Court of Appeals for the Eleventh Circuit

353 F.3d 1287

Dec. 19, 2003

Dec. 19, 2003

Order/Opinion

02-14469

USCA Opinion

Johnson v. Governor of Florida

U. S. Court of Appeals for the Eleventh Circuit

377 F.3d 1163

July 20, 2004

July 20, 2004

Order/Opinion

02-14469

USCA Opinion

Johnson v. Governor of State of Florida

U. S. Court of Appeals for the Eleventh Circuit

405 F.3d 1214

April 12, 2005

April 12, 2005

Order/Opinion

05-00212

Petition for Writ of Certiorari

Supreme Court of the United States

Aug. 10, 2005

Aug. 10, 2005

Pleading / Motion / Brief

05-00212

Cert. Denied.

Supreme Court of the United States

546 U.S. 1015

Nov. 14, 2005

Nov. 14, 2005

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11506647/johnson-v-governor-of-florida/

Last updated July 23, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; FILING FEE $150.00 RECEIPT # 828654; A-7; JJO (Former Deputy Clerk) (Entered: 09/22/2000)

Sept. 21, 2000

Sept. 21, 2000

Clearinghouse

Magistrate identification: Magistrate Judge John J. O'Sullivan (Former Deputy Clerk)

Sept. 21, 2000

Sept. 21, 2000

PACER
2

MOTION by Thomas Johnson, Derrick Andre Thomas, Eric Robinson, Omali Yeshitela, Adam Hernandez, Kathryn Williams-Carpenter, Jau'dohn Hicks, John Hanes for Gillian E. Metzger to appear pro hac vice (Former Deputy Clerk) (Entered: 09/22/2000)

Sept. 21, 2000

Sept. 21, 2000

PACER

Filing Fee Paid; FILING FEE $ 75.00 RECEIPT # 828653 (Former Deputy Clerk)

Sept. 21, 2000

Sept. 21, 2000

PACER
3

MOTION by Thomas Johnson, Derrick Andre Thomas, Eric Robinson, Omali Yeshitela, Adam Hernandez, Kathryn Williams-Carpenter, Jau'dohn Hicks, John Hanes for Nancy Northup to appear pro hac vice (Former Deputy Clerk) (Entered: 09/22/2000)

Sept. 21, 2000

Sept. 21, 2000

PACER

Filing Fee Paid; FILING FEE $ 75.00 RECEIPT # 828652 (Former Deputy Clerk)

Sept. 21, 2000

Sept. 21, 2000

PACER
4

MOTION by Thomas Johnson, Derrick Andre Thomas, Eric Robinson, Omali Yeshitela, Adam Hernandez, Kathryn Williams-Carpenter, Jau'dohn Hicks, John Hanes for Phillip G. Gallagher to appear pro hac vice (Former Deputy Clerk) (Entered: 09/22/2000)

Sept. 21, 2000

Sept. 21, 2000

PACER

Filing Fee Paid; FILING FEE $ 75.00 RECEIPT # 828651 (Former Deputy Clerk)

Sept. 21, 2000

Sept. 21, 2000

PACER
5

ORDER granting [4-1] motion for Phillip G. Gallagher to appear pro hac vice ( Signed by Judge James Lawrence King on 9/25/00) CCAP [EOD Date: 9/27/00] (Former Deputy Clerk) (Entered: 09/27/2000)

Sept. 26, 2000

Sept. 26, 2000

PACER
6

ORDER granting [3-1] motion for Nancy Northup to appear pro hac vice ( Signed by Judge James Lawrence King on 9/25/00) CCAP [EOD Date: 9/27/00] (Former Deputy Clerk) (Entered: 09/27/2000)

Sept. 26, 2000

Sept. 26, 2000

PACER
7

ORDER granting [2-1] motion for Gillian E. Metzger to appear pro hac vice ( Signed by Judge James Lawrence King on 9/25/00) CCAP [EOD Date: 9/27/00] (Former Deputy Clerk) (Entered: 09/27/2000)

Sept. 26, 2000

Sept. 26, 2000

PACER
8

MOTION by Deborah Clark for Betsy M. Steg to appear pro hac vice (Former Deputy Clerk) (Entered: 11/03/2000)

Nov. 2, 2000

Nov. 2, 2000

PACER

Filing Fee Paid; FILING FEE $ 75.00 RECEIPT # 831147 (Former Deputy Clerk)

Nov. 2, 2000

Nov. 2, 2000

PACER
9

MEMORANDUM by Deborah Clark in support of [8-1] motion for Betsy M. Steg to appear pro hac vice (Former Deputy Clerk) (Entered: 11/03/2000)

Nov. 2, 2000

Nov. 2, 2000

PACER
10

MOTION by Deborah Clark for waiver of rule to have local counsel (Former Deputy Clerk) (Entered: 11/03/2000)

Nov. 2, 2000

Nov. 2, 2000

PACER
11

ORDER granting [8-1] motion for Betsy M. Steg to appear pro hac vice ( Signed by Judge James Lawrence King on 11/9/00) CCAP [EOD Date: 11/15/00] (Former Deputy Clerk) (Entered: 11/15/2000)

Nov. 14, 2000

Nov. 14, 2000

PACER
12

SUMMONS(ES) issued for Thomas Gallagher (Former Deputy Clerk) (Entered: 11/17/2000)

Nov. 16, 2000

Nov. 16, 2000

PACER
13

JOINT MOTION by All Plaintiffs, All Defendants to enter scheduling order (Former Deputy Clerk) (Entered: 11/28/2000)

Nov. 27, 2000

Nov. 27, 2000

PACER
14

MOTION by Deborah Clark to extend time to answer or other responsive pleading to the complaint (Former Deputy Clerk) (Entered: 11/28/2000)

Nov. 27, 2000

Nov. 27, 2000

PACER
15

MOTION by Thomas Johnson, Derrick Andre Thomas, Eric Robinson, Omali Yeshitela, Adam Hernandez, Kathryn Williams-Carpenter, Jau'dohn Hicks, John Hanes for Lori Outzs Borgen to appear pro hac vice (Former Deputy Clerk) (Entered: 11/28/2000)

Nov. 27, 2000

Nov. 27, 2000

PACER
16

MOTION by Thomas Johnson, Derrick Andre Thomas, Eric Robinson, Omali Yeshitela, Adam Hernandez, Kathryn Williams-Carpenter, Jau'dohn Hicks, John Hanes for Edward Still to appear pro hac vice (Former Deputy Clerk) (Entered: 11/28/2000)

Nov. 27, 2000

Nov. 27, 2000

PACER

Filing Fee Paid; FILING FEE $ 75.00 RECEIPT # 832172 (Former Deputy Clerk)

Nov. 27, 2000

Nov. 27, 2000

PACER
17

SCHEDULING ORDER FOR ANSWERS AND MOTIONS TO DISMISS reset answer or motions to dismiss dur for 1/5/01 for Deborah Clark, for William Cowles, for David C. Leahy, for Pam Iorio, for Jane Carroll, for Beverly Hill, for Thomas Gallagher, for Robert Crawford, for William Nelson, for Robert Milligan, for Robert Butterworth, for Secretary of State, for Governor of Florida, and Response to motion to dismiss is due bye 1/26/01 (Signed by Judge James Lawrence King on 11/28/00) CCAP [EOD Date: 11/29/00] (Former Deputy Clerk) (Entered: 11/29/2000)

Nov. 28, 2000

Nov. 28, 2000

PACER
18

ORDER granting [15-1] motion for Lori Outzs Borgen to appear pro hac vice ( Signed by Judge James Lawrence King on 11/29/00) CCAP [EOD Date: 11/30/00] (Former Deputy Clerk) (Entered: 11/30/2000)

Nov. 29, 2000

Nov. 29, 2000

PACER
19

ORDER granting [16-1] motion for Edward Still to appear pro hac vice (Signed by Judge James Lawrence King on 11/29/00) CCAP [EOD Date: 11/30/00] (Former Deputy Clerk) (Entered: 11/30/2000)

Nov. 29, 2000

Nov. 29, 2000

PACER
20

Waiver of service executed by William Cowles 9/26/00 Answer due by 11/25/00 for William Cowles (Former Deputy Clerk) (Entered: 12/05/2000)

Dec. 1, 2000

Dec. 1, 2000

PACER
21

Waiver of service executed by Jane Carroll 9/26/00 Answer due by 11/25/00 for Jane Carroll (Former Deputy Clerk) (Entered: 12/05/2000)

Dec. 1, 2000

Dec. 1, 2000

PACER
22

Waiver of service executed by Pam Iorio (Attorney-Mary Helen Campbell) 9/26/00 Answer due by 11/25/00 for Pam Iorio (Former Deputy Clerk) (Entered: 12/05/2000)

Dec. 1, 2000

Dec. 1, 2000

PACER
23

MOTION by Beverly Hill for Robert M. Ott to appear pro hac vice (Former Deputy Clerk) (Entered: 12/06/2000)

Dec. 5, 2000

Dec. 5, 2000

PACER

Filing Fee Paid; FILING FEE $ 75.00 RECEIPT # 832758 (Former Deputy Clerk)

Dec. 5, 2000

Dec. 5, 2000

PACER
24

MOTION by Beverly Hill for waiver of Local Rule 4B requiring designation of local counsel (Former Deputy Clerk) (Entered: 12/06/2000)

Dec. 5, 2000

Dec. 5, 2000

PACER
25

MEMORANDUM by Beverly Hill in support of [23-1] motion for Robert M. Ott to appear pro hac vice (Former Deputy Clerk) (Entered: 12/06/2000)

Dec. 5, 2000

Dec. 5, 2000

PACER
26

RETURN OF SERVICE executed as to Robert Crawford By Serving: Richard Tritschler 11/28/00 Answer due on 1/27/01 for Robert Crawford (Former Deputy Clerk) (Entered: 12/14/2000)

Dec. 13, 2000

Dec. 13, 2000

PACER
27

RETURN OF SERVICE executed as to Thomas Gallagher By Serving: Mike Olenick as General Counsel 11/28/00 Answer due on 1/27/01 for Thomas Gallagher (Former Deputy Clerk) (Entered: 12/14/2000)

Dec. 13, 2000

Dec. 13, 2000

PACER
28

RETURN OF SERVICE executed as to Secretary of State By Serving: Gerald York 11/22/00 Answer due on 1/21/01 for Secretary of State (Former Deputy Clerk) (Entered: 12/14/2000)

Dec. 13, 2000

Dec. 13, 2000

PACER
29

RETURN OF SERVICE executed as to Governor of Florida By Serving: Daniel Woodring (assistant General Counsel) 11/22/00 Answer due on 1/21/01 for Governor of Florida (Former Deputy Clerk) (Entered: 12/14/2000)

Dec. 13, 2000

Dec. 13, 2000

PACER
30

RETURN OF SERVICE executed as to Robert Milligan By Serving: Rob Beitler (General Counsel) 11/22/00 Answer due on 1/21/01 for Robert Milligan (Former Deputy Clerk) (Entered: 12/14/2000)

Dec. 13, 2000

Dec. 13, 2000

PACER
31

RETURN OF SERVICE executed as to William Nelson 11/28/00 Answer due on 1/27/01 for William Nelson (Former Deputy Clerk) (Entered: 12/14/2000)

Dec. 13, 2000

Dec. 13, 2000

PACER
32

ORDER granting [24-1] motion for waiver of Local Rule 4B requiring designation of local counsel, granting [23-1] motion for Robert M. Ott to appear pro hac vice ( Signed by Judge James Lawrence King on 12/13/00) CCAP [EOD Date: 12/14/00] (Former Deputy Clerk) (Entered: 12/14/2000)

Dec. 13, 2000

Dec. 13, 2000

PACER
33

NOTICE of attorney appearance for Secretary of State by Alvin F. Lindsay III., Robert Wayne Pittman, Walter James Harvey (Former Deputy Clerk) (Entered: 12/18/2000)

Dec. 15, 2000

Dec. 15, 2000

PACER
34

AGREED MOTION by Secretary of State to extend time to serve response to the complaint (Former Deputy Clerk) (Entered: 12/18/2000)

Dec. 15, 2000

Dec. 15, 2000

PACER
35

ORDER granting [34-1] motion to extend time to serve response to the complaint reset answer due for 1/4/01 for Secretary of State (Signed by Judge James Lawrence King on 12/20/00) CCAP [EOD Date: 12/21/00] (Former Deputy Clerk) (Entered: 12/21/2000)

Dec. 20, 2000

Dec. 20, 2000

PACER
36

MOTION by All Plaintiffs for class certification (Former Deputy Clerk) (Entered: 12/27/2000)

Dec. 26, 2000

Dec. 26, 2000

PACER
37

MOTION by All Plaintiffs to dismiss Omali Yeshitela from this action as a Plaintiff and Deborah Clark as a named defendant (Former Deputy Clerk) (Entered: 12/27/2000)

Dec. 26, 2000

Dec. 26, 2000

PACER
38

MEMORANDUM by All Plaintiffs in support of [37-1] motion to dismiss Omali Yeshitela from this action as a Plaintiff and Deborah Clark as a named defendant (dr, Deputy Clerk) (Entered: 12/27/2000)

Dec. 26, 2000

Dec. 26, 2000

PACER
39

MOTION by Governor of Florida, Secretary of State, Robert Butterworth, Robert Milligan, William Nelson, Robert Crawford, Thomas Gallagher, Beverly Hill, Jane Carroll, Pam Iorio, David C. Leahy, William Cowles, Deborah Clark for Charles J. Cooper to appear pro hac vice (Former Deputy Clerk) (Entered: 01/02/2001)

Dec. 29, 2000

Dec. 29, 2000

PACER

Filing Fee Paid; FILING FEE $ 75.00 RECEIPT # 834221 (Former Deputy Clerk)

Dec. 29, 2000

Dec. 29, 2000

PACER
40

MOTION by Deborah Clark to dismiss the case (Former Deputy Clerk) (Entered: 01/03/2001)

Jan. 2, 2001

Jan. 2, 2001

PACER
41

MEMORANDUM by Deborah Clark in support of [40-1] motion to dismiss the case (Former Deputy Clerk) (Entered: 01/03/2001)

Jan. 2, 2001

Jan. 2, 2001

PACER
42

ANSWER to Complaint by David C. Leahy (Attorney Jason Edward Bloch) (Former Deputy Clerk) (Entered: 01/03/2001)

Jan. 2, 2001

Jan. 2, 2001

PACER
43

ORDER granting [39-1] motion for Charles J. Cooper to appear pro hac vice (Signed by Judge James Lawrence King on 1/3/01) CCAP [EOD Date: 1/4/01] (Former Deputy Clerk) (Entered: 01/04/2001)

Jan. 3, 2001

Jan. 3, 2001

PACER
44

MOTION by David C. Leahy to Adopt Motion of Other Defendants; Deborah Clark, Supervisor of Elections of Pinellas County, Florida's motion to dismiss and Clemency Board of Florida's motion to dismiss (Former Deputy Clerk) (Entered: 01/05/2001)

Jan. 4, 2001

Jan. 4, 2001

PACER
45

MOTION by William Nelson to dismiss the case (Former Deputy Clerk) (Entered: 01/05/2001)

Jan. 4, 2001

Jan. 4, 2001

PACER
46

MOTION by Governor of Florida, Secretary of State, Robert Butterworth, Robert Milligan, William Nelson, Robert Crawford, Thomas Gallagher, Beverly Hill, Jane Carroll, Pam Iorio, David C. Leahy, William Cowles, Deborah Clark for David H. Thompson to appear pro hac vice (Former Deputy Clerk) (Entered: 01/08/2001)

Jan. 5, 2001

Jan. 5, 2001

PACER

Filing Fee Paid; FILING FEE $ 75.00 RECEIPT # 834420 (Former Deputy Clerk)

Jan. 5, 2001

Jan. 5, 2001

PACER
47

MOTION by Governor of Florida, Secretary of State, Robert Butterworth, Robert Milligan, William Nelson, Robert Crawford, Thomas Gallagher, Beverly Hill, Jane Carroll, Pam Iorio, David C. Leahy, William Cowles, Deborah Clark for Rachel L. Brand to appear pro hac vice (Former Deputy Clerk) (Entered: 01/08/2001)

Jan. 5, 2001

Jan. 5, 2001

PACER

Filing Fee Paid; FILING FEE $ 75.00 RECEIPT # 834422 (Former Deputy Clerk)

Jan. 5, 2001

Jan. 5, 2001

PACER
48

MOTION by Governor of Florida, Secretary of State, Robert Butterworth, Robert Milligan, William Nelson, Robert Crawford, Thomas Gallagher, Beverly Hill, Jane Carroll, Pam Iorio, David C. Leahy, William Cowles, Deborah Clark for Michael Carvin to appear pro hac vice (Former Deputy Clerk) (Entered: 01/08/2001)

Jan. 5, 2001

Jan. 5, 2001

PACER

Filing Fee Paid; FILING FEE $ 75.00 RECEIPT # 834421 (Former Deputy Clerk)

Jan. 5, 2001

Jan. 5, 2001

PACER
49

CLEMENCY BOARD MEMBERS' MOTION by Robert Butterworth, Robert Milligan, William Nelson, Robert Crawford, Thomas Gallagher to dismiss the case pursuant to Rule 12(b)(6) (Former Deputy Clerk) (Entered: 01/08/2001)

Jan. 5, 2001

Jan. 5, 2001

PACER
50

NOTICE of joinder of [49-1] motion to dismiss the case pursuant to Rule 12(b)(6) by Jane Carroll (Former Deputy Clerk) (Entered: 01/08/2001)

Jan. 5, 2001

Jan. 5, 2001

PACER
51

NOTICE of Joinder of [49-1] motion to dismiss the case pursuant to Rule 12(b)(6) by William Cowles (Former Deputy Clerk) (Entered: 01/08/2001)

Jan. 5, 2001

Jan. 5, 2001

PACER
52

NOTICE of joinder of [40-1] motion to dismiss the case by William Cowles (Former Deputy Clerk) (Entered: 01/08/2001)

Jan. 5, 2001

Jan. 5, 2001

PACER
53

NOTICE of joinder of [40-1] motion to dismiss the case by Jane Carroll (Former Deputy Clerk) (Entered: 01/08/2001)

Jan. 5, 2001

Jan. 5, 2001

PACER
54

NOTICE of attorney appearance for Robert Butterworth, Robert Milligan, William Nelson, Robert Crawford, Thomas Gallagher by Charles J. Cooper, Michael A. Carvin, and Rachel L. Brand (Former Deputy Clerk) (Entered: 01/08/2001)

Jan. 5, 2001

Jan. 5, 2001

PACER
55

CLEMENCY BOARD MEMBERS' MOTION by Robert Butterworth, Robert Milligan, William Nelson, Robert Crawford, Thomas Gallagher to dismiss the case pursuant to Rule 12(b)(6) (Former Deputy Clerk) (Entered: 01/08/2001)

Jan. 5, 2001

Jan. 5, 2001

PACER
56

MOTION with memorandum in support by Beverly Hill to dismiss the complaint (Former Deputy Clerk) (Entered: 01/08/2001)

Jan. 5, 2001

Jan. 5, 2001

PACER
57

MEMORANDUM by Robert Butterworth, Robert Milligan, William Nelson, Robert Crawford, Thomas Gallagher in support of Defendants' unopposed motion for extension of page limits of memoranda supporting and opposing defendants' motion to dismiss (not filed) (Former Deputy Clerk) (Entered: 01/08/2001)

Jan. 5, 2001

Jan. 5, 2001

PACER
58

ORDER that the page limit for Defendants' memorandum supporting thei motion to dismiss shall be extendedto 30 pages; it is further ORDERED that the page limit for plaintiffs' memorandum opposing Defendants' motion to dismiss shall be extended to 35 pages (Signed by Judge James Lawrence King on 1/9/01) CCAP [EOD Date: 1/10/01] (Former Deputy Clerk) (Entered: 01/10/2001)

Jan. 9, 2001

Jan. 9, 2001

PACER
59

ORDER granting [44-1] motion to Adopt Motion of Other Defendants; Deborah Clark, Supervisor of Elections of Pinellas County, Florida's motion to dismiss and Clemency Board of Florida's motion to dismiss ( Signed by Judge James Lawrence King on 1/9/01) CCAP [EOD Date: 1/12/01] (Former Deputy Clerk) (Entered: 01/12/2001)

Jan. 11, 2001

Jan. 11, 2001

PACER
60

RESPONSE by Robert Butterworth, Robert Milligan, William Nelson, Robert Crawford, Thomas Gallagher in opposition to [36-1] motion for class certification (Former Deputy Clerk) (Entered: 01/17/2001)

Jan. 16, 2001

Jan. 16, 2001

PACER
61

ORDER granting [37-1] motion to dismiss Omali Yeshitela from this action as a Plaintiff and Deborah Clark as a named defendant, denying [40-1] motion to dismiss the case ( Signed by Judge James Lawrence King on 1/16/01) CCAP [EOD Date: 1/18/01] (Former Deputy Clerk) (Entered: 01/18/2001)

Jan. 17, 2001

Jan. 17, 2001

PACER
62

REPLY by All Plaintiffs to response to [36-1] motion for class certification (Former Deputy Clerk) (Entered: 01/25/2001)

Jan. 24, 2001

Jan. 24, 2001

PACER
70

NOTICE of attorney appearance for William Cowles by Michael David Cirullo Jr. (Former Deputy Clerk) (Entered: 01/29/2001)

Jan. 24, 2001

Jan. 24, 2001

PACER
71

NOTICE of attorney appearance for Jane Carroll by Michael David Cirullo Jr. (Former Deputy Clerk) (Entered: 01/29/2001)

Jan. 24, 2001

Jan. 24, 2001

PACER
63

NOTICE of attorney appearance for Deborah Clark by Betsy M. Steg (tb, Deputy Clerk) (Entered: 01/26/2001)

Jan. 25, 2001

Jan. 25, 2001

PACER
64

MOTION by Deborah Clark for joinder in defendant, Clemency Board of Florida's motion to dismiss (tb, Deputy Clerk) (Entered: 01/26/2001)

Jan. 25, 2001

Jan. 25, 2001

PACER
65

ORDER granting [48-1] motion for Michael Carvin to appear pro hac vice ( Signed by Judge James Lawrence King on 1/22/01) CCAP [EOD Date: 1/26/01] (wc, Deputy Clerk) (Entered: 01/26/2001)

Jan. 25, 2001

Jan. 25, 2001

PACER
66

ORDER granting [47-1] motion for Rachel L. Brand to appear pro hac vice ( Signed by Judge James Lawrence King on 1/23/01) CCAP [EOD Date: 1/26/01] (wc, Deputy Clerk) (Entered: 01/26/2001)

Jan. 25, 2001

Jan. 25, 2001

PACER
67

ORDER granting [46-1] motion for David H. Thompson to appear pro hac vice ( Signed by Judge James Lawrence King on 1/23/01) CCAP [EOD Date: 1/26/01] (wc, Deputy Clerk) (Entered: 01/26/2001)

Jan. 25, 2001

Jan. 25, 2001

PACER
68

MEMORANDUM by All Plaintiffs in opposition to [55-1] motion to dismiss the case pursuant to Rule 12(b)(6) (tb, Deputy Clerk) (Entered: 01/26/2001)

Jan. 25, 2001

Jan. 25, 2001

PACER
69

UNOPPOSED MOTION by All Plaintiffs that the Court deem timely filed their reply memorandum in support of motion for class certification (tb, Deputy Clerk) (Entered: 01/26/2001)

Jan. 25, 2001

Jan. 25, 2001

PACER
72

ORDER granting [69-1] motion that the Court deem timely filed their reply memorandum in support of motion for class certification ( Signed by Judge James Lawrence King on 1/26/01) CCAP [EOD Date: 1/29/01] (Former Deputy Clerk) (Entered: 01/29/2001)

Jan. 26, 2001

Jan. 26, 2001

PACER
73

ORDER Motion hearing before Judge James Lawrence King set for 9:00 2/2/01 for [36-1] motion for class certification ( Signed by Judge James Lawrence King on 1/26/01) CCAP [EOD Date: 1/29/01] (Former Deputy Clerk) (Entered: 01/29/2001)

Jan. 26, 2001

Jan. 26, 2001

PACER
74

ORDER denying [55-1] motion to dismiss the case pursuant to Rule 12(b)(6), denying [49-1] motion to dismiss the case pursuant to Rule 12(b)(6); Defendants shall file answers to the complaint within Thirty (30) days hereof ( Signed by Judge James Lawrence King on 1/29/01) CCAP [EOD Date: 1/31/01] (Former Deputy Clerk) (Entered: 01/31/2001)

Jan. 30, 2001

Jan. 30, 2001

PACER
75

Minutes of Motion Hearing, on Plaintiff's motion for class action certification; Motion is granted, Judge king will issue an order; held before Judge James Lawrence King on 2/2/01; Court Reporter Name or Tape #: Robin Carbonello (Former Deputy Clerk) (Entered: 02/06/2001)

Feb. 2, 2001

Feb. 2, 2001

PACER

Motion hearing re: [36-1] motion for class certification Motion hearing held (Former Deputy Clerk)

Feb. 2, 2001

Feb. 2, 2001

PACER
77

ORDER granting [36-1] motion for class certification ( Signed by Judge James Lawrence King on 2/9/01) CCAP [EOD Date: 2/16/01] (tb, Deputy Clerk) (Entered: 02/16/2001)

Feb. 9, 2001

Feb. 9, 2001

PACER
76

Transcript filed re: Motion for Class Action Cert held 2/2/01 before Judge James Lawrence King Pages: 1-40; Court Reporter: Robin Marie Carbonello. (gp, Deputy Clerk) (Entered: 02/13/2001)

Feb. 12, 2001

Feb. 12, 2001

PACER
78

Answer and affirmative defenses by Pam Iorio (Attorney Herbert Raymond Allen II), (Former Deputy Clerk) (Entered: 02/23/2001)

Feb. 22, 2001

Feb. 22, 2001

PACER
79

ANSWER to Complaint by Beverly Hill (Former Deputy Clerk) (Entered: 02/28/2001)

Feb. 27, 2001

Feb. 27, 2001

PACER
80

ANSWER to Complaint by Governor of Florida, Secretary of State, Robert Butterworth, Robert Milligan, William Nelson, Robert Crawford, Thomas Gallagher (Attorney George Lee Waas) (Former Deputy Clerk) (Entered: 03/06/2001)

Feb. 28, 2001

Feb. 28, 2001

PACER
81

Answer and affirmative defenses by William Cowles (Attorney ), (Former Deputy Clerk) (Entered: 03/06/2001)

March 2, 2001

March 2, 2001

PACER
82

ANSWER/NOTICE OF ADOPTING ANSWERS OF NAMED DEFENDANTS by Deborah Clark (Former Deputy Clerk) (Entered: 03/06/2001)

March 5, 2001

March 5, 2001

PACER
83

Joint Scheduling Report of Scheduling Meeting by All Plaintiffs, All Defendants (Former Deputy Clerk) (Entered: 03/08/2001)

March 7, 2001

March 7, 2001

PACER
84

ORDER Setting Hearing set scheduling conference for 9:30 4/2/01 before Judge James Lawrence King ( Signed by Judge James Lawrence King on 3/8/01) CCAP [EOD Date: 3/12/01] (Former Deputy Clerk) (Entered: 03/12/2001)

March 9, 2001

March 9, 2001

PACER
85

ANSWER to Complaint by David C. Leahy (Attorney William X. Candela) (Former Deputy Clerk) (Entered: 03/19/2001)

March 16, 2001

March 16, 2001

PACER
86

MOTION by Thomas Johnson, Derrick Andre Thomas, Eric Robinson, Adam Hernandez, Kathryn Williams-Carpenter, Jau'dohn Hicks, John Hanes for Edward Still to withdraw as attorney (Former Deputy Clerk) (Entered: 03/21/2001)

March 20, 2001

March 20, 2001

PACER
87

ORDER granting [86-1] motion for Edward Still to withdraw as attorney (Terminated: attorney Edward Still for John Hanes, attorney Edward Still for Jau'dohn Hicks, attorney Edward Still for Kathryn Williams-Carpenter, attorney Edward Still for Adam Hernandez, attorney Edward Still for Omali Yeshitela, attorney Edward Still for Eric Robinson, attorney Edward Still for Derrick Andre Thomas, attorney Edward Still for Thomas Johnson ( Signed by Judge James Lawrence King on 3/21/01) CCAP [EOD Date: 3/22/01] (Former Deputy Clerk) (Entered: 03/22/2001)

March 21, 2001

March 21, 2001

PACER

Text not available.

March 26, 2001

March 26, 2001

PACER

Case Details

State / Territory: Florida

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Sept. 22, 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All Florida citizens who have been convicted of felonies and fully completed the periods of incarceration and/or supervision to which they were sentenced (“ex-felons”), but remain ineligible to register or vote because a felony conviction.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

Secretary of State of Florida, State

Clemency Board of Florida, State

Governor of Florida, State

Alachua County Election Supervisor (Alachua), County

Broward County Election Supervisor (Broward), County

Hillsborough County Election Supervisor (Hillsborough), County

Miami-Dade County Election Supervisor (Miami-Dade), County

Orange County Election Supervisor (Orange), County

Pinellas County Election Supervisor (Pinellas), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Voting access