Support the Civil Rights Litigation Clearinghouse?

The Civil Rights Litigation Clearinghouse is committed to making information about civil rights lawsuits public, accessible, and free. If you use our--recently revamped--website and the posted documents and information, would you consider a donation? Our small but mighty team relies principally on grant funding and donations. Can you help?

Support the Civil Rights Litigation Clearinghouse?

The Civil Rights Litigation Clearinghouse is committed to making information about civil rights lawsuits public, accessible, and free. If you use our--recently revamped--website and the posted documents and information, would you consider a donation? Our small but mighty team relies principally on grant funding and donations. Can you help?

Thank you!

DONATE

Case: Benavidez v. Irving Independent School District (Texas)

3:08-cv-00924 | U.S. District Court for the Northern District of Texas

Filed Date: June 2, 2008

Closed Date: June 18, 2010

Clearinghouse coding complete

Case Summary

This is a case about an independent school district's at-large system of electing members to its Board of Trustees which allegedly denied Hispanic voters the opportunity to participate meaningfully in the electoral process. On June 2, 2008, a Hispanic candidate for the Irvine Independent School District Board of Trustees filed this lawsuit in the U.S. District Court for the Northern District of Texas. The plaintiff sued the Irving Independent School District and the Board trustees in their offi…

This is a case about an independent school district's at-large system of electing members to its Board of Trustees which allegedly denied Hispanic voters the opportunity to participate meaningfully in the electoral process. On June 2, 2008, a Hispanic candidate for the Irvine Independent School District Board of Trustees filed this lawsuit in the U.S. District Court for the Northern District of Texas. The plaintiff sued the Irving Independent School District and the Board trustees in their official capacities under Section 2 of the Voting Rights Act of 1965. The plaintiff, represented by private counsel, asked the court for declaratory and injunctive relief. He claimed that the district's at-large system of electing trustees denied Hispanic voters the opportunity to participate meaningfully in the electoral process and to elect representatives of their choice.

The case went to trial beginning on December 14, 2009, before Chief Judge Sidney A. Fitzwater.

On January 20, 2010, Chief Judge Fitzwater dismissed the case with prejudice, finding that the plaintiff failed to prove the first essential element of his claim. This element required the plaintiff to prove that the minority group is sufficiently large and geographically compact to constitute a majority in a single-member district. 690 F. Supp. 2d 451.

The plaintiff filed a motion for a new judgment and/or a new trial on February 17, 2010. Chief Judge Fitzwater denied the motion for new trial two days later, on February 19, specifically rejecting the plaintiff's contention that the court overlooked critical evidence that his expert relied on in demonstrating satisfying the first essential element of his claim.

On March 19, 2010, the plaintiff filed an appeal to the U.S. Court of Appeals for the Fifth Circuit. The Fifth Circuit dismissed the appeal on June 18, 2010. The case is now closed.

Summary Authors

Rita Elfarissi (10/2/2022)

Documents in the Clearinghouse

Document
1

3:08-cv-00924

Complaint

Benavidez v. Irving Independent School District

June 2, 2008

June 2, 2008

Complaint
38

3:08-cv-00924

Memorandum Opinion

Jan. 20, 2010

Jan. 20, 2010

Order/Opinion
43

3:08-cv-00924

Order on Motion to Alter Judgment

Benavidez v. Irving Independent School District

Feb. 19, 2010

Feb. 19, 2010

Order/Opinion
49

3:08-cv-00924

10-10267

USCA Order

U. S. Court of Appeals for the Fifth Circuit

June 18, 2010

June 18, 2010

Order/Opinion
51

3:08-cv-00924

Letter from Plaintiff

Benavidez v. Irving Independent School District

Dec. 8, 2011

Dec. 8, 2011

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4390193/benavidez-v-irving-independent-school-district-texas/

Last updated Sept. 28, 2022, 2:59 p.m.

ECF Number Description Date Link Date / Link
1

ORIGINAL COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF UNDER THE VOTING RIGHTS ACT OF 1965 against Nancy Jones, Adrian T Jenkins, Irving Independent School District (Texas), Onita C Patrick, Jerry D Christian, Ronda Lee Huffstetler, John Randal Stipes, Valerie D Jones filed by Manuel A Benavidez. (Filing fee $350; Receipt number 22323) (jrb) (Entered: 06/03/2008)

June 2, 2008

June 2, 2008

Clearinghouse
2

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Manuel A Benavidez. (jrb) (Entered: 06/04/2008)

June 2, 2008

June 2, 2008

PACER
3

Summons Issued as to Nancy Jones, Adrian T Jenkins, Valerie D Jones, Irving Independent School District (Texas), Onita C Patrick, Jerry D Christian, Ronda Lee Huffstetler, John Randal Stipes. (jrb) (Entered: 06/04/2008)

June 2, 2008

June 2, 2008

PACER
4

Order Designating Case for ECF - see order for specifics. (Signed by Judge Sidney A Fitzwater on 6/4/08) (jrb) (Entered: 06/04/2008)

June 4, 2008

June 4, 2008

PACER
5

SUMMONS Returned Executed as to Jerry D Christian; served on 6/2/2008. (lmp) (Entered: 06/12/2008)

June 12, 2008

June 12, 2008

PACER
6

SUMMONS Returned Executed as to Nancy Jones; served on 6/3/2008. (lmp) (Entered: 06/12/2008)

June 12, 2008

June 12, 2008

PACER
7

SUMMONS Returned Executed as to Ronda Lee Huffstettler; served on 6/3/2008. (lmp) (Entered: 06/12/2008)

June 12, 2008

June 12, 2008

PACER
8

SUMMONS Returned Executed as to Valerie D Jones; served on 6/3/2008. (lmp) (Entered: 06/12/2008)

June 12, 2008

June 12, 2008

PACER
9

SUMMONS Returned Executed as to Irving Independent School District (Texas); served on 6/3/2008. (lmp) (Entered: 06/12/2008)

June 12, 2008

June 12, 2008

PACER
10

SUMMONS Returned Executed as to Onita C Patrick; served on 6/3/2008. (lmp) (Entered: 06/12/2008)

June 12, 2008

June 12, 2008

PACER
11

SUMMONS Returned Executed as to Adrian T Jenkins; served on 6/3/2008. (lmp) (Entered: 06/12/2008)

June 12, 2008

June 12, 2008

PACER
12

DEFENDANTS' ORIGINAL ANSWER to 1 Complaint, filed by Nancy Jones, Adrian T Jenkins, Valerie D Jones, Irving Independent School District (Texas), Onita C Patrick, Jerry D Christian, Ronda Lee Huffstettler, John Randal Stipes (Heath, C) (Entered: 06/23/2008)

June 23, 2008

June 23, 2008

Clearinghouse
13

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Nancy Jones, Adrian T Jenkins, Valerie D Jones, Irving Independent School District (Texas), Onita C Patrick, Jerry D Christian, Ronda Lee Huffstettler, John Randal Stipes. (Heath, C) (Entered: 06/23/2008)

June 23, 2008

June 23, 2008

PACER
14

Order for Scheduling Order Proposal... Proposed Scheduling Order due by 6/24/2008. (See order) (Signed by Judge Sidney A Fitzwater on 6/24/08) (svc) (Entered: 06/25/2008)

June 24, 2008

June 24, 2008

PACER
15

SUMMONS Returned Executed as to John Randal Stipes; served on 6/3/2008. (lmp) (Entered: 07/07/2008)

July 7, 2008

July 7, 2008

PACER
16

Proposal for contents of scheduling and discovery order by Manuel A Benavidez, Nancy Jones, Adrian T Jenkins, Irving Independent School District (Texas), Onita C Patrick, Jerry D Christian, Ronda Lee Huffstetler, John Randal Stipes, Valerie D Jones. (Veeser, Michael) Modified on 7/25/2008/Added filers (cxb). (Entered: 07/23/2008)

July 23, 2008

July 23, 2008

PACER
17

SCHEDULING ORDER: Joinder of Parties due by 11/1/2008. Amended Pleadings due by 11/1/2008. Discovery due by 4/1/2009. Status Report due by 4/1/2009. Motions due by 6/1/2009. The court will set the case for trial by separate order. (Signed by Judge Sidney A Fitzwater on 7/29/2008) (axm) (Entered: 07/29/2008)

July 29, 2008

July 29, 2008

PACER
18

TRIAL SETTING ORDER: This case is set for trial on the court's two-week docket beginning 10/19/2009 before Chief Judge Sidney A Fitzwater. (see order) (Ordered by Chief Judge Sidney A Fitzwater on 12/11/2008) (axm) (Entered: 12/11/2008)

Dec. 11, 2008

Dec. 11, 2008

PACER
19

Agreed MOTION to Extend the Discovery Deadline filed by Manuel A Benavidez (Veeser, Michael) Modified on 3/5/2009 (jrb). (Entered: 03/04/2009)

March 4, 2009

March 4, 2009

PACER
20

ORDER granting 19 Agreed MOTION to Extend the Discovery Deadline. Discovery due by 4/30/2009. Status Report due by 4/30/2009. (Ordered by Chief Judge Sidney A Fitzwater on 03/04/09) (lmp) (Entered: 03/05/2009)

March 4, 2009

March 4, 2009

PACER
21

Agreed MOTION to Extend Time of discovery deadline filed by Manuel A Benavidez (Veeser, Michael) (Entered: 04/08/2009)

April 8, 2009

April 8, 2009

PACER
22

AGREED ORDER granting 21 parties' agreed Motion to Extend the Discovery Deadline. Discovery due by 5/18/2009. Status Report due by 5/18/2009. (Ordered by Chief Judge Sidney A Fitzwater on 4/8/09) (klm) Modified on 4/10/2009 (skt). (Entered: 04/09/2009)

April 8, 2009

April 8, 2009

PACER
23

Joint STATUS REPORT filed by Nancy Jones, Adrian T Jenkins, Valerie D Jones, Manuel A Benavidez, Irving Independent School District (Texas), Onita C Patrick, Jerry D Christian, Ronda Lee Huffstettler, John Randal Stipes. (Heath, C) (Entered: 05/18/2009)

May 18, 2009

May 18, 2009

PACER
24

Proposed Findings of Fact by Manuel A Benavidez. (Veeser, Michael) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

PACER
25

Exhibit List by Manuel A Benavidez. (Veeser, Michael) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

PACER
26

Witness List by Manuel A Benavidez. (Veeser, Michael) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

PACER
27

Exhibit List of Defendants by Nancy Jones, Adrian T Jenkins, Valerie D Jones, Irving Independent School District (Texas), Onita C Patrick, Jerry D Christian, Ronda Lee Huffstettler, John Randal Stipes. (Heath, C) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

PACER
28

Witness List by Nancy Jones, Adrian T Jenkins, Valerie D Jones, Irving Independent School District (Texas), Onita C Patrick, Jerry D Christian, Ronda Lee Huffstettler, John Randal Stipes. (Heath, C) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

PACER
29

NOTICE of Attorney Appearance by Michael C Veeser on behalf of Manuel A Benavidez. (Veeser, Michael) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

PACER
30

Proposed Findings of Fact by Nancy Jones, Adrian T Jenkins, Valerie D Jones, Irving Independent School District (Texas), Onita C Patrick, Jerry D Christian, Ronda Lee Huffstettler, John Randal Stipes. (Heath, C) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

PACER
31

ORDER: The trial of this case will commence on Monday, December 14, 2009 at 9:00 a.m. The case will be tried under time limits so that the presentation of evidence and closing arguments are completed by Wednesday, December 16, 2009. The court will conduct a pretrial conference during the week of December 7, 2009, after consulting with counsel concerning their availability. Specific time limits will be set during the pretrial conference. (Ordered by Chief Judge Sidney A Fitzwater on 10/6/09) (Chief Judge Sidney A Fitzwater) (Entered: 10/06/2009)

Oct. 6, 2009

Oct. 6, 2009

PACER
32

Proof of Service for Subpoena served on Andrew Goldsmith on 10/2/2009. (klm) (Entered: 10/07/2009)

Oct. 6, 2009

Oct. 6, 2009

PACER

Set Scheduling Order Deadlines per Order (doc 31): Docket Call set for 12/14/2009 09:00 AM before Chief Judge Sidney A Fitzwater. Pretrial Conference set for 12/7/2009 before Chief Judge Sidney A Fitzwater. (axm)

Oct. 6, 2009

Oct. 6, 2009

PACER
33

AFFIDAVIT of Service for Subpeona served on Andrew Goldsmith on 12/03/09. (dnc) (Entered: 12/08/2009)

Dec. 8, 2009

Dec. 8, 2009

PACER
34

TRIAL BRIEF by Nancy Jones, Adrian T Jenkins, Valerie D Jones, Irving Independent School District (Texas), Onita C Patrick, Jerry D Christian, Ronda Lee Huffstettler, John Randal Stipes. (Heath, C) (Entered: 12/09/2009)

Dec. 9, 2009

Dec. 9, 2009

PACER
35

TRIAL BRIEF by Manuel A Benavidez. (Veeser, Michael) (Entered: 12/09/2009)

Dec. 9, 2009

Dec. 9, 2009

PACER
36

Appendix in Support filed by Manuel A Benavidez re 35 Trial Brief (Attachments: # 1 Affidavit Declaration of Michael Veeser-APP 001-124, # 2 Affidavit Declaration of David Ely APP 125-150) (Veeser, Michael) (Entered: 12/09/2009)

Dec. 9, 2009

Dec. 9, 2009

PACER
37

PRETRIAL ORDER (See Order.) (Ordered by Chief Judge Sidney A Fitzwater on 12/10/2009) (twd) (Entered: 12/11/2009)

Dec. 10, 2009

Dec. 10, 2009

PACER

Minute Entry for proceedings held before Chief Judge Sidney A Fitzwater: Pretrial Conference held on 12/10/09. The court conducted a telephonic pretrial conference with counsel. There was no objection to entry of the pretrial order. The court advised counsel that it had allocated seven hours to the side for the presentation of evidence. Each side was allocated 30 minutes for opening statements. The time for closing arguments will be set later, but the parties were advised that they could expect 30-45 minutes per side for closing argument. Counsel advised that there were no objections to the exhibits and that no witnesses would be called to testify by deposition. The court covered other housekeeping and technical questions with counsel. The trial will begin on Monday, December 14, 2009 at 9:00 a.m. Attorney Appearances: Plaintiff - Michael Veeser and Wendy C. Wang; Defense - C. Robert Heath.(Not Recorded.) Time in Court: 19 minutes. NO PDF ATTACHED - THIS IS A VIRTUAL MINUTE ENTRY. (ple)

Dec. 10, 2009

Dec. 10, 2009

PACER

Minute Entry for proceedings held before Chief Judge Sidney A Fitzwater: Bench Trial begun on 12/14/2009. Opening statements. Testimony begins. Adjourned until Tuesday, Dec 15, 2009 at 9:00am. Attorney Appearances: Plaintiff - Micheal Veeser with Wendy C. Wang; Defense - Robert Heath. (Court Reporter Pam Wilson.) Time in Court: 5 hr 58 minutes. NO PDF ATTACHED - THIS IS A VIRTUAL MINUTE ENTRY. (ple)

Dec. 14, 2009

Dec. 14, 2009

PACER

Minute Entry for proceedings held before Chief Judge Sidney A Fitzwater: 3rd day of Bench Trial completed on 12/16/2009. Testimony continued. Defense rests. Closing arguments. Taken under advisement. Written order to follow. Exhibits place with the CRD. Attorney Appearances: Plaintiff - Micheal Veeser with Wendy C. Wang; Defense - Robert Heath. (Court Reporter Pam Wilson.) Time in Court: 3 hours 51 minutes. NO PDF ATTACHED - THIS IS A VIRTUAL MINUTE ENTRY. (ple)

Dec. 16, 2009

Dec. 16, 2009

PACER

Minute Entry for proceedings held before Chief Judge Sidney A Fitzwater: 2nd day Bench Trial held on 12/15/2009. Testimony continued. Plaintiff's rest case. Adjourned until Wednesday, December 16, 2009 at 9:00am. Attorney Appearances: Plaintiff - Micheal Veeser with Wendy C. Wang; Defense - Robert Heath. (Court Reporter Pam Wilson.) Time in Court: 5 hours and 57 minutes. NO PDF ATTACHED - THIS IS A VIRTUAL MINUTE ENTRY. (ple)

Dec. 16, 2009

Dec. 16, 2009

PACER
38

Memorandum Opinion: The court finds that Benavidez has failed to prove the first essential element of his § 2 claim. (see order) (Ordered by Chief Judge Sidney A Fitzwater on 1/20/2010) (klm) (Entered: 01/20/2010)

Jan. 20, 2010

Jan. 20, 2010

Clearinghouse
39

JUDGMENT: It is ordered and adjudged that this action is dismissed with prejudice. (Ordered by Chief Judge Sidney A Fitzwater on 1/20/2010) (klm) (Entered: 01/20/2010)

Jan. 20, 2010

Jan. 20, 2010

PACER
40

Return of Exhibits. (mfw) (Entered: 02/04/2010)

Feb. 3, 2010

Feb. 3, 2010

PACER
41

MOTION for New Judgment and/or New Trial filed by Manuel A Benavidez with Brief/Memorandum in Support. (Veeser, Michael) (Entered: 02/17/2010)

Feb. 17, 2010

Feb. 17, 2010

PACER
42

Appendix in Support of 41 MOTION to Alter Judgment, MOTION for New Trial by Plaintiff Manuel A Benavidez. (Attachments: # 1 Appendix 001-031, # 2 Appendix 032-062, # 3 Appendix 063-094) (Veeser, Michael) (Entered: 02/17/2010)

Feb. 17, 2010

Feb. 17, 2010

PACER
43

ORDER denying 41 Motion to Alter Judgment; denying 41 Motion for New Trial. (Ordered by Chief Judge Sidney A Fitzwater on 2/19/2010) (Chief Judge Sidney A Fitzwater) (Entered: 02/19/2010)

Feb. 19, 2010

Feb. 19, 2010

Clearinghouse
44

NOTICE OF APPEAL to the Fifth Circuit as to 39 Judgment, 43 Order on Motion to Alter Judgment, Order on Motion for New Trial by Manuel A Benavidez. Filing fee $455, receipt number 39185. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. (axm) (Entered: 03/22/2010)

March 19, 2010

March 19, 2010

PACER
45

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Volume 1 Trial Proceedings held on 12/14/09 before Judge Sidney Fitzwater. Court Reporter/Transcriber Pamela Wilson, Telephone number 214.662.1557. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. Redaction Request due 4/22/2010. Redacted Transcript Deadline set for 5/3/2010. Release of Transcript Restriction set for 6/30/2010. (pjw) (Entered: 03/29/2010)

March 29, 2010

March 29, 2010

PACER
46

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Volume 2 Trial Proceedings held on 12/15/09 before Judge Sidney Fitzwater. Court Reporter/Transcriber Pamela Wilson, Telephone number 214.662.1557. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. Redaction Request due 4/22/2010. Redacted Transcript Deadline set for 5/3/2010. Release of Transcript Restriction set for 6/30/2010. (pjw) (Entered: 03/29/2010)

March 29, 2010

March 29, 2010

PACER
47

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Volume 3 Trial Proceedings held on 12/16/09 before Judge Sidney Fitzwater. Court Reporter/Transcriber Pamela Wilson, Telephone number 214.662.1557. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. Redaction Request due 4/22/2010. Redacted Transcript Deadline set for 5/3/2010. Release of Transcript Restriction set for 6/30/2010. (pjw) (Entered: 03/29/2010)

March 29, 2010

March 29, 2010

PACER

USCA Case Number 10-10267 in USCA5 for 44 Notice of Appeal, filed by Manuel A Benavidez. (tln) Modified on 5/14/2010 (svc).

April 1, 2010

April 1, 2010

PACER
48

Record on Appeal for USCA5 10-10267 (related to 44 appeal): Record consisting of: 4 ECF electronic record total, 2 of the Volumes electronic transcript, certified to USCA. To request a copy of the record (on disk or on paper), contact the appeals deputy in advance to arrange delivery. (caw) Modified on 5/14/2010 (svc). (Entered: 04/30/2010)

April 30, 2010

April 30, 2010

PACER
49

ORDER of USCA as to 44 Notice of Appeal, filed by Manuel A Benavidez is dismissed. (svc) (Entered: 06/22/2010)

June 18, 2010

June 18, 2010

Clearinghouse
50

Correspondence by Dr. Elba Garcia. (ctf) (Entered: 12/07/2011)

Dec. 5, 2011

Dec. 5, 2011

PACER
51

Correspondence filed by Manuel A Benavidez. (axm) (Entered: 12/09/2011)

Dec. 8, 2011

Dec. 8, 2011

Clearinghouse

Case Details

State / Territory: Texas

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: June 2, 2008

Closing Date: June 18, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A Hispanic candidate for Irving Independent School District Board of Trustees

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Irving Independent School District (Irving, Dallas), School District

Irving Independent School District Board of Trustees (Irving, Dallas), School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Amount Defendant Pays: 0

Content of Injunction:

Develop anti-discrimination policy

Issues

General:

Education

Voting

Voting access

Discrimination-basis:

Race discrimination

Race:

Race, unspecified

Voting:

Challenges to at-large/multimember district/election

Election administration

Redistricting/district composition

Vote dilution

National Origin/Ethnicity:

Hispanic