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Filed Date: Jan. 20, 2010
Closed Date: July 20, 2010
Clearinghouse coding complete
This is a case about African American voters registered in the Lower Oxford East precinct in Chester County, Pennsylvania who had to wait as long as seven hours in line to vote -- far longer than voters elsewhere in the County. On January 20, 2010, Five African American voters filed a lawsuit in the U.S. District Court for the Eastern District of Pennsylvania against Chester County, the Chester County Board of Elections, three county commissioners, and the director of Chester County Voter Services. The voters, represented by private counsel, the Public Interest Law Center of Philadelphia, the ACLU of Pennsylvania, and the ACLU Foundation, asked the court for declaratory and injunctive relief. They alleged that Chester County failed to provide an adequate and accessible polling place and other resources in violation of Section 2 of the Voting Rights Act of 1965, 42 U.S.C. § 1973, and the Fourteenth and Fifteenth Amendments to the United States Constitution.
On February 12, 2010, the defendants filed a motion to dismiss the complaint for failure to state a claim. The court denied the motion on March 17, 2010, because the parties were actively involved in discussions over a possible resolution of the case.
On April 21, 2010, the plaintiffs filed a voluntary motion to dismiss the case with prejudice after the parties entered into a settlement agreement. The defendants agreed to relocate the polling place location, modify the precinct boundaries, and provide the new polling place with resources equivalent to those provided to similarly-sized precincts with similar numbers of registered voters. The defendants also agreed to pay the parties' attorneys fees in the amount of $60,000, as well as nominal damages of one dollar to each plaintiff. Judge Hart granted the motion on April 22, 2010. The court retained jurisdiction to resolve issues arising under the settlement agreement. This case is closed.
Summary Authors
Rita Elfarissi (9/27/2022)
See docket on RECAP: https://www.courtlistener.com/docket/12605043/english-v-chester-county/
Last updated Oct. 20, 2022, 3:05 a.m.
State / Territory: Pennsylvania
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: Jan. 20, 2010
Closing Date: July 20, 2010
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Five African American voters located in Lower Oxford Township in Chester County, Pennsylvania
Plaintiff Type(s):
Attorney Organizations:
Public Interest Law Center (PILCOP)
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Chester County, Pennsylvania (Lower Oxford Township, Chester), County
Voters Services (Lower Oxford Township, Chester), County
Chester County Board of Elections (Lower Oxford Township, Chester), County
Defendant Type(s):
Case Details
Causes of Action:
Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)
Ex parte Young (federal or state officials)
Constitutional Clause(s):
Due Process: Substantive Due Process
Availably Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Amount Defendant Pays: $60,005
Issues
General:
Access to public accommodations - governmental
Race:
Type of Facility:
Voting: