Case: Young v. Hosemann

3:08-cv-00567 | U.S. District Court for the Southern District of Mississippi

Filed Date: Sept. 12, 2008

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On September 12, 2008, two convicted felons filed a civil rights action under federal and state laws in the U.S. District Court for the Southern District of Mississippi, Jackson Division. Plaintiffs named the Secretary of the State of Mississippi, and various county election officials as Defendants. Plaintiffs allege that §241 of the Mississippi Constitution explicitly allows for individuals who have been convicted of a crime to vote for the U.S. President and Vice President. Plaintiffs assert …

On September 12, 2008, two convicted felons filed a civil rights action under federal and state laws in the U.S. District Court for the Southern District of Mississippi, Jackson Division. Plaintiffs named the Secretary of the State of Mississippi, and various county election officials as Defendants. Plaintiffs allege that §241 of the Mississippi Constitution explicitly allows for individuals who have been convicted of a crime to vote for the U.S. President and Vice President. Plaintiffs assert that they meet all the requirements for an elector in the State of Mississippi and, despite their felony convictions, retain the right to vote for President and Vice President. Plaintiffs claim that Defendants' disfranchisement of Plaintiffs violates § 241 of the Mississippi Constitution, the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution, and the National Voter Registration Act. Represented by attorneys from the American Civil Liberties Union, Plaintiffs asked the court for declaratory and injunctive relief. Plaintiffs simultaneously filed a motion for a preliminary injunction.

On September 25, 2008, the District Court (Judge Tom S. Lee) denied the motion for a preliminary injunction from the bench, stating that their interpretation of § 241 was not "fair or reasonable." The Court of Appeals for the Fifth Circuit subsequently denied Plaintiffs' motion for emergency injunctive relief pending appeal.

On October 02, 2008, the state officials filed a motion to dismiss the complaint for lack of federal jurisdiction and failure to state a claim based on Fed. R. Civ. P. 12(b)(1), (6). On March 9, 2009, the District Court (Judge Tom S. Lee) granted Defendants' motion as to 12(b)(6), concluding that, as a matter of law, Plaintiffs' complaint was "without merit and should be dismissed with prejudice" because their interpretation of § 241 was "legally incorrect." The Court also concluded that "defendants have correctly construed this provision."

Plaintiffs appealed to the Fifth Circuit. On February 25, 2010, in a published opinion by Chief Judge Edith H. Jones, the Court of Appeals affirmed the District Court's decision. Young v. Hoseman, 598 F.3d 184 (5th Cir. 2010)

Summary Authors

Xin Chen (8/28/2011)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4848083/parties/young-v-hosemann/


Judge(s)

Jones, Edith Hollan (Texas)

Lee, Tom Stewart (Mississippi)

Attorneys(s) for Plaintiff

Abudu, Nancy G. (Georgia)

Bennett, Kristy L. (Mississippi)

Bradley, Neil T. (Georgia)

McDonald, Moffatt Laughlin (Georgia)

Attorneys(s) for Defendant

Murphree, William C. (Mississippi)

Shurden, Shawn Stephen (Mississippi)

Sumner, James C. Jr. (Mississippi)

Westfaul, Jay (Mississippi)

Judge(s)

Jones, Edith Hollan (Texas)

Lee, Tom Stewart (Mississippi)

Attorneys(s) for Plaintiff

Abudu, Nancy G. (Georgia)

Bennett, Kristy L. (Mississippi)

Bradley, Neil T. (Georgia)

McDonald, Moffatt Laughlin (Georgia)

Attorneys(s) for Defendant

Murphree, William C. (Mississippi)

Shurden, Shawn Stephen (Mississippi)

Sumner, James C. Jr. (Mississippi)

Westfaul, Jay (Mississippi)

Documents in the Clearinghouse

Document

3:08-cv-00567

Docket

March 29, 2010

March 29, 2010

Docket
1

3:08-cv-00567

Complaint for Injunctive and Declaratory Relief

Sept. 12, 2008

Sept. 12, 2008

Complaint
3

3:08-cv-00567

Plaintiffs' Memorandum of Law in Support of Their Motion for a Preliminary Injuction

Sept. 12, 2008

Sept. 12, 2008

Pleading / Motion / Brief
14

3:08-cv-00567

Memorandum of Authorities in Support of Defendant's Motion to Dismiss

Oct. 2, 2008

Oct. 2, 2008

Pleading / Motion / Brief
44

3:08-cv-00567

Order

2009 WL 614912

March 9, 2009

March 9, 2009

Order/Opinion

3:08-cv-00567

Fifth Circuit Opinion

U. S. Court of Appeals for the Fifth Circuit

598 F.3d 184

Feb. 25, 2010

Feb. 25, 2010

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4848083/young-v-hosemann/

Last updated Aug. 2, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
11

ORDER denying 2 Motion for Preliminary Injunction Signed by District Judge Tom S. Lee on 9/25/08 (SEC)

Sept. 25, 2008

Sept. 25, 2008

RECAP
1

COMPLAINT for Injunctive and Declaratory Relief against Julius Harris, Jimmy Herron, Bonnie G. Land, Ronald McMinn, Delbert Hosemann, Kristin Buse, Debby McCafferty, Harry Grayson, Jr, Vivian Burkley, John M. Wages, John H. Edwards (Filing fee $350.00 receipt number J027458), filed by Jerry Young, Christy Colley. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit−A, # 3 Exhibit−B, # 4 Exhibit−C, # 5 Exhibit−D)(SEC) Modified on 9/12/2008 (SEC). (Entered: 09/12/2008)

Sept. 12, 2008

Sept. 12, 2008

2

MOTION for Preliminary Injunction by Jerry Young, Christy Colley (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Bennett, Kristy) (Entered: 09/12/2008)

Sept. 12, 2008

Sept. 12, 2008

3

MEMORANDUM in Support re 2 MOTION for Preliminary Injunction filed by Jerry Young, Christy Colley (Bennett, Kristy) (Entered: 09/12/2008)

Sept. 12, 2008

Sept. 12, 2008

4

Summons Issued as to Julius Harris, Jimmy Herron, Bonnie G. Land, Ronald McMinn, John H. Edwards, John M. Wages, Delbert Hosemann, Kristin Buse, Debby McCafferty, Harry Grayson, Jr, Vivian Burkley. (SEC) (Entered: 09/17/2008)

Sept. 17, 2008

Sept. 17, 2008

5

RESPONSE in Opposition re 2 MOTION for Preliminary Injunction filed by Delbert Hosemann (Attachments: # 1 Exhibit Exhibits A − B)(Shurden, Shawn) (Entered: 09/19/2008)

Sept. 19, 2008

Sept. 19, 2008

7

MOTION for Moffatt Laughlin McDonald to Appear Pro Hac Vice by Jerry Young, Christy Colley (Attachments: # 1 Exhibit A)(Bennett, Kristy) (Entered: 09/23/2008)

Sept. 23, 2008

Sept. 23, 2008

8

MOTION for Nancy G. Abudu to Appear Pro Hac Vice by Jerry Young, Christy Colley (Attachments: # 1 Exhibit A)(Bennett, Kristy) (Entered: 09/23/2008)

Sept. 23, 2008

Sept. 23, 2008

9

ATTACHMENT re 5 Response in Opposition to Motion Supplement to Response by Delbert Hosemann (Shurden, Shawn) (Entered: 09/23/2008)

Sept. 23, 2008

Sept. 23, 2008

10

Rebuttal re 5 Response in Opposition to Motion, 9 Attachment filed by Jerry Young, Christy Colley (Attachments: # 1 Exhibit E, Docket Sheet, # 2 Exhibit F, Order, # 3 Exhibit G, Order of Recusal)(Bennett, Kristy) (Entered: 09/24/2008)

Sept. 24, 2008

Sept. 24, 2008

Minute Entry for proceedings held before District Judge Tom S. Lee: Motion Hearing held on 9/25/2008 re 2 MOTION for Preliminary Injunction filed by Jerry Young, Christy Colley. ACTION TAKEN: Motion denied. (Court Reporter C. Bond (601/965−4410) (LWE) (Entered: 09/25/2008)

Sept. 25, 2008

Sept. 25, 2008

12

MOTION for Certificate of Appealability by Jerry Young, Christy Colley (Bennett, Kristy) (Entered: 10/02/2008)

Oct. 2, 2008

Oct. 2, 2008

13

MOTION to Dismiss by Delbert Hosemann (Shurden, Shawn) (Entered: 10/02/2008)

Oct. 2, 2008

Oct. 2, 2008

14

MEMORANDUM in Support re 13 MOTION to Dismiss filed by Delbert Hosemann (Shurden, Shawn) (Entered: 10/02/2008)

Oct. 2, 2008

Oct. 2, 2008

15

MOTION to Withdraw 12 MOTION for Certificate of Appealability by Jerry Young, Christy Colley (Bennett, Kristy) (Entered: 10/03/2008)

Oct. 3, 2008

Oct. 3, 2008

16

NOTICE OF INTERLOCUTORY APPEAL as to 11 Order on Motion for Preliminary Injunction by Jerry Young, Christy Colley. Filing fee $ 455, receipt number 05380000000001122821. (Bennett, Kristy) Modified on 10/3/2008 to reflect interlocutory appeal. (cwl). (Entered: 10/03/2008)

Oct. 3, 2008

Oct. 3, 2008

Remark − mailed to attorney Kristy L. Bennett transcript order form. (cwl) (Entered: 10/03/2008)

Oct. 3, 2008

Oct. 3, 2008

17

ORDER withdrawing 12 Motion for Certification of interlocutory appeal; granting 15 Motion to Withdraw. Signed by District Judge Tom S. Lee on 10/6/08 (LWE) (Entered: 10/06/2008)

Oct. 6, 2008

Oct. 6, 2008

18

MOTION to Stay pending appeal by Jerry Young, Christy Colley (Attachments: # 1 Proposed Order)(Abudu − PHV, Nancy) (Entered: 10/07/2008)

Oct. 7, 2008

Oct. 7, 2008

20

RESPONSE in Opposition re 13 MOTION to Dismiss filed by Jerry Young, Christy Colley (Abudu − PHV, Nancy) (Entered: 10/17/2008)

Oct. 17, 2008

Oct. 17, 2008

21

Rebuttal re 13 MOTION to Dismiss filed by Delbert Hosemann (Attachments: # 1 Exhibit Exhibits A − C)(Shurden, Shawn) (Entered: 10/17/2008)

Oct. 17, 2008

Oct. 17, 2008

22

ORDER of USCA(certified copy) as to 16 Notice of Appeal, filed by Jerry Young, Christy Colley; that appellants' motion for injunction pending appeal is denied. (SEC) (Entered: 10/21/2008)

Oct. 20, 2008

Oct. 20, 2008

23

TRANSCRIPT REQUEST by Jerry Young, Christy Colley for proceedings held on 9/25/08 before Judge Tom S. Lee, (Abudu − PHV, Nancy) (Entered: 10/22/2008)

Oct. 22, 2008

Oct. 22, 2008

24

NOTICE of Appearance by Jay Westfaul on behalf of Julius Harris, Jimmy Herron, Bonnie G. Land, Ronald McMinn, Vivian Burkley (Westfaul, Jay) (Entered: 10/27/2008)

Oct. 27, 2008

Oct. 27, 2008

25

SUMMONS Returned Executed by Jerry Young, Christy Colley Julius Harris served on 10/21/2008, answer due 11/10/2008. (Bennett, Kristy) (Entered: 10/28/2008)

Oct. 28, 2008

Oct. 28, 2008

26

SUMMONS Returned Executed by Jerry Young, Christy Colley Jimmy Herron served on 10/21/2008, answer due 11/10/2008. (Bennett, Kristy) (Entered: 10/28/2008)

Oct. 28, 2008

Oct. 28, 2008

27

SUMMONS Returned Executed by Jerry Young, Christy Colley Bonnie G. Land served on 10/21/2008, answer due 11/10/2008. (Bennett, Kristy) (Entered: 10/28/2008)

Oct. 28, 2008

Oct. 28, 2008

28

SUMMONS Returned Executed by Jerry Young, Christy Colley Ronald McMinn served on 10/21/2008, answer due 11/10/2008. (Bennett, Kristy) (Entered: 10/28/2008)

Oct. 28, 2008

Oct. 28, 2008

29

MOTION to Dismiss by Julius Harris, Jimmy Herron, Bonnie G. Land, Ronald McMinn, Vivian Burkley (Westfaul, Jay) (Entered: 11/07/2008)

Nov. 7, 2008

Nov. 7, 2008

30

Joinder by John H. Edwards, John M. Wages, Kristin Buse, Debby McCafferty, Harry Grayson, Jr to 13 MOTION to Dismiss filed by Delbert Hosemann (Murphree, William) (Entered: 11/07/2008)

Nov. 7, 2008

Nov. 7, 2008

31

USCA JUDGMENT: dismissed as to 11/5/08, for want of prosecution. The appellant failed to timely order transcript and make financial arrangements as to 16 Notice of Appeal, filed by Jerry Young, Christy Colley (Attachments: # 1 Cover Letter)(cwl) (Entered: 11/13/2008)

Nov. 12, 2008

Nov. 12, 2008

32

RESPONSE in Opposition re 29 MOTION to Dismiss filed by Jerry Young, Christy Colley (Abudu − PHV, Nancy) (Entered: 11/13/2008)

Nov. 13, 2008

Nov. 13, 2008

DOCKET ANNOTATION as to # 32 second page of document inadvertently scanned twice. Attorney Nancy Abudu should refile the document. (cwl) (Entered: 11/14/2008)

Nov. 14, 2008

Nov. 14, 2008

Pro Hac Vice fee paid by (John P. Wolff, III) $ 100, receipt number J028739 (cwl) Modified on 11/14/2008 inadvertently filed instead it should have been docketed in 3:08cv657. (cwl). (Entered: 11/14/2008)

Nov. 14, 2008

Nov. 14, 2008

33

DOCKET ANNOTATION as to Pro Hac Fee paid as to John P. Wolff, III inadvertently entered in this case instead is should have been entered in 3:08cv657. (cwl) (Entered: 11/14/2008)

Nov. 14, 2008

Nov. 14, 2008

34

RESPONSE in Opposition re 29 MOTION to Dismiss (Corrected) filed by Jerry Young, Christy Colley (Abudu − PHV, Nancy) (Entered: 11/17/2008)

Nov. 17, 2008

Nov. 17, 2008

35

USCA Memorandum: reinstated, re 16 Notice of Appeal. (cwl) (cwl). (Entered: 11/24/2008)

Nov. 24, 2008

Nov. 24, 2008

37

SUMMONS Returned Executed by Jerry Young, Christy Colley Harry Grayson, Jr served on 10/24/2008, answer due 11/13/2008. (Bennett, Kristy) (Entered: 11/25/2008)

Nov. 25, 2008

Nov. 25, 2008

38

SUMMONS Returned Executed by Jerry Young, Christy Colley John M. Wages served on 10/24/2008, answer due 11/13/2008. (Bennett, Kristy) (Entered: 11/25/2008)

Nov. 25, 2008

Nov. 25, 2008

39

SUMMONS Returned Executed by Jerry Young, Christy Colley John H. Edwards served on 10/24/2008, answer due 11/13/2008. (Bennett, Kristy) (Entered: 11/25/2008)

Nov. 25, 2008

Nov. 25, 2008

40

SUMMONS Returned Executed by Jerry Young, Christy Colley Kristin Buse served on 10/24/2008, answer due 11/13/2008. (Bennett, Kristy) (Entered: 11/25/2008)

Nov. 25, 2008

Nov. 25, 2008

41

SUMMONS Returned Executed by Jerry Young, Christy Colley Debby McCafferty served on 10/24/2008, answer due 11/13/2008. (Bennett, Kristy) (Entered: 11/25/2008)

Nov. 25, 2008

Nov. 25, 2008

42

WAIVER OF SERVICE Returned Executed by Jerry Young, Christy Colley. Vivian Burkley waiver sent on 12/3/2008, answer due 2/2/2009. (Abudu − PHV, Nancy) (Entered: 12/17/2008)

Dec. 17, 2008

Dec. 17, 2008

DOCKET ANNOTATION as to # 35 incorrect pdf document attached. Removed and attached the correct pdf document. (cwl) (Entered: 01/14/2009)

Jan. 14, 2009

Jan. 14, 2009

43

NOTICE OF FILING OF OFFICIAL TRANSCRIPT for dates of September 25, 2008 before Judge Tom S. Lee, re 16 Notice of Appeal, Court Reporter/Transcriber Cherie Bond, Telephone number 601.965.4410. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. 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. Redaction Request due 2/18/2009. Redacted Transcript Deadline set for 3/2/2009. Release of Transcript Restriction set for 4/28/2009. (CB) (Entered: 01/28/2009)

Jan. 28, 2009

Jan. 28, 2009

45

MOTION to Withdraw as Attorney for Neil Bradley by Jerry Young, Christy Colley (Attachments: # 1 Proposed Order)(Abudu − PHV, Nancy) (Entered: 03/11/2009)

March 11, 2009

March 11, 2009

46

NOTICE OF APPEAL as to 44 Order on Motion to Dismiss, by Jerry Young, Christy Colley. Filing fee $ 455, receipt number 05380000000001243463. (Abudu − PHV, Nancy) (Entered: 03/11/2009)

March 11, 2009

March 11, 2009

47

REPLY to Response to Motion re 45 MOTION to Withdraw as Attorney for Neil Bradley filed by Julius Harris, Jimmy Herron, Bonnie G. Land, Ronald McMinn, Vivian Burkley (Westfaul, Jay) (Entered: 03/11/2009)

March 11, 2009

March 11, 2009

TEXT ONLY ORDER granting 45 Motion to Withdraw as Attorney. Attorney Neil T. Bradley terminated. Signed by Magistrate Judge James C. Sumner on March 12, 2009. NO FURTHER WRITTEN ORDER TO ENTER. (DCL) (Entered: 03/12/2009)

March 12, 2009

March 12, 2009

48

USCA Case Number 09−60188 for 46 Notice of Appeal filed by Jerry Young, Christy Colley. (SEC) (Entered: 04/02/2009)

April 1, 2009

April 1, 2009

50

COURT RECORD LOAN FORM re 46 Notice of Appeal : complete appeal handed Hoseman's attorney of record. (SEC) (Entered: 06/11/2009)

June 11, 2009

June 11, 2009

51

Copy of Opinion − USCA re 46 Notice of Appeal, 16 Notice of Appeal, AFFIRMED. (SEC) (Entered: 03/26/2010)

March 25, 2010

March 25, 2010

52

USCA JUDGMENT as to 46 Notice of Appeal filed by Jerry Young, Christy Colley, 16 Notice of Appeal, filed by Jerry Young, Christy Colley; that the judgment of the District Court is affirmed; that plaintiffs−appellants pay to defendants−appellees the costs on appeal to be taxed by lthe Clerk of this Court. Issued as Mandate: 3/19/10 (SEC) (Entered: 03/26/2010)

March 25, 2010

March 25, 2010

53

Appeal Remark re 16 Notice of Appeal, 46 Notice of Appeal : Record/original papers/exhibits to be returned. (SEC) (Entered: 03/26/2010)

March 25, 2010

March 25, 2010

54

Appeal Remark re 16 Notice of Appeal, 46 Notice of Appeal : the electronic record recycled. (SEC) (Entered: 03/29/2010)

March 29, 2010

March 29, 2010

44

ORDER granting 29 Motion to Dismiss; granting 13 Motion to Dismiss Signed by District Judge Tom S. Lee on 3/9/09 (cwl)

March 9, 2009

March 9, 2009

RECAP

Case Details

State / Territory: Mississippi

Case Type(s):

Election/Voting Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 12, 2008

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are two convicted felons who contend that § 241 of the Mississippi Constitution grants felons the right to vote in presidential elections.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The Secretary of the State of Mississippi, State

Election Commissioners of Lee County, County

Election Commissioners in Panola County, County

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Voting Rights Act, unspecified, 52 U.S.C. § 10301 et seq (previously 42 U.S.C § 1973 et seq.)

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

Voting:

Voter qualifications