Case: Detroit NAACP v. Snyder

2:13-cv-12098 | U.S. District Court for the Eastern District of Michigan

Filed Date: May 13, 2013

Clearinghouse coding complete

Case Summary

On May 13, 2013, registered voters of the City of Detroit and the Detroit chapter of the National Association for the Advancement of Colored People ("NAACP") filed suit against the State of Michigan in the U.S. District Court for the Eastern District of Michigan. Represented by the NAACP and the Arab-American Civil Rights League, plaintiffs asserted that their constitutional rights to equal protection and to participate in the political process were violated when the state appointed Emergency …

On May 13, 2013, registered voters of the City of Detroit and the Detroit chapter of the National Association for the Advancement of Colored People ("NAACP") filed suit against the State of Michigan in the U.S. District Court for the Eastern District of Michigan. Represented by the NAACP and the Arab-American Civil Rights League, plaintiffs asserted that their constitutional rights to equal protection and to participate in the political process were violated when the state appointed Emergency Managers to localities pursuant to Public Act 436, MCL §§ 141.1541 et seq. ("PA 436"). Filing the action pursuant to 42 U.S.C. § 1983, plaintiffs argued that the appointment of Emergency Managers to specific localities disproportionately impacted African Americans and generally violated political rights of the residents of those localities. Also, pursuant to Section 5 of the Voting Rights Act, 42 U.S.C. § 1973(c), plaintiffs argued that since part of the state was under a pre-clearance requirement, PA 436 was invalid because it impacted the power of certain citizens' votes without receiving pre-clearance. Thus, plaintiffs sought a declaration that PA 436 violated the Equal Protection Clause and the Due Process Clause of the Fourteenth Amendment, and a preliminary and permanent injunction prohibiting the state from implementing or enforcing PA 436, prohibiting Emergency Managers exercising authority pursuant to PA 436, and invalidating any actions taken by Emergency Managers in that capacity. The case was assigned to Judge George Caram Steeh.

In response to the Supreme Court's ruling in Shelby County v. Holder, plaintiffs filed an amended complaint on June 27, 2013. The amended complaint relied on section 3, rather than section 5, of the Voting Rights Act.

On July 11, 2013, the state moved to dismissed all counts of plaintiffs' amended complaint. Before the Court could rule on that motion, however, a court order in a bankruptcy case against the state required a stay of proceedings in this case. The Court in this case issued an order staying all proceedings until further court order and closing the case without prejudice and without reaching a decision on the merits. The Court noted that if the bankruptcy stay is removed or a party in that case obtains relief from the stay, this case may be reopened upon the motion of any party. There is no evidence that the case has been reopened.

Summary Authors

Dan Osher (7/13/2013)

Eva Richardson (6/9/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5312500/parties/detroit-naacp-v-snyder/


Judge(s)

Steeh, George Caram III (Michigan)

Whalen, R. Steven (Michigan)

Attorneys(s) for Plaintiff

Ayad, Nabih H (Michigan)

Hollowell, Melvin J. Jr. (Michigan)

Attorneys(s) for Defendant

Barton, Denise C. (Michigan)

Murphy, Michael F (Michigan)

Judge(s)

Steeh, George Caram III (Michigan)

Whalen, R. Steven (Michigan)

Attorneys(s) for Plaintiff

Ayad, Nabih H (Michigan)

Hollowell, Melvin J. Jr. (Michigan)

Attorneys(s) for Defendant

Barton, Denise C. (Michigan)

Murphy, Michael F (Michigan)

Documents in the Clearinghouse

Document

Docket

Aug. 22, 2013 Docket
1

Verified Complaint

Detroit Branch NAACP v. Snyder

May 13, 2013 Complaint
16

Plaintiff's First Amended Verified Complaint

Detroit Branch NAACP v. Snyder

June 27, 2013 Complaint
27

Order Regarding Notice of Pendency of Bankruptcy Case and Application of the Automatic Stay

Aug. 22, 2013 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5312500/detroit-naacp-v-snyder/

Last updated May 12, 2022

ECF Number Description Date Link
1

COMPLAINT filed by All Plaintiffs against All Defendants. Plaintiff requests summons issued. Receipt No: 0645−4089999 − Fee: $ 400. County of 1st Plaintiff: Wayne − County Where Action Arose: Wayne − County of 1st Defendant: Ingham. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5) (Ayad, Nabih) (Entered: 05/13/2013)

May 13, 2013
27

ORDER regarding notice of pendency of bankruptcy case and application of the automatic stay 23 (staying and administratively closing case) Signed by District Judge George Caram Steeh. (MBea)

Aug. 22, 2013 RECAP
2

SUMMONS Issued for *Rick Snyder* (DWor) (Entered: 05/13/2013)

May 13, 2013
3

SUMMONS Issued for *Andrew Dillon* (DWor) (Entered: 05/13/2013)

May 13, 2013
4

SUMMONS Issued for *Ruth Johnson* (DWor) (Entered: 05/13/2013)

May 13, 2013
5

NOTICE of Appearance by Michael F. Murphy on behalf of All Defendants. (Murphy, Michael) (Entered: 05/17/2013)

May 17, 2013
6

NOTICE of Appearance by Denise C. Barton on behalf of Andrew Dillon, Ruth Johnson, Rick Snyder. (Barton, Denise) (Entered: 05/17/2013)

May 17, 2013
7

CERTIFICATE of Service/Summons Returned Executed. Rick Snyder served on 5/16/2013, answer due 6/6/2013. (Ayad, Nabih) (Entered: 05/21/2013)

May 21, 2013
8

CERTIFICATE of Service/Summons Returned Executed. Andrew Dillon served on 5/16/2013, answer due 6/6/2013. (Ayad, Nabih) (Entered: 05/21/2013)

May 21, 2013
9

CERTIFICATE of Service/Summons Returned Executed. Ruth Johnson served on 5/16/2013, answer due 6/6/2013. (Ayad, Nabih) (Entered: 05/21/2013)

May 21, 2013
10

MOTION to Reassign Case by All Defendants. (Murphy, Michael) (Entered: 05/21/2013)

May 21, 2013
11

Second MOTION to Reassign Case Corrected by All Defendants. (Murphy, Michael) (Entered: 05/22/2013)

May 22, 2013
13

MOTION to Dismiss by Andrew Dillon, Ruth Johnson, Rick Snyder. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit A. Fiscal Indicator Scores, # 3 Exhibit B. Treasury's Fiscal Health Indicator Scores) (Barton, Denise) (Entered: 06/06/2013)

June 6, 2013
14

MOTION for Leave to File Excess Pages by All Defendants. (Murphy, Michael) (Entered: 06/06/2013)

June 6, 2013

TEXT−ONLY ORDER GRANTING 14 MOTION for Leave to File Excess Pages filed by Ruth Johnson, Andrew Dillon, Rick Snyder. Entered by District Judge George Caram Steeh (MBea) (Entered: 06/12/2013)

June 12, 2013
15

NOTICE OF HEARING on 13 MOTION to Dismiss . Responses due by 7/9/2013 Replies due by 7/29/2013 Motion Hearing set for 8/28/2013 10:00 AM before District Judge George Caram Steeh (MBea) (Entered: 06/13/2013)

June 13, 2013
16

AMENDED COMPLAINT filed by All Plaintiffs against All Defendants. NO NEW PARTIES ADDED. (Ayad, Nabih) (Entered: 06/27/2013)

June 27, 2013
17

Ex Parte MOTION for Leave to File Excess Pages by All Plaintiffs. (Ayad, Nabih) (Entered: 07/09/2013)

July 9, 2013
18

RESPONSE to 13 MOTION to Dismiss filed by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit 1) (Ayad, Nabih) (Entered: 07/09/2013)

July 9, 2013

TEXT−ONLY ORDER GRANTING 17 Ex Parte MOTION for Leave to File Excess Pages filed by Donnell R White, MI State Conference NAACP, Thomas Stallworth, Detroit NAACP, Rashida Tlaib, Maureen Taylor. Entered by District Judge George Caram Steeh. (MBea) (Entered: 07/10/2013)

July 10, 2013
19

Second MOTION to Dismiss First Amended Complaint by Andrew Dillon, Ruth Johnson, Rick Snyder. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit 1. Fiscal Indicator Scores, # 3 Exhibit 2. Treasurys Fiscal Health Indicator Scores) (Barton, Denise) (Entered: 07/11/2013)

July 11, 2013
20

MOTION for Leave to File Excess Pages by All Defendants. (Murphy, Michael) (Entered: 07/11/2013)

July 11, 2013
21

NOTICE by All Defendants of withdrawal of 13 MOTION to Dismiss . (Murphy, Michael) (Entered: 07/11/2013)

July 11, 2013

TEXT−ONLY ORDER GRANTING 20 MOTION for Leave to File Excess Pages filed by Ruth Johnson, Andrew Dillon, Rick Snyder. Entered by District Judge George Caram Steeh. (MBea) (Entered: 07/12/2013)

July 12, 2013
22

NOTICE OF HEARING on 19 Second MOTION to Dismiss First Amended Complaint . Responses due by 8/13/2013 Replies due by 9/6/2013 Motion Hearing set for 9/30/2013 10:00 AM before District Judge George Caram Steeh (MBea) (Entered: 07/25/2013)

July 25, 2013
23

NOTICE by Andrew Dillon, Ruth Johnson, Rick Snyder Notice of Pendency of Bankruptcy Case and Application of the Automatic Stay (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit 1. Order Pursuant to Section 105(a)) (Barton, Denise) (Entered: 08/07/2013)

Aug. 7, 2013
24

Ex Parte MOTION for Leave to File Excess Pages by All Plaintiffs. (Ayad, Nabih) (Entered: 08/11/2013)

Aug. 11, 2013
25

RESPONSE to 19 Second MOTION to Dismiss First Amended Complaint filed by All Plaintiffs. (Attachments: # 1 Exhibit 1) (Ayad, Nabih) (Entered: 08/11/2013)

Aug. 11, 2013
26

OBJECTION to 23 Notice (Other), by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit 1: Motion by Debtor to Extend, # 2 Exhibit Exhibit 2: Order) (Ayad, Nabih) (Entered: 08/15/2013)

Aug. 15, 2013

State / Territory: Michigan

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: May 13, 2013

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

Residents and registered voters of the City of Detroit and the Detroit Branch of the National Association for the Advancement of Colored People ("NAACP").

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NAACP Legal Defense Fund

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Michigan, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Voting Rights Act, section 5, 52 U.S.C. § 10304 (previously 42 U.S.C. § 1973c)

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

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Voting

Discrimination-basis:

Race discrimination

Race:

Black

Voting:

Vote dilution