Case: Hamilton v. Ashland County Board of Elections

1:08-cv-02546 | U.S. District Court for the Northern District of Ohio

Filed Date: Oct. 27, 2008

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On October 27, 2008, several first-time voters who were removed from voting rolls because they were incarcerated at the time of the election brought suit in the United States District Court for the Northern District of Ohio against Ashland County Board of Election alleging violations of their due process and equal protection rights, as well as under state law for voter's registration. Specifically, plaintiffs alleged that the county violated state and federal law by removing them from the votin…

On October 27, 2008, several first-time voters who were removed from voting rolls because they were incarcerated at the time of the election brought suit in the United States District Court for the Northern District of Ohio against Ashland County Board of Election alleging violations of their due process and equal protection rights, as well as under state law for voter's registration. Specifically, plaintiffs alleged that the county violated state and federal law by removing them from the voting registration list without adequate procedure. The plaintiffs amended the complaint 2 days later to include an action under the First Amendment right to free speech.

On October 31, 2008, the Court (Hon. Donald C. Nugent) denied plaintiffs' motion for a temporary restraining order, and dismissed their suit. The Court denied the plaintiffs' motion to stay pending appeal. On November 4, 2008, the United States Court of Appeals for the 6th Circuit affirmed the District Court's decisions regarding the federal claims, but reversed the lower court's decision regarding the state claim. The Court of Appeals dismissed the case to allow the plaintiffs would be able to quickly file a suit in state court, before they would run out of time to vote in the election.

The plaintiffs refiled their lawsuit in state court, but the Court (Ronald P. Forsthoefel) dismissed plaintiffs' action. There is no information explaining the dismissal.

Summary Authors

Maurice Youkanna (6/14/2014)

People


Judge(s)

Nugent, Donald C. (Ohio)

Steeh, George Caram III (Michigan)

Attorneys(s) for Plaintiff

Jackson, Angelina N. (Ohio)

JohnsonGrove, Stephen A. (Ohio)

Singleton, David A. (Ohio)

Slagle, Marguerite J. (Ohio)

Wall, Robert Joseph (Ohio)

Attorneys(s) for Defendant

Carwile, Tiffany L. (Ohio)

Chin, Pearl M. (Ohio)

Coglianese, Richard N. (Ohio)

Judge(s)

Nugent, Donald C. (Ohio)

Steeh, George Caram III (Michigan)

Attorneys(s) for Plaintiff

Jackson, Angelina N. (Ohio)

JohnsonGrove, Stephen A. (Ohio)

Singleton, David A. (Ohio)

Slagle, Marguerite J. (Ohio)

Wall, Robert Joseph (Ohio)

Attorneys(s) for Defendant

Carwile, Tiffany L. (Ohio)

Chin, Pearl M. (Ohio)

Coglianese, Richard N. (Ohio)

Donatini, Michael D. (Ohio)

Landes, Mark David (Ohio)

Stankunas, Jeffrey A. (Ohio)

Tunnell, Christopher R (Ohio)

Documents in the Clearinghouse

Document

1:08-cv-02546

Docket [PACER]

Nov. 25, 2008

Nov. 25, 2008

Docket

08-CIV-495

Docket [State Court]

Ohio state trial court

Jan. 8, 2009

Jan. 8, 2009

Docket
1

1:08-cv-02546

Complaint

Oct. 27, 2008

Oct. 27, 2008

Complaint
2

1:08-cv-02546

Motion for a Temporary Restraining Order

Oct. 28, 2008

Oct. 28, 2008

Pleading / Motion / Brief
7

1:08-cv-02546

First Amended Complaint

Oct. 29, 2008

Oct. 29, 2008

Complaint
15

1:08-cv-02546

Memorandum Opinion and Order (denying motion for temporary restraining order and dismissing first amended complaint)

Oct. 31, 2008

Oct. 31, 2008

Order/Opinion
16

1:08-cv-02546

Memorandum Opinion and Order

Oct. 31, 2008

Oct. 31, 2008

Order/Opinion
26

08-04339

Order

U. S. Court of Appeals for the Sixth Circuit

320 Fed.Appx. 307

Nov. 3, 2008

Nov. 3, 2008

Order/Opinion

Resources

Docket

Last updated Aug. 5, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

Complaint against all defendants. Filing fee $ 350, receipt number 06470000000003267449, filed by Markus H Barrett, Raymond L Welcher, Nicholas M Seefong, Taronn L Allen, Troy Tomlin, Nick S Mallison, Roget Carr, Derek Hamilton, Xavier Brock, David Lee Sweazy, Chevin Joseph Rout, Javon D Patton, Jeremiah M Ramos, Jabrail A Wofford, Rameon J Sumlin, James Mack. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Ashland County Board of Elections, # 3 Summons Bonnie Manos, # 4 Summons David Samsel, # 5 Summons Dennis Ragle, # 6 Summons George Bringman, # 7 Summons Jennifer Brunner) (Singleton, David) (Entered: 10/27/2008)

Oct. 27, 2008

Oct. 27, 2008

Judge Donald C. Nugent assigned to case. (C,BA) (Entered: 10/28/2008)

Oct. 28, 2008

Oct. 28, 2008

Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge White. (C,BA) (Entered: 10/28/2008)

Oct. 28, 2008

Oct. 28, 2008

2

Motion for temporary restraining order filed by Markus H Barrett, Raymond L Welcher, Nicholas M Seefong, Taronn L Allen, Troy Tomlin, Nick S Mallison, Roget Carr, Derek Hamilton, Xavier Brock, David Lee Sweazy, Chevin Joseph Rout, Javon D Patton, Jeremiah M Ramos, Jabrail A Wofford, Rameon J Sumlin, James Mack. Related document(s) 1 . (Attachments: # 1 Affidavit Declaration of Derek Hamilton, # 2 Affidavit Xavier Brock Declaration, # 3 Affidavit David Lee Sweazy Declaration, # 4 Affidavit Chevin Rouhgt Declaration, # 5 Affidavit Javon Patton Declaration, # 6 Affidavit Jeremiah Ramos Declaration, # 7 Affidavit Jabrail Wofford Declaration, # 8 Affidavit Rameon Sumlin Declaration, # 9 Affidavit James Mack Declaration, # 10 Affidavit Markus Barrett Declaration, # 11 Affidavit Raymond Welcher Declaration, # 12 Affidavit Nicholas Seefong Declaration, # 13 Affidavit Taronn Allen Declaration, # 14 Affidavit Troy Tomlin Declaration, # 15 Affidavit Nick Mallison Declaration, # 16 Affidavit Roget Carr Declaration, # 17 Affidavit Margie Slagle Declaration)(Singleton, David) (Entered: 10/28/2008)

Oct. 28, 2008

Oct. 28, 2008

3

Summons and Magistrate Consent Form issued to counsel for service upon Ashland County Board of Elections, Dennis Ragle, Bonnie Manos, George Bringman, David Samsel &Jennifer Brunner. (Attachments: # 1 Magistrate Consent Form) (C,BA) (Entered: 10/28/2008)

Oct. 28, 2008

Oct. 28, 2008

4

Attorney Appearance for Defendant Ohio Secretrary of State Jennifer Brunner by Richard N. Coglianese filed by on behalf of Jennifer Brunner. (Coglianese, Richard) (Entered: 10/28/2008)

Oct. 28, 2008

Oct. 28, 2008

Notice (non−document)of Temporary Restraining Order Hearing scheduled to be held on 10/31/2008 at 08:00 AM at Courtroom 15A before Judge Donald C. Nugent. (R,JM) (Entered: 10/29/2008)

Oct. 29, 2008

Oct. 29, 2008

5

Attorney Appearance by Tiffany L. Carwile filed by on behalf of Ashland County Board of Elections, Dennis Ragle, Bonnie Manos, George Bringman, David Samsel. (Carwile, Tiffany) (Entered: 10/29/2008)

Oct. 29, 2008

Oct. 29, 2008

6

Motion for Order to Convey filed by Ashland County Board of Elections, Dennis Ragle, Bonnie Manos, George Bringman, David Samsel. (Carwile, Tiffany) (Entered: 10/29/2008)

Oct. 29, 2008

Oct. 29, 2008

7

First Amended complaint against all defendants, filed by Derek Hamilton. (Singleton, David) (Entered: 10/29/2008)

Oct. 29, 2008

Oct. 29, 2008

Financial Transaction in the amount of $200.00 received for motion to appear pro hac vice by attorneys Paul T. Lange and Michael D. Donatini, Receipt # 14660024251. (B,IE) (Entered: 10/30/2008)

Oct. 30, 2008

Oct. 30, 2008

8

Response to 2 Motion for temporary restraining order filed by Ashland County Board of Elections, Dennis Ragle, Bonnie Manos, George Bringman, David Samsel. (Attachments: # 1 Exhibit)(Carwile, Tiffany) (Entered: 10/30/2008)

Oct. 30, 2008

Oct. 30, 2008

9

Motion for attorney Michael D. Donatini to Appear Pro Hac Vice. Filing fee $ 100, receipt number 14660024251, filed by Defendant Ashland County Board of Elections. (Attachments: # 1 Affidavit of Michael D. Donatini, # 2 Certificate of Good Standing)(B,B) (Entered: 10/30/2008)

Oct. 30, 2008

Oct. 30, 2008

10

Motion for attorney Paul T. Lange to Appear Pro Hac Vice. Filing fee $ 100, receipt number 14660024251, filed by Defendant Ashland County Board of Elections. (Attachments: # 1 Affidavit of Paul Lange, # 2 Certificate of Good Standing)(B,B) (Entered: 10/30/2008)

Oct. 30, 2008

Oct. 30, 2008

11

Motion for attorney Angelina Jackson to Appear Pro Hac Vice. Filing fee $ 100, receipt number 06470000000003273057, filed by Markus H Barrett, Raymond L Welcher, Nicholas M Seefong, Taronn L Allen, Troy Tomlin, Nick S Mallison, Roget Carr, Derek Hamilton, Xavier Brock, David Lee Sweazy, Chevin Joseph Rout, Javon D Patton, Jeremiah M Ramos, Jabrail A Wofford, Rameon J Sumlin, James Mack. (Singleton, David) (Entered: 10/30/2008)

Oct. 30, 2008

Oct. 30, 2008

12

Response to 2 Motion for temporary restraining order filed by Jennifer Brunner. (Attachments: # 1 Exhibit)(Chin, Pearl) (Entered: 10/30/2008)

Oct. 30, 2008

Oct. 30, 2008

13

Attorney Appearance by David A. Singleton filed by on behalf of Markus H Barrett, Raymond L Welcher, Nicholas M Seefong, Taronn L Allen, Troy Tomlin, Nick S Mallison, Roget Carr, Derek Hamilton, Xavier Brock, David Lee Sweazy, Chevin Joseph Rout, Javon D Patton, Jeremiah M Ramos, Jabrail A Wofford, Rameon J Sumlin, James Mack. (Singleton, David) (Entered: 10/30/2008)

Oct. 30, 2008

Oct. 30, 2008

14

Reply to response to 2 Motion for temporary restraining order filed by all plaintiffs. (Attachments: # 1 Affidavit of Angelina Jackson re: voicemail from Secretary of State's office, # 2 Affidavit of Karen Wood re: date of service of notice, # 3 Exhibit Plain Dealer article, # 4 Affidavit of Eli Braun re: Ohio River Valley facility, # 5 Affidavit of Angelina Jackson re: Circleville facility, # 6 Exhibit Ashland Times−Gazette article)(JohnsonGrove, Stephen) (Entered: 10/30/2008)

Oct. 30, 2008

Oct. 30, 2008

16

Judgment Entry re 15 Memorandum opinion and Order on Motion for Temporary Restraining Order; Denying the motion for a Temporary Restraining Order 2 , and Dismissing the First Amended Complaint 7 with prejudice. Signed Judge Donald C. Nugent on 10/31/08. (C,B) (Entered: 10/31/2008)

Oct. 31, 2008

Oct. 31, 2008

17

Motion to stay and for an order to require Defendant Ashland County Board of Elections to provide provisional ballots to Plaintiffs pending appeal, filed by Markus H Barrett, Raymond L Welcher, Nicholas M Seefong, Taronn L Allen, Troy Tomlin, Nick S Mallison, Roget Carr, Derek Hamilton, Xavier Brock, David Lee Sweazy, Chevin Joseph Rout, Javon D Patton, Jeremiah M Ramos, Jabrail A Wofford, Rameon J Sumlin, James Mack (Related document(s) 16 , 15 ). (Attachments: # 1 Proposed Order Staying Dismissal and Ordering Provisional Ballots to be Provided to Plaintiffs Pending Appeal) (Singleton, David). Modified text on 11/3/2008 (H, SP). (Entered: 11/02/2008)

Nov. 2, 2008

Nov. 2, 2008

18

Attorney Appearance by Mark D. Landes and Jeffrey A. Stankunas filed by on behalf of Ashland County Board of Elections, Dennis Ragle, Bonnie Manos, George Bringman, David Samsel. (Landes, Mark) (Entered: 11/03/2008)

Nov. 3, 2008

Nov. 3, 2008

19

Opposition to 17 Motion to stay and for an order to require Defendant Ashland County Board of Elections to provide provisional ballots to Plaintiffs pending appeal filed by Ashland County Board of Elections, Dennis Ragle, Bonnie Manos, George Bringman, David Samsel. (Stankunas, Jeffrey) (Entered: 11/03/2008)

Nov. 3, 2008

Nov. 3, 2008

20

Transcript of TRO held on 10−31−08 before Judge Donald C. Nugent. To obtain a bound copy of this transcript please contact court reporter Shirle Perkins at 216−357−7106. [62 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 11/12/2008. Redaction Request due 11/24/2008. Redacted Transcript Deadline set for 12/4/2008. Release of Transcript Restriction set for 2/2/2009. (P,Sh) (Entered: 11/03/2008)

Nov. 3, 2008

Nov. 3, 2008

21

Reply to response to 17 Motion to stay and for an order to require Defendant Ashland County Board of Elections to provide provisional ballots to Plaintiffs pending appeal filed by all plaintiffs. (JohnsonGrove, Stephen) (Entered: 11/03/2008)

Nov. 3, 2008

Nov. 3, 2008

22

Order re 17 Denying Motion to stay and for an order to require Defendant Ashland County Board of Elections to provide provisional ballots to Plaintiffs. Judge Donald C. Nugent.(R,JM) (Entered: 11/03/2008)

Nov. 3, 2008

Nov. 3, 2008

23

NOTICE OF APPEAL to the 6th Circuit Court of Appeals from the 15 Memorandum Opinion and Order and 16 Judgment of 10/31/08, filed by plaintiffs Markus H Barrett, Raymond L Welcher, Nicholas M Seefong, Taronn L Allen, Troy Tomlin, Nick S Mallison, Roget Carr, Derek Hamilton, Xavier Brock, David Lee Sweazy, Chevin Joseph Rout, Javon D Patton, Jeremiah M Ramos, Jabrail A Wofford, Rameon J Sumlin and James Mack. (Filing fee of $455 paid, receipt number 06470000000003276239) (JohnsonGrove, Stephen). Modified text on 11/3/2008 (H, SP). (Entered: 11/03/2008)

Nov. 3, 2008

Nov. 3, 2008

24

Order (corrected caption) that Plaintiff's motion for a Temporary Restraining Order is denied and the First Amended Complaint is dismissed with prejudice. Signed by Judge Donald C. Nugent on 10/31/2008. (Related doc 2 , 7 , 15 , 16 )(B,B) (Entered: 11/03/2008)

Nov. 3, 2008

Nov. 3, 2008

25

Acknowledgment from the USCA for Sixth Circuit of receipt of 23 Notice of Appeal (USCA# 08−4439). Date filed in USCA 11/3/08. (H, SP) (Entered: 11/03/2008)

Nov. 3, 2008

Nov. 3, 2008

26

Information Copy of order from USCA for the Sixth Circuit: The District Court's dismissal of the state claim on the merits is vacated, and the state claim is dismissed without prejudice. The District Court's judgment on the federal claims is affirmed re 23 Notice of Appeal (USCA# 08−4439). This is not a mandate order. Circuit Judges: Gibbons and Cook, District Judge: Steeh. Date issued by USCA 11/3/08 (H, SP) (Entered: 11/04/2008)

Nov. 4, 2008

Nov. 4, 2008

27

True copy of mandate from the USCA for the Sixth Circuit: The judgment of the District Court is affirmed in part and vacated in part as to 23 Notice of Appeal (USCA# 08−4439). Date issued as mandate 11/25/08, No Costs Taxed (Related document 26 ) (H, SP) (Entered: 11/25/2008)

Nov. 25, 2008

Nov. 25, 2008

Case Details

State / Territory: Ohio

Case Type(s):

Juvenile Institution

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 27, 2008

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are juvenile detainees, 18 years or older and who registered to vote at least 30 days before an election.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Ashland County Board of Elections (Ashland), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Freedom of speech/association

Equal Protection

Due Process

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:

Juveniles

Type of Facility:

Government-run