Case: Michigan State A. Philip Randolph Institute v. Johnson

2:16-cv-11844 | U.S. District Court for the Eastern District of Michigan

Filed Date: May 24, 2016

Clearinghouse coding complete

Case Summary

On May 24, 2016, the Michigan State A. Philip Randolph Institute and three Michigan voters filed this lawsuit in the United States District Court for the Eastern District of Michigan. The plaintiffs sued the Michigan Secretary of State under 42 U.S.C. § 1983, Section 2 of the Voting Rights Act of 1965, and Title II of the Americans with Disabilities Act. The plaintiffs, represented by private counsel, sought declaratory and injunctive relief to prevent enforcement of Michigan's 2015 Public Act …

On May 24, 2016, the Michigan State A. Philip Randolph Institute and three Michigan voters filed this lawsuit in the United States District Court for the Eastern District of Michigan. The plaintiffs sued the Michigan Secretary of State under 42 U.S.C. § 1983, Section 2 of the Voting Rights Act of 1965, and Title II of the Americans with Disabilities Act. The plaintiffs, represented by private counsel, sought declaratory and injunctive relief to prevent enforcement of Michigan's 2015 Public Act 268, which eliminated straight party voting. The plaintiffs claimed that PA 268 violated the Equal Protection Clause of the Fourteenth Amendment to the Constitution, Section 2 of the VRA, and the ADA. Specifically, they claimed that by abolishing straight party voting, PA 268 unreasonably burdened the right to vote of all Michigan citizens, unreasonably and disproportionately burdened the right to vote of African American citizens, and denied and abridged the right to vote of African Americans because of their race.

On May 27, 2016, plaintiffs filed a motion for a preliminary injunction to prevent enforcement of PA 268, which they followed on June 1, 2016, with their first amended complaint that added the Common Cause nonprofit as another plaintiff. Judge Gershwin A. Drain issued an opinion and order granting a preliminary injunction on July 21, 2016, amended on July 22. Judge Drain found that:

1. PA 268 places a "disproportionate burden on African Americans' right to vote," so plaintiffs will likely succeed on the merits.

2. "When constitutional rights are threatened or impaired, irreparable injury is presumed."

3. Defendant will not be significantly harmed by an injunction, which would only result in the state using ballot procedures that it has used for many years past.

4. The public interest in protecting the right to vote exceeds the state's interest in changing its voting system.

Judge Drain also rejected defendant's arguments against the injunction, concluding that plaintiffs did not delay filing the lawsuit, either purposefully or through lack of diligence. The lawsuit was appropriately filed in federal court because plaintiffs alleged federal claims, that state control of elections did not remove constitutional limits on how they may do so, and that plaintiffs had standing because they reasonably argued that the statute would disproportionately impact them as individuals. However, Judge Drain questioned the sustainability of plaintiff's allegation that PA 268 violated the ADA because "[n]one of the listed Plaintiffs are described as having any disabilities as recognized by the ADA." 209 F.Supp.3d 935.

Over the next month, defendant sought an order from the Sixth Circuit Court of Appeals striking down the preliminary injunction but was unable to persuade Judge Drain to stay the injunction pending appeal. On August 17, 2016, Circuit Judge Karen Nelson Moore, joined by Judges Gilman and Stranch, denied defendant's motion for a stay of the preliminary injunction pending appeal. Using the same four-factor analysis as Judge Drain, Judge Moore found that the District Court did not abuse its discretion by granting the injunction. Judge Gilman wrote separately to emphasize that the Circuit Court's decision was not a final judgment on the merits. Finally, on September 19, 2016, the Sixth Circuit granted defendant's motion to withdraw their appeal against the preliminary injunction. 833 F.3d 656.

Possibly due in part to the defects of their original ADA claim, plaintiffs moved for leave to modify their complaint on November 14, 2016. Plaintiffs sought to remove their allegation that PA 268 violates the ADA, add an allegation that PA 268 intentionally discriminated against African Americans, and add an allegation that PA 268 violated the First Amendment. On January 19, 2017, Judge Drain issued an order and opinion granting in part and denying in part plaintiff's motion to amend the complaint. In particular, Judge Drain:

 

1. Approved plaintiff's request to remove their ADA claim,

2. Approved plaintiffs' request to add a count of intentional discrimination under Sixth Circuit precedent "demonstrat[ing] that multiple Equal Protection claims can co-exist within the same cause of action," and

3. Denied plaintiffs' request to add a First Amendment claim because "[p]laintiffs fail to cite a single relevant authority to support this argument." 2017 WL 3390364.

 

On January 26, 2017, plaintiffs filed their second amended complaint with these changes.

After several months of procedural battles, defendant filed a motion for summary judgment on October 16, 2017. On January 19, 2018, Judge Drain rejected defendant's summary judgment motion. In a detailed opinion based on voluminous expert reports and social science research, Judge Drain found that PA 268 created "more than a minimal" burden on African Americans and that "reasonable minds may disagree" about PA 268's impact. Thus, Judge Drain declared summary judgment inappropriate. However, Judge Drain held that the white plaintiff lacked standing because she did not allege a particularized injury. 2018 WL 493184.

Following the denial of defendant's summary judgment motion and disputes between plaintiffs and the defendant regarding admissibility of certain types of evidence, the case was tried before Judge Drain. On August 1, 2018, Judge Drain delivered an opinion on the merits and issued a permanent injunction against PA 268. 2018 WL 3640439. Judge Drain's amended opinion of August 9, 2018, included findings of fact that PA 268 would "increase wait times" for all voters and "disproportionately" affect African Americans who used straight-party voting at higher rates than whites. In addition, Judge Drain found that PA 268 would reduce voting across all demographics and "disproportionately deter" African Americans. As a result, Judge Drain held that:

 

1. PA 268 violates the Equal Protection Clause because the state's interest in regulating its own elections does not outweigh the burden PA 268 placed on African Americans' voting rights.

2. Michigan "intentionally discriminated" against African Americans by enacting PA 268, thus violating the Equal Protection Clause.

3. PA 268 violates Section 2 of the Voting Rights Act because it "links with social and historical conditions of discrimination" to disparately impact African Americans. 2018 WL 3769326.

 

Following Judge Drain's ruling, defendant appealed to the Sixth Circuit and requested from the District Court a stay of the injunction pending appeal. Judge Drain denied the stay on August 23, 2018. 2018 WL 4024895. However, Circuit Judge Boggs, joined by Judge Kethledge, overruled the District Court and issued a stay on September 5, 2018. Applying the same four-factor test that Judge Drain used to issue the original preliminary injunction but reaching the opposite conclusion, Judge Boggs questioned the opinion's "factual underpinnings and . . . legal analysis," and said defendants established a "likelihood of reversal." Judge Kethledge issued a concurring opinion in which he stated that racial animus does not follow from the fact that PA 268 will likely benefit Republicans. Judge Donald dissented, arguing that the majority neither adequately consider the history of voting discrimination nor gave enough deference to the trial court's findings before granting the stay. The appeal on the merits is ongoing at the Sixth Circuit.

On November 6, 2018, Michigan voters passed Proposal 3 which amended the state constitution to preserve straight party voting, in addition to bringing other voting reforms. As a result of Proposal 3, on January 14, 2019, the Sixth Circuit dismissed defendant's appeal of the permanent injunction as moot. (Circuit Judge Boggs, Kethledge, and Donald). On February 7, 2019, in accordance with the Sixth Circuit's order, Judge Drain vacated the August 1, 2018 judgment and dismissed the case with prejudice.

Plaintiffs filed a motion for attorneys' fees and costs pursuant to 42 U.S.C. § 1988 and 52 U.S.C. § 10310(e). Finding that the plaintiffs prevailed with respect to the preliminary injunction but not with respect to the request for a permanent injunction, Judge Drain awarded plaintiffs with attorneys’ fees and costs for work completed in connection with the preliminary injunction in the amount of $530,874.29.

Summary Authors

Timothy Leake (10/4/2018)

Claire Shimberg (4/22/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4292951/parties/michigan-state-a-philip-randolph-institute-v-johnson/


Judge(s)

Boggs, Danny Julian (Kentucky)

Donald, Bernice Bouie (Tennessee)

Drain, Gershwin Allen (Michigan)

Kethledge, Raymond M. (Michigan)

Majzoub, Mona K. (Michigan)

Attorneys(s) for Plaintiff

Brewer, Mark C. (Michigan)

Gurewitz, Mary Ellen (Michigan)

Attorneys(s) for Defendant

Asbenson, Kendall S. (Michigan)

Barton, Denise C. (Michigan)

Briggs, Elizabeth R. Husa (Michigan)

Judge(s)

Boggs, Danny Julian (Kentucky)

Donald, Bernice Bouie (Tennessee)

Drain, Gershwin Allen (Michigan)

Kethledge, Raymond M. (Michigan)

Majzoub, Mona K. (Michigan)

Attorneys(s) for Plaintiff

Brewer, Mark C. (Michigan)

Gurewitz, Mary Ellen (Michigan)

Attorneys(s) for Defendant

Asbenson, Kendall S. (Michigan)

Barton, Denise C. (Michigan)

Briggs, Elizabeth R. Husa (Michigan)

Fracassi, Adam L.S. (Michigan)

Grill, Erik A. (Michigan)

Ho, Joseph Yung−Kuang (Michigan)

Meingast, Heather S. (Michigan)

Wood, Rock A (Michigan)

Other Attorney(s)

Gordon, Gary P. (Michigan)

Hanselman, Jason T (Michigan)

Lauderbach, Jonathan E (Michigan)

Pirich, John D (Michigan)

Documents in the Clearinghouse

Document

Docket [PACER]

May 31, 2019 Docket
1

Complaint for Declaratory and Injunctive Relief

May 24, 2016 Complaint
25

Amended Opinion and Order Granting Plaintiffs' Motion for Preliminary Injunction [4]

July 22, 2016 Order/Opinion
39

Opinion and Order Denying Defendant's Motion to Stay Preliminary Injunction [29]

Aug. 15, 2016 Order/Opinion
40

Opinion

U. S. Court of Appeals for the Sixth Circuit

Aug. 17, 2016 Order/Opinion
55

Opinion and Order Granting in Part and Denying in Part Plaintiffs' Motion for Leave to File a Second Amended Complaint [46]

Jan. 19, 2017 Order/Opinion
56

Second Amended Complaint for Declaratory and Injunctive Relief

Jan. 26, 2017 Complaint
124

Opinion and Order Denying Defendant's Motion for Summary Judgment [102]

Jan. 19, 2018 Order/Opinion
153

Amended Opinion and Order Granting Plaintiffs' Request for Permanent Injunction Relief

Aug. 9, 2018 Order/Opinion
160

Opinion and Order Denying Emergency Motion for Stay Pending Appeal [156]

Aug. 23, 2018 Order/Opinion

Resources

Title Description External URL

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4292951/michigan-state-a-philip-randolph-institute-v-johnson/

Last updated May 20, 2022, 4:56 a.m.

ECF Number Description Date Link
1

COMPLAINT filed by All Plaintiffs against All Defendants. Plaintiff requests summons issued. Receipt No: 0645-5706592 - Fee: $ 400. County of 1st Plaintiff: Oakland - 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, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17) (Brewer, Mark) (Entered: 05/24/2016)

1 Index of Exhibits

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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12 Exhibit 11

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13 Exhibit 12

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14 Exhibit 13

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15 Exhibit 14

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16 Exhibit 15

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17 Exhibit 16

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18 Exhibit 17

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May 24, 2016 PACER
2

SUMMONS Issued for *Ruth A. Johnson* (LHos) (Entered: 05/24/2016)

May 24, 2016 PACER
3

CERTIFICATE of Service/Summons Returned Executed. Ruth A. Johnson served on 5/26/2016, answer due 6/16/2016. (Acker, Gerald) (Entered: 05/26/2016)

May 26, 2016 PACER
4

MOTION for Preliminary Injunction Ex Parte Motion for Leave to File a Brief in Excess of 25 Pages, Brief in Support of Motion for Preliminary Injunction and Certificate of Service by All Plaintiffs. (Brewer, Mark) (Entered: 05/27/2016)

May 27, 2016 PACER
5

NOTICE of Appearance by Denise C. Barton on behalf of Ruth A. Johnson. (Barton, Denise) (Entered: 05/31/2016)

May 31, 2016 PACER
6

NOTICE of Appearance by Erik A. Grill on behalf of Ruth A. Johnson. (Grill, Erik) (Entered: 05/31/2016)

May 31, 2016 PACER
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NOTICE of Appearance by Adam L.S. Fracassi on behalf of Ruth A. Johnson. (Fracassi, Adam) (Entered: 05/31/2016)

May 31, 2016 PACER
8

NOTICE of Appearance by Joseph Yung-Kuang Ho on behalf of Ruth A. Johnson. (Ho, Joseph) (Entered: 05/31/2016)

May 31, 2016 PACER
9

ANSWER to Complaint FIRST AMENDED COMPLAINT by All Plaintiffs. (Brewer, Mark)[NOT AN ANSWER - AMENDED COMPLAINT - ADDING PARTIES] Modified on 7/22/2016 (JOwe). (Entered: 06/01/2016)

June 1, 2016 PACER
10

NOTICE OF HEARING on 4 MOTION for Preliminary Injunction Ex Parte Motion for Leave to File a Brief in Excess of 25 Pages, Brief in Support of Motion for Preliminary Injunction and Certificate of Service. Motion Hearing set for 6/28/2016 02:00 PM before District Judge Gershwin A. Drain. (TBan) (Entered: 06/02/2016)

June 2, 2016 PACER
11

STIPULATED ORDER EXTENDING TIME FOR DEFENDANT TO RESPOND TO PLAINTIFFS COMPLAINT. Signed by District Judge Gershwin A. Drain. (TBan) (Entered: 06/03/2016)

June 3, 2016 PACER
12

NOTICE TO APPEAR: Scheduling Conference set for 8/10/2016 11:00 AM before District Judge Gershwin A. Drain. (DPar) (Entered: 06/15/2016)

June 15, 2016 PACER
13

NOTICE OF SCHEDULING CONFERENCE ORDER. Signed by District Judge Gershwin A. Drain. (DPar) (Entered: 06/15/2016)

June 15, 2016 PACER
14

Ex Parte MOTION for Leave to File Excess Pages for Brief in Support of Defendant's Response in Opposition to (#4) Plaintiffs' Motion for Preliminary Injunction by Ruth A. Johnson. (Barton, Denise) (Entered: 06/17/2016)

June 17, 2016 PACER
15

RESPONSE to 4 MOTION for Preliminary Injunction Ex Parte Motion for Leave to File a Brief in Excess of 25 Pages, Brief in Support of Motion for Preliminary Injunction and Certificate of Service filed by Ruth A. Johnson. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit Exh 1- Senate Fiscal Analysis (Nov. 19, 2015), # 3 Exhibit Exh 2- Phillips v Snyder, # 4 Exhibit Exh 3- Affidavit of Christopher M. Thomas) (Barton, Denise) (Entered: 06/17/2016)

1 Index of Exhibits Exhibit List

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2 Exhibit Exh 1- Senate Fiscal Analysis (Nov. 19, 2015)

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3 Exhibit Exh 2- Phillips v Snyder

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4 Exhibit Exh 3- Affidavit of Christopher M. Thomas

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June 17, 2016 PACER
16

ORDER GRANTING PLAINTIFFS' MOTION TO FILE A BRIEF IN EXCESS OF 25 PAGES 4, GRANTING DEFENDANT'S EX PARTE MOTION FOR LEAVE TO FILE EXCESS PAGES FOR BRIEF IN SUPPORT OF DEFENDANT'S RESPONSE 14, AND ADJOURNING ORAL ARGUMENT UNTIL JULY 14, 2016. Signed by District Judge Gershwin A. Drain. (DPar) (Entered: 06/22/2016)

June 22, 2016 PACER
17

NOTICE OF HEARING. Motion Hearing for Preliminary Injunction 4 set for 7/14/2016 11:00 AM before District Judge Gershwin A. Drain. (DPar) (Entered: 06/22/2016)

June 22, 2016 PACER
18

REPLY to Response re 4 MOTION for Preliminary Injunction Ex Parte Motion for Leave to File a Brief in Excess of 25 Pages, Brief in Support of Motion for Preliminary Injunction and Certificate of Service Reply Brief, Ex Parte Motion for Leave to File a Reply Brief in Excess of 7 Pages and Certificate of Service filed by All Plaintiffs. (Brewer, Mark) (Entered: 06/27/2016)

June 27, 2016 PACER
19

ORDER GRANTING PLAINTIFFS EX PARTE MOTION TO FILE REPLY BRIEF IN EXCESS OF SEVEN PAGES 18 . Signed by District Judge Gershwin A. Drain. (TBan) (Entered: 06/28/2016)

June 28, 2016 PACER
20

RESPONSE to 4 MOTION for Preliminary Injunction Ex Parte Motion for Leave to File a Brief in Excess of 25 Pages, Brief in Support of Motion for Preliminary Injunction and Certificate of Service filed by Ruth A. Johnson. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit 1. Senate Fiscal Agency Bill Analysis, # 3 Exhibit 2. McNeilley v Land Order, # 4 Exhibit 3. Phillips v Snyder Order, # 5 Exhibit 4. Thomas Affidavit) (Barton, Denise) (Entered: 06/28/2016)

1 Index of Exhibits Exhibit List

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2 Exhibit 1. Senate Fiscal Agency Bill Analysis

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3 Exhibit 2. McNeilley v Land Order

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4 Exhibit 3. Phillips v Snyder Order

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5 Exhibit 4. Thomas Affidavit

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June 28, 2016 PACER
21

REPLY to Response re 14 Ex Parte MOTION for Leave to File Excess Pages for Brief in Support of Defendant's Response in Opposition to (#4) Plaintiffs' Motion for Preliminary Injunction Reply Brief and Certificate of Service filed by All Plaintiffs. (Brewer, Mark) (Entered: 07/06/2016)

July 6, 2016 PACER
22

MOTION in Limine to Exclude the Testimony of Kurt Metzger and to Strike Report of Theodore Allan and for Entry of Scheduling Order to Conduct Immediate Limited Preliminary Discovery by Ruth A. Johnson. (Grill, Erik) (Entered: 07/13/2016)

July 13, 2016 PACER
23

RESPONSE to 22 MOTION in Limine to Exclude the Testimony of Kurt Metzger and to Strike Report of Theodore Allan and for Entry of Scheduling Order to Conduct Immediate Limited Preliminary Discovery and Certificate of Service filed by All Plaintiffs. (Brewer, Mark) (Entered: 07/13/2016)

July 13, 2016 PACER
24

OPINION AND ORDER Granting Plaintiffs' 4 MOTION for PRELIMINARY INJUNCTION. Signed by District Judge Gershwin A. Drain. (SBur) (Entered: 07/21/2016)

July 21, 2016 RECAP
25

AMENDED OPINION AND ORDER Granting Plaintiffs' 4 MOTION for PRELIMINARY INJUNCTION. Signed by District Judge Gershwin A. Drain. (SBur) (Entered: 07/22/2016)

July 22, 2016 RECAP
26

TRANSCRIPT of Motion held on 7/14/2016. (Court Reporter: Merilyn Jones) (Number of Pages: 52) (Appeal Purposes) The parties have 21 days to file with the court and Court Reporter a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 8/15/2016. Redacted Transcript Deadline set for 8/25/2016. Release of Transcript Restriction set for 10/24/2016. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/www.transcriptorders.com before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Jones, M) (Entered: 07/25/2016)

July 25, 2016 PACER
27

NOTICE OF APPEAL by Ruth A. Johnson re 25 Preliminary Injunction. Fee Status: No Fee Paid. (Barton, Denise) (Entered: 07/25/2016)

July 25, 2016 PACER
28

Certificate of Service re 27 Notice of Appeal. (LGra) (Entered: 07/25/2016)

July 25, 2016 PACER
29

Emergency MOTION to Stay re 25 Preliminary Injunction Pending Appeal by Ruth A. Johnson. (Barton, Denise) (Entered: 07/29/2016)

July 29, 2016 PACER
30

ORDER FOR PRELIMINARY INJUNCTION. Signed by District Judge Gershwin A. Drain. (SBur) (Entered: 08/01/2016)

Aug. 1, 2016 RECAP
31

MOTION for Leave to File Excess Pages for Defendant's Emergency Supplemental Motion for Stay Pending Appeal by Ruth A. Johnson. (Barton, Denise) (Entered: 08/01/2016)

Aug. 1, 2016 PACER
32

SUPPLEMENTAL BRIEF re 29 Emergency MOTION to Stay re 25 Preliminary Injunction Pending Appeal filed by Ruth A. Johnson. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit 1. Sixth Circuit COA Docketing Letter) (Barton, Denise) (Entered: 08/01/2016)

1 Index of Exhibits Exhibit List

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2 Exhibit 1. Sixth Circuit COA Docketing Letter

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Aug. 1, 2016 PACER
33

NOTICE OF APPEAL by Ruth A. Johnson re 30 Preliminary Injunction. Fee Status: No Fee Paid. (Barton, Denise) (Entered: 08/02/2016)

Aug. 2, 2016 RECAP
34

ORDER Granting Defendant's 31 MOTION for Leave to File Excess Pages and Requiring Responsive Pleading to Defendant's 29 MOTION to Stay. (Plaintiffs Response due by 8/8/2016, Defendant's Reply due by 8/12/2016) Signed by District Judge Gershwin A. Drain. (SBur) (Entered: 08/03/2016)

Aug. 3, 2016 PACER
35

Certificate of Service re 33 Notice of Appeal. (LGra) (Entered: 08/03/2016)

Aug. 3, 2016 PACER
36

RESPONSE to 29 Emergency MOTION to Stay re 25 Preliminary Injunction Pending Appeal filed by All Plaintiffs. (Gurewitz, Mary Ellen) (Entered: 08/08/2016)

Aug. 8, 2016 PACER
37

MOTION TO EXTEND to Respond to First Amended Complaint re 9 Answer to Complaint by Ruth A. Johnson. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit 1. Lansing Automakers Federal Credit Union v MCG Portfolio Mgmt Corp) (Barton, Denise) (Entered: 08/10/2016)

1 Index of Exhibits Exhibit List

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2 Exhibit 1. Lansing Automakers Federal Credit Union v MCG Portfolio Mgmt Corp

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Aug. 10, 2016 PACER
38

REPLY to Response re 29 Emergency MOTION to Stay re 25 Preliminary Injunction Pending Appeal filed by Ruth A. Johnson. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit 1. Frank v Walker) (Barton, Denise) (Entered: 08/12/2016)

1 Index of Exhibits Exhibit List

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2 Exhibit 1. Frank v Walker

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Aug. 12, 2016 PACER
39

OPINION and ORDER Denying Defendant's 29 Emergency MOTION to Stay Preliminary Injunction. Signed by District Judge Gershwin A. Drain. (TMcg) (Entered: 08/15/2016)

Aug. 15, 2016 RECAP
40

OPINION and JUDGMENT from U.S. Court of Appeals - Sixth Circuit re 27 Notice of Appeal filed by Ruth A. Johnson, 33 Notice of Appeal filed by Ruth A. Johnson [Appeal Case Number 16-2071/16-2115] (Ahmed, N) (Entered: 08/17/2016)

Aug. 17, 2016 PACER
41

ORDER Granting In Part and Denying In Part Defendant's 22 Motion in Limine. Signed by District Judge Gershwin A. Drain. (TMcg) (Entered: 08/19/2016)

Aug. 19, 2016 PACER
42

ORDER Granting Defendant's re 37 MOTION TO EXTEND to Respond to First Amended Complaint re 9 Answer to Complaint filed by Ruth A. Johnson., (Response due by 9/9/2016) Signed by District Judge Gershwin A. Drain. (TMcg) (Entered: 08/22/2016)

Aug. 22, 2016 PACER
43

STIPULATED ORDER Extending Time for Defendant to Respond to Plaintiffs' Amended Complaint 9, ( Responsive Pleading due by 11/15/2016.) Signed by District Judge Gershwin A. Drain. (TMcg) (Entered: 09/14/2016)

Sept. 14, 2016 PACER
44

Notice of E-mail Delivery Failure as to attorney Mary Ellen Gurewitz. Bounced NEF for 42 Order, Set Deadlines/Hearings,,. (SSch) (Entered: 09/14/2016)

Sept. 14, 2016 PACER
45

ORDER from U.S. Court of Appeals - Sixth Circuit re 27 Notice of Appeal filed by Ruth A. Johnson, 33 Notice of Appeal filed by Ruth A. Johnson [Appeal Case Number 16-2071/16-2115] (Ahmed, N) (Entered: 09/20/2016)

Sept. 19, 2016 PACER
46

MOTION for Leave to File Second Amended Complaint by All Plaintiffs. (Attachments: # 1 Exhibit Second Amended Complaint) (Gurewitz, Mary Ellen) (Entered: 11/14/2016)

1 Exhibit Second Amended Complaint

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Nov. 14, 2016 RECAP
47

ANSWER to Complaint with Affirmative Defenses by Ruth A. Johnson. (Barton, Denise) (Entered: 11/15/2016)

Nov. 15, 2016 PACER
48

STIPULATED ORDER EXTENDING TIME FOR DEFENDANT TO RESPONDTO PLAINTIFFS' MOTION. Signed by District Judge Gershwin A. Drain. (TBan) (Entered: 11/28/2016)

Nov. 28, 2016 PACER
49

NOTICE of Appearance by Rock A. Wood on behalf of Ruth A. Johnson. (Wood, Rock) (Entered: 12/01/2016)

Dec. 1, 2016 PACER
50

RESPONSE to 46 MOTION for Leave to File Second Amended Complaint filed by Ruth A. Johnson. (Wood, Rock) (Entered: 12/01/2016)

Dec. 1, 2016 PACER
51

DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Gurewitz, Mary Ellen) (Entered: 12/05/2016)

Dec. 5, 2016 PACER
52

REPLY to Response re 46 MOTION for Leave to File Second Amended Complaint filed by All Plaintiffs. (Gurewitz, Mary Ellen) (Entered: 12/12/2016)

Dec. 12, 2016 PACER
53

SCHEDULING ORDER: Discovery due by 6/27/2017; Dispositive Motion Cut-off set for 7/31/2017; Final Pretrial Conference set for 9/18/2017 10:00 AM before District Judge Gershwin A. Drain; Bench Trial set for 9/26/2017 09:00 AM before District Judge Gershwin A. Drain Signed by District Judge Gershwin A. Drain. (Refer to image for additional dates) (TBan) (Entered: 12/19/2016)

Dec. 19, 2016 PACER
54

NOTICE OF HEARING on 46 MOTION for Leave to File Second Amended Complaint. Motion Hearing set for 1/17/2017 10:00 AM before District Judge Gershwin A. Drain (TBan) (Entered: 12/20/2016)

Dec. 20, 2016 PACER
55

OPINION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT 46 . Signed by District Judge Gershwin A. Drain. (TBan) (Entered: 01/19/2017)

Jan. 19, 2017 RECAP
56

AMENDED COMPLAINT For Declaratory And Injunctive Relief filed by All Plaintiffs against All Defendants. NO NEW PARTIES ADDED. (Gurewitz, Mary Ellen) (Entered: 01/26/2017)

Jan. 26, 2017 PACER
57

ANSWER to Amended Complaint with Affirmative Defenses by Ruth A. Johnson. (Wood, Rock) (Entered: 02/09/2017)

Feb. 9, 2017 PACER
58

Preliminary WITNESS LIST by Ruth A. Johnson (Barton, Denise) (Entered: 03/01/2017)

March 1, 2017 PACER
59

STIPULATED ORDER Extending Scheduling Order (R.53) Deadlines, ( Discovery due by 8/29/2017, Dispositive Motion Cut-off RE-set for 9/29/2017, Final Pretrial Conference RE-set for 11/27/2017 at 2:00 PM before District Judge Gershwin A. Drain, Jury Trial RE-set for 12/12/2017 at 9:00 AM before District Judge Gershwin A. Drain.) Signed by District Judge Gershwin A. Drain. (TMcg) (Entered: 04/20/2017)

April 20, 2017 PACER
60

Plaintiffs WITNESS LIST by All Plaintiffs (Brewer, Mark) (Entered: 06/30/2017)

June 30, 2017 PACER
61

CERTIFICATE OF SERVICE re 60 Witness List by All Plaintiffs (Brewer, Mark) (Entered: 06/30/2017)

June 30, 2017 PACER
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Defendant's WITNESS LIST by Ruth A. Johnson (Wood, Rock) (Entered: 06/30/2017)

June 30, 2017 PACER
63

ATTORNEY APPEARANCE: Jonathan E. Lauderbach appearing on behalf of Lisa Lyons (Lauderbach, Jonathan) (Entered: 07/24/2017)

July 24, 2017 PACER
64

MOTION to Quash Subpoena by Lisa Lyons. (Lauderbach, Jonathan) (Entered: 07/24/2017)

July 24, 2017 PACER
65

ORDER REFERRING MOTION to Magistrate Judge Mona K. Majzoub: 64 MOTION to Quash Subpoena filed by Lisa Lyons. Signed by District Judge Gershwin A. Drain. (TBan) (Entered: 07/24/2017)

July 24, 2017 PACER
66

Notice of Determination of Motion Without Oral Argument re 64 MOTION to Quash Subpoena (LBar) (Entered: 07/25/2017)

July 25, 2017 PACER
67

ATTORNEY APPEARANCE: Jonathan E. Lauderbach appearing on behalf of Michael McCready (Lauderbach, Jonathan) (Entered: 07/31/2017)

July 31, 2017 PACER
68

MOTION to Quash Non-Party Michael McCready's Motion and Brief to Quash Subpoena by Michael McCready. (Attachments: # 1 Exhibit Exhibit A - Subpoena) (Lauderbach, Jonathan) (Entered: 07/31/2017)

1 Exhibit Exhibit A - Subpoena

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July 31, 2017 PACER
69

ORDER REFERRING MOTION to Magistrate Judge Mona K. Majzoub: 68 MOTION to Quash Non-Party Michael McCready's Motion and Brief to Quash Subpoena filed by Michael McCready. Signed by District Judge Gershwin A. Drain. (TBan) (Entered: 07/31/2017)

July 31, 2017 PACER
70

Notice of Determination of Motion Without Oral Argument re 68 MOTION to Quash Non-Party Michael McCready's Motion to Quash Subpoena (LBar) (Entered: 08/01/2017)

Aug. 1, 2017 PACER
71

MOTION to Quash Subpoena and for Protective Order by David Robertson, Marty Knollenberg. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit A - David Robertson Subpoena, # 3 Exhibit B - Knollenberg Subpoena) (Gordon, Gary) (Entered: 08/07/2017)

1 Index of Exhibits Index of Exhibits

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2 Exhibit A - David Robertson Subpoena

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3 Exhibit B - Knollenberg Subpoena

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Aug. 7, 2017 PACER
72

RESPONSE to 64 MOTION to Quash Subpoena filed by Ruth A. Johnson. (Barton, Denise) (Entered: 08/07/2017)

Aug. 7, 2017 PACER
73

ATTORNEY APPEARANCE: Jason T Hanselman appearing on behalf of Marty Knollenberg, David Robertson (Hanselman, Jason) (Entered: 08/08/2017)

Aug. 8, 2017 PACER
74

ATTORNEY APPEARANCE: Gary P. Gordon appearing on behalf of Marty Knollenberg, David Robertson (Gordon, Gary) (Entered: 08/08/2017)

Aug. 8, 2017 PACER
75

ORDER REFERRING MOTION to Magistrate Judge Mona K. Majzoub: 71 MOTION to Quash Subpoena and for Protective Order filed by Marty Knollenberg, David Robertson. Signed by District Judge Gershwin A. Drain. (TBan) (Entered: 08/08/2017)

Aug. 8, 2017 PACER
76

Notice of Determination of Motion Without Oral Argument re 71 MOTION to Quash Subpoena and for Protective Order (LHos) (Entered: 08/08/2017)

Aug. 8, 2017 PACER
77

NOTICE of Appearance by John D. Pirich on behalf of Arlan Meekhof. (Pirich, John) (Entered: 08/08/2017)

Aug. 8, 2017 PACER
78

MOTION Quash Subpoena by Arlan Meekhof. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8) (Pirich, John) (Entered: 08/08/2017)

1 Exhibit Exhibit 1

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2 Exhibit Exhibit 2

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3 Exhibit Exhibit 3

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4 Exhibit Exhibit 4

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5 Exhibit Exhibit 5

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6 Exhibit Exhibit 6

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7 Exhibit Exhibit 7

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8 Exhibit Exhibit 8

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Aug. 8, 2017 PACER
79

ORDER REFERRING MOTION to Magistrate Judge Mona K. Majzoub: 78 MOTION Quash Subpoena filed by Arlan Meekhof. Signed by District Judge Gershwin A. Drain. (TBan) (Entered: 08/08/2017)

Aug. 8, 2017 PACER
80

Notice of Determination of Motion Without Oral Argument re 78 MOTION Quash Subpoena (LHos) (Entered: 08/09/2017)

Aug. 9, 2017 PACER
81

NOTICE of Appearance by Kendell S. Asbenson on behalf of Ruth A. Johnson. (Asbenson, Kendell) (Entered: 08/14/2017)

Aug. 14, 2017 PACER
82

MOTION TO EXTEND Discovery Cutoff re 59 Stipulation and Order, Set Scheduling Order Deadlines,,,, by All Plaintiffs. (Gurewitz, Mary Ellen) (Entered: 08/14/2017)

Aug. 14, 2017 PACER
83

RESPONSE to 68 MOTION to Quash Non-Party Michael McCready's Motion and Brief to Quash Subpoena filed by Ruth A. Johnson. (Barton, Denise) (Entered: 08/14/2017)

Aug. 14, 2017 PACER
84

[STRICKEN] STIPULATION re 64 MOTION to Quash Subpoena to Extend Time to Respond by All Plaintiffs (Gurewitz, Mary Ellen) Modified on 8/16/2017 (LHos). (Entered: 08/15/2017)

Aug. 15, 2017 PACER
85

[STRICKEN] STIPULATION re 68 MOTION to Quash Non-Party Michael McCready's Motion and Brief to Quash Subpoena to Extend Time to Respond by All Plaintiffs (Gurewitz, Mary Ellen) Modified on 8/16/2017 (LHos). (Entered: 08/15/2017)

Aug. 15, 2017 PACER
86

STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO LISA POSTHUMUS LYON'S MOTION TO QUASH 64 - Signed by Magistrate Judge Mona K. Majzoub. (LHos) (Entered: 08/16/2017)

Aug. 16, 2017 PACER
87

STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO MICHAEL MCCREADY'S MOTION TO QUASH 68 - Signed by Magistrate Judge Mona K. Majzoub. (LHos) (Entered: 08/16/2017)

Aug. 16, 2017 PACER
88

RESPONSE to 64 MOTION to Quash Subpoena filed by All Plaintiffs. (Gurewitz, Mary Ellen) (Entered: 08/21/2017)

Aug. 21, 2017 PACER
89

[STRICKEN] RESPONSE to 68 MOTION to Quash Non-Party Michael McCready's Motion and Brief to Quash Subpoena filed by All Plaintiffs. (Gurewitz, Mary Ellen) Modified on 8/22/2017 (LHos). (Entered: 08/21/2017)

Aug. 21, 2017 PACER
90

RESPONSE to 71 MOTION to Quash Subpoena and for Protective Order filed by All Plaintiffs. (Gurewitz, Mary Ellen) (Entered: 08/21/2017)

Aug. 21, 2017 PACER
91

RESPONSE to 78 MOTION Quash Subpoena filed by All Plaintiffs. (Gurewitz, Mary Ellen) (Entered: 08/21/2017)

Aug. 21, 2017 PACER
92

[CORRECTED] RESPONSE to 68 MOTION to Quash Non-Party Michael McCready's Motion and Brief to Quash Subpoena Corrected Version filed by All Plaintiffs. (Gurewitz, Mary Ellen) Modified on 8/22/2017 (LHos). (Entered: 08/21/2017)

Aug. 21, 2017 PACER
93

RESPONSE to 78 MOTION Quash Subpoena to Non-Party Senator Arlan Meekhof filed by Ruth A. Johnson. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit 1. Arndt v. Ford Motor Co, # 3 Exhibit 2. Taylor v Countrywide Home Loans) (Barton, Denise) (Entered: 08/21/2017)

1 Index of Exhibits Exhibit List

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2 Exhibit 1. Arndt v. Ford Motor Co

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3 Exhibit 2. Taylor v Countrywide Home Loans

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Aug. 21, 2017 PACER
94

RESPONSE to 71 MOTION to Quash Subpoena and for Protective Order Non-Party Senator Marty Knollenberg's and Senator David Robertson's filed by Ruth A. Johnson. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit 1. Arndt v Ford Motor Corp, # 3 Exhibit Taylor v. Countrywide Home Loans) (Barton, Denise) (Entered: 08/21/2017)

1 Index of Exhibits Exhibit List

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2 Exhibit 1. Arndt v Ford Motor Corp

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3 Exhibit Taylor v. Countrywide Home Loans

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Aug. 21, 2017 PACER
95

RESPONSE to 78 MOTION Quash Subpoena filed by Arlan Meekhof. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4) (Pirich, John) Modified on 8/29/2017 (LHos).[DOCUMENT ENTITLED ARLAN MEEKHOF'S REPLY BRIEF IN SUPPORT OF HIS MOTION TO QUASH PLAINTIFFS' SUBPOENAS] (Entered: 08/28/2017)

1 Exhibit Exhibit 1

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2 Exhibit Exhibit 2

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3 Exhibit Exhibit 3

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4 Exhibit Exhibit 4

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Aug. 28, 2017 PACER
96

REPLY to Response re 71 MOTION to Quash Subpoena and for Protective Order filed by Marty Knollenberg, David Robertson. (Gordon, Gary) (Entered: 08/28/2017)

Aug. 28, 2017 PACER
97

REPLY to Response re 64 MOTION to Quash Subpoena, 68 MOTION to Quash Non-Party Michael McCready's Motion and Brief to Quash Subpoena Non-Parties Lisa Posthumus Lyons and Michael McCready's Joint Reply in Support of Their Motions to Quash Subpoenas filed by Lisa Lyons, Michael McCready. (Lauderbach, Jonathan) (Entered: 08/28/2017)

Aug. 28, 2017 PACER
98

RESPONSE to 82 MOTION TO EXTEND Discovery Cutoff re 59 Stipulation and Order, Set Scheduling Order Deadlines,,,, filed by Ruth A. Johnson. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit 1. Excerpts of Deposition of Kurt Metzger, # 3 Exhibit 2. Ottawa County Election Results Summary, # 4 Exhibit 3. Cumulative Report, # 5 Exhibit 4. Statement of Votes Cast, # 6 Exhibit 5. Affidavit of Sally Williams) (Barton, Denise) (Entered: 08/28/2017)

1 Index of Exhibits Exhibit List

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2 Exhibit 1. Excerpts of Deposition of Kurt Metzger

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3 Exhibit 2. Ottawa County Election Results Summary

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4 Exhibit 3. Cumulative Report

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5 Exhibit 4. Statement of Votes Cast

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6 Exhibit 5. Affidavit of Sally Williams

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Aug. 28, 2017 PACER
99

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS MOTION TO EXTEND THE DISCOVERY CUTOFF, AND AMENDING SCHEDULING ORDER. Signed by District Judge Gershwin A. Drain. (TBan) (Entered: 09/08/2017)

Sept. 8, 2017 RECAP
100

Ex Parte MOTION for Leave to File Excess Pages for Brief in Support of Motion for Summary Judgment by Ruth A. Johnson. (Barton, Denise) (Entered: 10/12/2017)

Oct. 12, 2017 PACER

State / Territory: Michigan

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: May 24, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Michigan State A. Philip Randolph Institute, a division of the AFL-CIO dedicated to advancing racial equality and economic justice. Common Cause, a nonprofit corporation and democracy organization. An African American lifelong voter. A white social justice activist and registered voter. An African American voter who uses the straight party option in elections.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Michigan

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Michigan Secretary of State, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Amount Defendant Pays: $530,874.29

Order Duration: 2016 - 2018

Content of Injunction:

Preliminary relief granted

Issues

General:

Voting

Voting access

Discrimination-basis:

Race discrimination

Race:

Black

Voting:

Election administration