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Case: Griffin v. Hawaii

1:20-cv-00298 | U.S. District Court for the District of Hawaii

Filed Date: July 2, 2020

Closed Date: Dec. 8, 2020

Clearinghouse coding complete

Case Summary

This is a case about Hawaii's mail-in voting program. On July 2, 2020, a candidate for Hawaii's 1st Congressional District filed this lawsuit in the U.S. District Court for the District of Hawaii. The plaintiff sued the State of Hawaii. The pro-se plaintiff sought a preliminary injunction to delay the implementation of the "Mail-In" program that the State of Hawaii was instituting in the Primary and General Elections. Plaintiff claimed that voter fraud would result from ballots being intercepte…

This is a case about Hawaii's mail-in voting program. On July 2, 2020, a candidate for Hawaii's 1st Congressional District filed this lawsuit in the U.S. District Court for the District of Hawaii. The plaintiff sued the State of Hawaii. The pro-se plaintiff sought a preliminary injunction to delay the implementation of the "Mail-In" program that the State of Hawaii was instituting in the Primary and General Elections. Plaintiff claimed that voter fraud would result from ballots being intercepted or thrown out by accident; that the system was unfair to people with disabilities; that alternative in-person voting options were inadequate; and that the hasty decision by the legislature to implement the program was either illegal or against the spirit of system of free elections.

On September 28, 2020, Judge Derrick K. Watson granted the defendant's motion to dismiss, and denied plaintiff's motion for an emergency injunction. Judge Watson dismissed the complaint for failure to allege any jurisdictional basis for bringing this action in federal court. The complaint also lacked any information on the specific statutory or constitutional provisions that were violated, why they had been violated, and how. Further, plaintiff appeared to have been seeking an injunction to stop both the 2020 primary and general elections in Hawaii. Because the primary election already occurred, and because the complaint is dismissed, Judge Watson denied the motion for an emergency injunction. 2020 WL 5790380.

On October 13, 2020, plaintiff filed an amended complaint under Section 1983, H.R 3295-4 Section U (G), H.R 3295-4 Section H (H), and the Ballot Collection Procedures and Chain of Custody as outlined in The Cybersecurity and Inffastructare Security Agency (CISA), National Risk Management Center (NRMC). 

However, on December 8, 2020, Judge Watson again granted defendant's motion to dismiss, concluding that the plaintiff failed to establish standing and that the issues raised in the amended complaint were moot. Plaintiff's claims were moot as they concern the implementation of voting procedures for elections that have now passed. 2020 WL 7233343. The case is now closed.

Summary Authors

Michelle Wolk (1/31/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17352605/parties/griffin-v-state-of-hawaii/


Judge(s)

Mansfield, Kenneth J. (Hawaii)

Watson, Derrick Kahala (Hawaii)

Attorneys(s) for Plaintiff

Griffin, Calvin C. (Hawaii)

Attorneys(s) for Defendant

Cruz, Skyler G. (Hawaii)

Judge(s)

Mansfield, Kenneth J. (Hawaii)

Watson, Derrick Kahala (Hawaii)

Attorneys(s) for Plaintiff

Griffin, Calvin C. (Hawaii)

Attorneys(s) for Defendant

Cruz, Skyler G. (Hawaii)

Documents in the Clearinghouse

Document

1:20-cv-00298

Docket [PACER]

Oct. 29, 2020

Oct. 29, 2020

Docket
1

1:20-cv-00298

Complaint for Violation of Civil Rights

July 2, 2020

July 2, 2020

Complaint
22

1:20-cv-00298

Order (1) Granting Motion to Dismiss with Leave to Amend, and (2) Denying Motion for an Emergency Injunction

Sept. 28, 2020

Sept. 28, 2020

Order/Opinion
23

1:20-cv-00298

Amended Complaint

Oct. 13, 2020

Oct. 13, 2020

Complaint
29

1:20-cv-00298

Order Granting Defendant's Motion to Dismiss

Dec. 8, 2020

Dec. 8, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17352605/griffin-v-state-of-hawaii/

Last updated Nov. 30, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR VIOLATION OF CIVIL RIGHTS against State of Hawaii - filed by Calvin Christopher Griffin (jo) (Entered: 07/06/2020)

July 2, 2020

July 2, 2020

Clearinghouse
2

Filing fee received: $400.00; Receipt number HI028936 re 1 Complaint (jo) (Entered: 07/06/2020)

July 2, 2020

July 2, 2020

PACER
3

Order Setting Rule 16 Scheduling Conference for 09:30 AM on 8/31/2020 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 7/2/2020. (Attachments: # 1 Memo From the Clerk Re: Corporate Disclosure Statements) (jo) (Entered: 07/06/2020)

July 2, 2020

July 2, 2020

PACER
4

CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure (Attachments: # 1 Notice of a Lawsuit and Request to Waive Service of Summons, # 2 Waiver of the Service of Summons) (jo) (Entered: 07/06/2020)

July 2, 2020

July 2, 2020

PACER
5

NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE YOU MUST COMPLETE AND FILE THE ATTACHED ELECTION FORM. Each party must indicate consent or decline to consent by completing the attached Election Form and returning it to the Clerk's Office no later than twenty-one 21 days after entry of appearance.In the event a dispositive motion is filed prior to the date on which the submission of the Election Form is required, the parties must return the completed Election Form within seven (7) calendar days after the motion is filed. FILING INSTRUCTIONS: After completing the form, ALL registered CM/ECF participants are now required to e-file this document. Use the event Consent Election Form, found under Civil Events; Other Filings; Consent Election Form. All other parties MUST file the form by mail, or in person, at the Clerks Office: U.S. District Court, 300 Ala Moana Blvd Room C-338 Honolulu, HI 96850, Attention: Consent Clerk. The form can be found on the court's website http://www.hid.uscourts.gov ATTACH THE NOTICE AND ELECTION FORM TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE NOTICE AND ELECTION FORM MUST BE SERVED WITH THE DOCUMENT. (jo) (Entered: 07/06/2020)

July 2, 2020

July 2, 2020

PACER
6

MOTION For Emergency Injunction - filed by Plaintiff Calvin Christopher Griffin (jo) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
7

EO: The Clerk's Office is directed to reassign this case to a district judge. Judge Kenneth J. Mansfield will remain as the Magistrate Judge assigned to this action. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(mansfield2)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
8

NOTICE of Case Reassignment: Please reflect Civil case number CV 20-00298 DKW-KJM on all further pleadings. (jo)COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

PACER
9

EO: On July 2, 2020, Plaintiff Calvin Griffin filed a Complaint against the State of Hawaii. Dkt. No. 1. The docket reflects, however, that the Complaint has not been served on Defendant nor has Defendant accepted waiver of service. Nonetheless, on July 28, 2020, Plaintiff filed a motion for emergency injunction. Dkt. No. 6. Before the Court will consider the motion for emergency injunction, Plaintiff is ORDERED to serve the complaint and the motion for emergency injunction on Defendant and file proof of doing so with the Court. IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(tyk)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER

COURT'S CERTIFICATE of Service - a copy of Docket No. 9 has been served by First Class Mail to Calvin Christopher Griffin at the address of record on July 30, 2020. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk)

July 30, 2020

July 30, 2020

PACER
10

Summons Issued as to State of Hawaii. (emt, ) (Entered: 08/06/2020)

Aug. 5, 2020

Aug. 5, 2020

PACER
11

SUMMONS Returned Executed by Calvin Christopher Griffin. State of Hawaii served on 8/5/2020. (emt, ) (Entered: 08/06/2020)

Aug. 5, 2020

Aug. 5, 2020

PACER
12

MOTION to Dismiss Skyler G. Cruz appearing for Defendant State of Hawaii (Attachments: # 1 Memorandum, # 2 Certificate of Service)(Cruz, Skyler) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
13

EO: As to Rule 16 Scheduling Conference set for 8/31/2020 Parties are to participate via telephone through our AT&T Service. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-877-848-7030Access Code is 2123668 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(laa)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
14

NOTICE of Hearing on 12 Defendant State of Hawaii's Motion To Dismiss is set for 9/24/2020 at 09:30 AM in Aha Kupono before JUDGE DERRICK K. WATSON. Briefing on the motion shall be in accordance with Local Rule 7.2 (tyk)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
16

EXHIBIT A (HB. NO.1248HD1SD2CD1, ACT 136 State of Hawaii "mail-in-ballot" mandate) - filed by Calvin Christopher Griffin. (emt, ) (Entered: 08/28/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
17

EXHIBIT B (TITLE 2 ELECTIONS CHAPTERS 11-19) - filed by Calvin Christopher Griffin. (emt, ) (Entered: 08/28/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER

COURT'S CERTIFICATE of Service - a copy of 14 Notice of Hearing on Motion has been served by First Class Mail to Calvin Christopher Griffin at the address of record on August 26, 2020. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk)

Aug. 26, 2020

Aug. 26, 2020

PACER
15

EO: In light of 12 Defendant State of Hawaii's Motion To Dismiss, the Rule 16 Scheduling Conference previously set for 8/31/2020 is CONTINUED to 10/28/2020 at 09:00AM before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statements are due by 10/21/2020.Parties are to participate via telephone through our AT&T Service. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-877-848-7030Access Code is 2123668 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(rls, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER
18

SUPPLEMENTAL CITATIONS re 12, 16, 17 - by Calvin Christopher Griffin. (emt, ) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
19

REPLY re 12 MOTION to Dismiss Defendant State of Hawaii's Reply in support of its Motion to Dismiss filed by State of Hawaii. (Attachments: # 1 Certificate of Service)(Cruz, Skyler) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
20

EO: Having reviewed Defendant's motion to dismiss, Dkt. No. 12, and Plaintiff's Motion for an Emergency Injunction, Dkt. No. 6, the Court elects to decide the same without a hearing pursuant to Local Rule 7.1(c). Therefore, the hearing on September 24, 2020 (Dkt. No. 14) is VACATED and the above-mentioned motions are taken under advisement. IT IS SO ORDERED (JUDGE DERRICK K. WATSON)(tyk)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

PACER

COURT'S CERTIFICATE of Service - a copy of Docket No. 20 has been served by First Class Mail to Calvin Christopher Griffin at the address of record on September 16, 2020. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk)

Sept. 16, 2020

Sept. 16, 2020

PACER
21

SUPPLIMENTAL [sic] CITATIONS - filed by Calvin Christopher Griffin. (Attachments: # 1 Exhibit C (Thumb Drive)) Exhibit C (Thumb Drive) is retained by the Clerk's Office. (emt, ) (Entered: 09/25/2020)

Sept. 23, 2020

Sept. 23, 2020

PACER
22

ORDER (1) GRANTING MOTION TO DISMISS WITH LEAVE TO AMEND, AND (2) DENYING MOTION FOR AN EMERGENCY INJUNCTION re 6, 12 - Signed by JUDGE DERRICK K. WATSON on 9/28/2020. For the reasons set forth herein, the motion to dismiss, Dkt. No. 12, is GRANTED with LEAVE TO AMEND. Plaintiff may have until October 13, 2020 to file an amended complaint, consistent with the terms of this Order, though the timing in which he elects to amend should be mindful of the fast-approaching general election date. The Court cautions Plaintiff that failure to file an amended complaint by October 13, 2020 may result in the dismissal of this case for the reasons set forth herein. Plaintiff's motion for an emergency injunction, Dkt. No. 6, is DENIED. The Clerk of Court is directed to mail Plaintiff a copy of form "Pro Se 1" "Complaint for a Civil Case." (emt, )COURT'S CERTIFICATE of Service - Calvin Christopher Griffin served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on September 28, 2020. A blank "Pro Se 1" " Complaint for a Civil Case" form shall be included in the mailing to Mr. Griffin. (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

Clearinghouse
23

AMENDED COMPLAINT against State of Hawaii - filed by Calvin Christopher Griffin. (Response to: Document 22 Filed 09/28/20 Order (1) Granting Motion to Dismiss with Leave to Amend) Note: The document was submitted inside the envelope marked Exhibit D. (Attachments: # 1 Exhibit and Witness List, # 2 Envelope marked Exhibit D) (emt, ) (Entered: 10/14/2020)

1 Exhibit and Witness List

View on PACER

2 Envelope marked Exhibit D

View on PACER

Oct. 13, 2020

Oct. 13, 2020

Clearinghouse
24

Scheduling Conference Statement Defendant State of Hawaii's Rule 16 Scheduling Conference Statement. (Attachments: # 1 Certificate of Service)(Cruz, Skyler) (Entered: 10/21/2020)

1 Certificate of Service

View on PACER

Oct. 21, 2020

Oct. 21, 2020

PACER
25

MOTION to Dismiss the Amended Complaint Skyler G. Cruz appearing for Defendant State of Hawaii (Attachments: # 1 Memorandum in Support, # 2 Certificate of Service)(Cruz, Skyler) Modified on 10/27/2020 (emt, ). (Entered: 10/27/2020)

Oct. 27, 2020

Oct. 27, 2020

PACER
27

EP: TELEPHONIC RULE 16 SCHEDULING CONFERENCE hearing not held.Discussion held.Rule 16 Scheduling Conference is set for December 15, 2020 at 9:30 a.m. before Magistrate Judge Kenneth J. Mansfield via telephone. Scheduling conference statements are due by December 8, 2020.Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-877-848-7030Access Code is 2123668 (AT&T Service / 8:56 - 9:05) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 10/29/2020)

Oct. 28, 2020

Oct. 28, 2020

PACER
26

EO: Pursuant to Local Rule 7.1(c), the Court will decide 25 Defendant State of Hawaii's Motion to Dismiss the Amended Complaint without a hearing. Briefing on the motion shall be in accordance with Local Rule 7.2. IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(tyk)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 10/29/2020)

Oct. 29, 2020

Oct. 29, 2020

PACER

COURT'S CERTIFICATE of Service - a copy of Dkt. No. 26 has been served by First Class Mail to Calvin Christopher Griffin at the address of record on October 29, 2020. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk)

Oct. 29, 2020

Oct. 29, 2020

PACER
29

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS re 25 - Signed by JUDGE DERRICK K. WATSON on 12/8/2020. The State's motion to dismiss, Dkt. No. 25, is GRANTED. Accordingly, all claims in Plaintiff's FAC, Dkt. No. 23, are DISMISSED. Because the Court finds amendment would be futile, see Leadsinger, Inc., 512 F.3d at 532, dismissal is WITH PREJUDICE. (emt, )COURT'S CERTIFICATE of Service - Calvin Christopher Griffin shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on December 9, 2020. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF).

Dec. 8, 2020

Dec. 8, 2020

RECAP

Case Details

State / Territory: Hawaii

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: July 2, 2020

Closing Date: Dec. 8, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A candidate for Hawaii's 1st Congressional District

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Hawaii, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Mail

Voting

Voting access

Voting:

Election administration