Case: Adamson v. Clayton County Elections and Registration Board

1:12-cv-01665 | U.S. District Court for the Northern District of Georgia

Filed Date: May 11, 2012

Closed Date: July 13, 2012

Clearinghouse coding complete

Case Summary

This is a case about the constitutionality of Clayton County Board of Education Member Districts (“the BOE Districts”).  On May 11, 2012, members of the Clayton County Board of Education (“plaintiffs”) filed this lawsuit in the United States District Court for the Northern District of Georgia.  Plaintiffs sued Clayton County Elections and Registration Board and the State of Georgia (“defendants”) under 42 U.S.C. § 1983 and the Constitution of the State of Georgia.  Represented by private counse…

This is a case about the constitutionality of Clayton County Board of Education Member Districts (“the BOE Districts”).  On May 11, 2012, members of the Clayton County Board of Education (“plaintiffs”) filed this lawsuit in the United States District Court for the Northern District of Georgia.  Plaintiffs sued Clayton County Elections and Registration Board and the State of Georgia (“defendants”) under 42 U.S.C. § 1983 and the Constitution of the State of Georgia.  Represented by private counsel, plaintiffs sought a declaration that the BOE Districts were unconstitutional, certain injunctive relief, and costs and attorneys’ fees.  Plaintiffs claimed that the BOE Districts were so disproportionate in population that they violated the principle of "one person, one vote" and the continued use of such districts could not be justified as furthering a compelling governmental interest.  Further, plaintiffs alleged that based on the BOE Districts the voting strength of voters in certain districts was severely diluted while voters in other districts had disproportionate voting strength.  The case was initially assigned to Judge J. Owen Forrester but was reassigned to Judge Charles A. Pannell, Jr.

On May 23, 2012, the plaintiffs filed an emergency motion for a temporary restraining order (“TRO”) and preliminary injunctive relief to halt Clayton County Board of Education elections based on the BOE Districts.  During the hearing on May 23, 2012, counsel for all parties stipulated that a TRO and preliminary injunction were appropriate under the circumstances.  The court granted the emergency motion that same day enjoining defendants from proceeding with Clayton County Board of Education elections based on the BOE Districts.

On May 31, 2012, the State of Georgia was dismissed from the lawsuit.

On June 8, 2012, plaintiffs filed a motion for declaratory judgment and final injunctive relief.  Plaintiffs sought a declaration that the BOE Districts were unconstitutional in addition to a final injunction prohibiting any further elections based on the BOE Districts.  Plaintiffs also asked the court to draw a new map setting forth constitutional voting districts and submitted a proposed new map in an effort to assist the court.

On June 15 2012, the court issued an order advising that it had prepared a proposed remedial map reapportioning the BOE Districts using the 2010 Census results (the “plan”).  The parties filed a joint stipulation of facts on June 28, 2012 stipulating, among other things, that the BOE Districts were unconstitutionally malapportioned and that they had no objections to the plan.  On July 13, 2012, the court granted plaintiffs’ motion for declaratory judgment and final injunctive relief and declared that the plan was the lawful plan for the Clayton County Board of Education elections until the State of Georgia implemented a new plan and directed plaintiffs to implement the plan promptly and consistently under the constitutions and laws of the United States and the State of Georgia.  See Adamson v. Clayton County Elections and Registration Bd. (N.D. Ga. 2012) 876 F.Supp.2d 1347.  

This case is now closed.

Summary Authors

Melina Kountouris (12/13/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5088973/parties/adamson-v-clayton-county-elections-and-registration-board/


Judge(s)

Pannell, Charles A. (Georgia)

Attorney for Plaintiff

Hatcher, Todd Emory (Georgia)

Kline, Aric M. (Georgia)

Attorney for Defendant

Hancock, Jack Reynolds (Georgia)

Ritter, Stefan Ernst (Georgia)

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Documents in the Clearinghouse

Document
1

1:12-cv-01665

Complaint for Declaratory and Injunctive Relief

Anderson v. Clayton County Elections and Registration Board

May 11, 2012

May 11, 2012

Complaint
15

1:12-cv-01665

Order

May 23, 2012

May 23, 2012

Order/Opinion

2012 WL 2012

12

1:12-cv-01665

Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunctive Relief

Anderson v. Clayton County Elections and Registration Board

May 23, 2012

May 23, 2012

Pleading / Motion / Brief
21

1:12-cv-01665

Order

June 5, 2012

June 5, 2012

Order/Opinion
23

1:12-cv-01665

Order

June 7, 2012

June 7, 2012

Order/Opinion
25

1:12-cv-01665

Plaintiffs' Memorandum of Law in Support of Motion for Declaratory Judgment and Final Injunctive Relief

June 8, 2012

June 8, 2012

Pleading / Motion / Brief
24

1:12-cv-01665

Plaintiffs' Motion for Declaratory Judgment and Final Injunctive Relief

June 8, 2012

June 8, 2012

Pleading / Motion / Brief
29

1:12-cv-01665

Order

June 15, 2012

June 15, 2012

Order/Opinion
32

1:12-cv-01665

Joint Stipulation of Facts

June 28, 2012

June 28, 2012

Pleading / Motion / Brief
35

1:12-cv-01665

Judgment

July 13, 2012

July 13, 2012

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5088973/adamson-v-clayton-county-elections-and-registration-board/

Last updated March 7, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Ophelia Burroughs, Pam Anderson, Wanda Smith, Alieka Anderson, Charlton Bivins and Mary Baker. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. ( Filing fee $ 350.00 receipt number 113E-3932451.) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Blank Summons, # 4 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 05/14/2012)

1 Exhibit A

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2 Exhibit B

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3 Blank Summons

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4 Civil Cover Sheet

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May 11, 2012

May 11, 2012

Clearinghouse
2

Summons Issued as to Ruth F. Ash, Vivian Baldwin, Robert P. Bolia, Clayton County Elections and Registration Board, Jim Constable, Patricia Pullar. (rej) (Entered: 05/14/2012)

May 14, 2012

May 14, 2012

PACER
3

REVISED CASE INSTRUCTIONS. (rej) (Entered: 05/14/2012)

May 14, 2012

May 14, 2012

PACER
4

NOTICE Of Filing Complaint by Alieka Anderson, Pam Anderson, Mary Baker, Charlton Bivins, Ophelia Burroughs, Wanda Smith Verification of Charlton Bivins (Hatcher, Todd) (Entered: 05/18/2012)

May 18, 2012

May 18, 2012

PACER
5

NOTICE Of Filing Comlaint by Alieka Anderson, Pam Anderson, Mary Baker, Charlton Bivins, Ophelia Burroughs, Wanda Smith re 1 Complaint, Verification of Mary Baker (Hatcher, Todd) (Entered: 05/18/2012)

May 18, 2012

May 18, 2012

PACER
6

NOTICE Of Filing Complaint by Alieka Anderson, Pam Anderson, Mary Baker, Charlton Bivins, Ophelia Burroughs, Wanda Smith re 1 Complaint, Verification of Dr. Pam Adamson (Hatcher, Todd) (Entered: 05/18/2012)

May 18, 2012

May 18, 2012

PACER
7

NOTICE Of Filing Complaint by Alieka Anderson, Pam Anderson, Mary Baker, Charlton Bivins, Ophelia Burroughs, Wanda Smith re 1 Complaint, Verification of Wanda Smith (Hatcher, Todd) (Entered: 05/18/2012)

May 18, 2012

May 18, 2012

PACER
8

ORDER REASSIGNING CASE. Case reassigned to Judge Charles A. Pannell, Jr for all further proceedings. Judge J. Owen Forrester no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:12-cv-01665-CAP. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge J. Owen Forrester on 5/22/2012. (rej) (Entered: 05/22/2012)

May 22, 2012

May 22, 2012

PACER
9

AFFIDAVIT of Service for Complaint Samuel Olsen, Esq., as to Attorney General's Office., Return of Service Executed by Mary Baker, Ophelia Burroughs, Pam Anderson, Wanda Smith, Alieka Anderson, Charlton Bivins. State of Georgia served on 5/15/2012, answer due 6/5/2012. (Hatcher, Todd) (Entered: 05/22/2012)

May 22, 2012

May 22, 2012

PACER
10

Minute Entry for proceedings held before Judge Charles A. Pannell, Jr: Telephone Conference held on 5/22/2012, Attorney Jack Reynolds Hancock for Clayton County Elections and Registration Board,Stefan Ernst Ritter for State of Georgia added. Court heard from counsel. Plaintiff to file written motion for TRO. Hearing set for 5/23/2012 at 2:00 p.m. Hearing Concluded. (Court Reporter Martha Frutchey)(adg) (Entered: 05/23/2012)

May 22, 2012

May 22, 2012

PACER
11

NOTICE of Appearance by Jack Reynolds Hancock on behalf of Ruth F. Ash, Vivian Baldwin, Robert P. Bolia, Clayton County Elections and Registration Board, Patricia Pullar (Hancock, Jack) (Entered: 05/23/2012)

May 23, 2012

May 23, 2012

PACER

Submission to District Judge

May 23, 2012

May 23, 2012

PACER
12

Emergency MOTION for Temporary Restraining Order and, Emergency MOTION for Preliminary Injunction Relief by Alieka Anderson, Pam Anderson, Mary Baker, Charlton Bivins, Ophelia Burroughs, Wanda Smith. (Hatcher, Todd) (Entered: 05/23/2012)

May 23, 2012

May 23, 2012

Clearinghouse

Submission of 12 Emergency MOTION for Temporary Restraining Order andEmergency MOTION for Preliminary Injunction Relief, submitted to District Judge Charles A. Pannell. (adg)

May 23, 2012

May 23, 2012

PACER
13

ACKNOWLEDGMENT OF SERVICE Executed filed by Robert P. Bolia, Vivian Baldwin, Patricia Pullar, Ruth F. Ash, Clayton County Elections and Registration Board. Robert P. Bolia served on 5/23/2012; Vivian Baldwin served on 5/23/2012; Patricia Pullar served on 5/23/2012; Ruth F. Ash served on 5/23/2012; Clayton County Elections and Registration Board served on 5/23/2012. (Hancock, Jack) (Entered: 05/23/2012)

May 23, 2012

May 23, 2012

PACER
14

Minute Entry for proceedings held before Judge Charles A. Pannell, Jr: Motion Hearing held on 5/23/2012 12 Emergency MOTION for Temporary Restraining Order andEmergency MOTION for Preliminary Injunction Relief GRANTED. Pla's evidence: Marcus Oestreich, Pamela Adamson, sworn. Parties to file proposed schedule before next hearing. Proposed map w/data & supporting brief to be filed. Notice is to be given to proposed intervenors. Notice of proposed map to be given to public. Written order to follow. Hearing Concluded. (Court Reporter Martha Frutchey)(adg) (Entered: 05/23/2012)

May 23, 2012

May 23, 2012

PACER
15

ORDER GRANTING 12 Motion for TRO and Motion for Preliminary Injunction. Defendants Clayton County Board of Elections, Bolia, Pullar, Ash, and Baldwin are hereby ENJOINED from proceeding with BOE elections based on the current BOE districts, including but not limited to taking any actions to qualify candidates, establish ballots, or hold elections until further order. Signed by Judge Charles A. Pannell, Jr on 5/23/2012. (adg) (Entered: 05/23/2012)

May 23, 2012

May 23, 2012

Clearinghouse
16

ORDER directing the parties to confer and file, on or before 5/31/2012, a proposed scheduling order in this case. (See Order for specific directives). Signed by Judge Charles A. Pannell, Jr on 5/23/2012. (adg) (Entered: 05/23/2012)

May 23, 2012

May 23, 2012

PACER
17

NOTICE of Voluntary Dismissal of the State of Georgia filed by Alieka Anderson, Pam Adamson, Mary Baker, Charlton Bivins, Ophelia Burroughs, Wanda Smith (Hatcher, Todd) Modified on 7/13/2012 (adg). (Entered: 05/31/2012)

May 31, 2012

May 31, 2012

PACER

Clerks Entry of Dismissal

May 31, 2012

May 31, 2012

PACER
18

PROPOSED ORDER Scheduling Order. (Hatcher, Todd) (Entered: 05/31/2012)

May 31, 2012

May 31, 2012

PACER

Clerk's Entry of Dismissal APPROVING 17 Notice of Voluntary Dismissal of defendant State of Georgia pursuant to Fed.R.Civ.P.41(a)(1)(i) (adg)

May 31, 2012

May 31, 2012

PACER
19

PROPOSED ORDER Scheduling Order. (Hatcher, Todd) (Entered: 06/01/2012)

June 1, 2012

June 1, 2012

PACER
20

Notice for Leave of Absence for the following date(s): 6/14/2012, 6/15/2012, 7/2/2012 - 7/6/2012, 7/12/2012 - 7/18/2012, 7/23/2012-7/27/2012, by Todd Emory Hatcher. (Hatcher, Todd) (Entered: 06/04/2012)

June 4, 2012

June 4, 2012

PACER
21

ORDER DIRECTING the Clerk to cause attached correspondence to be placed on the docket in this case. Signed by Judge Charles A. Pannell, Jr on 6/5/2012. (Attachments: # 1 Letter)(adg) (Entered: 06/05/2012)

1 Letter

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June 5, 2012

June 5, 2012

Clearinghouse
22

SCHEDULING ORDER: on or before 6/8/2012, the plaintiffs shall file theirproperly supported motion for declaratory judgment and final injunction; the plaintiffs shall run notice in the legal organ of Clayton County on 6/20, 22, and 23, 2012 (See Order for text requirements). Any party seeking to intervene in this matter must file its properly supported motion to intervene as well as its objections to the Courts remedial plan before 5:00 p.m. on 6/25/2012. The Court will hold a hearing on 6/28/2012 at 2:00 PM in ATLA Courtroom 2307 before Judge Charles A. Pannell Jr. on the constitutionality of the current map and the propriety of the Court's remedial plan. Signed by Judge Charles A. Pannell, Jr on 6/6/2012. (adg) (Entered: 06/06/2012)

June 6, 2012

June 6, 2012

PACER
23

ORDER appointing the Legislative and Congressional Reapportionment Office of the General Assembly of the State of Georgia and its necessary staff, includingRegina Harbin Wright, as its independent technical advisor in this matter.Communications between the court and the independent technical advisor may be ex parte and shall be considered part of the judicial deliberative process and therefor shall not be subject to disclosure or subpoena except by court order. The independent technical advisor charges $250 per hour of service. These and all ancillary costs shall be apportioned in the courts discretion at the conclusion of the independent technical advisor's participation in this matter. Signed by Judge Charles A. Pannell, Jr on 6/7/2012. (adg) (Entered: 06/07/2012)

June 7, 2012

June 7, 2012

Clearinghouse
24

MOTION for Declaraory Judgment and MOTION for Final Injunctive Relief by Alieka Anderson, Pam Adamson, Mary Baker, Charlton Bivins, Ophelia Burroughs, Wanda Smith. (Hatcher, Todd) Modified on 7/13/2012 (adg). (Entered: 06/08/2012)

June 8, 2012

June 8, 2012

Clearinghouse
25

Memorandum of Law in Support of 24 MOTION for Judgment with Brief In Support by Alieka Anderson, Pam Adamsonson, Mary Baker, Charlton Bivins, Ophelia Burroughs, Wanda Smith. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F)(Hatcher, Todd) Modified on 6/11/2012 to correct docket text to accurately reflect e-filed document (adg). Modified on 7/13/2012 (adg). (Entered: 06/08/2012)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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3 Exhibit Exhibit C

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4 Exhibit Exhibit D

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5 Exhibit Exhibit E

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6 Exhibit Exhibit F

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June 8, 2012

June 8, 2012

Clearinghouse
26

DOCUMENT FILED IN ERROR -- NOTICE Of Filing Filing Electronic Media by Ruth F. Ash, Vivian Baldwin, Robert P. Bolia, Clayton County Elections and Registration Board, Jim Constable, Patricia Pullar, State of Georgia (Hatcher, Todd) Modified on 6/12/2012 to reflect, at the attorney's request, that this document was filed in error and refiled at 27 (ddm). (Entered: 06/12/2012)

June 12, 2012

June 12, 2012

PACER

Remark

June 12, 2012

June 12, 2012

PACER
27

REDOCKETED FROM 26 AS NOTICE Of Filing Electronic Media by Alieka Anderson, Pam Adamson, Mary Baker, Charlton Bivins, Ophelia Burroughs, Wanda Smith (Hatcher, Todd) Modified on 6/12/2012 (ddm). Modified on 7/13/2012 (adg). (Entered: 06/12/2012)

June 12, 2012

June 12, 2012

PACER
28

NOTICE Of Filing Exhibit H- Proposed new voting District Map by Alieka Anderson, Pam Adamson, Mary Baker, Charlton Bivins, Ophelia Burroughs, Wanda Smith (Oversize document, not scanned) (adg) Modified on 7/13/2012 (adg). (Entered: 06/13/2012)

June 12, 2012

June 12, 2012

PACER

Received electronic media re 27 Notice of Filing (adg)

June 12, 2012

June 12, 2012

PACER
29

ORDER advising the the Court has prepared a proposed remedial map reapportioning the Clayton County Board of Education district boundaries using the 2010 Census results. Copies of the attached exhibits will be available in the office of the Clerk of Court of the U.S. District Court for the Northern District of Georgia, in the office of the Clayton County Board of Education, and in the office of the Clayton County Elections and Registration Board during the pendency of this case. Likewise, poster-size versions of Exhibit 2 will be available for inspection at the same locations. Signed by Judge Charles A. Pannell, Jr on 6/15/12. (Attachments: # 1 Exh 1 - Proposed Map, # 2 Exh 2 - Proposed Map, # 3 Exh 3 - Proposed Map, # 4 Exh 4 - Proposed Map)(ddm) (Entered: 06/15/2012)

1 Exh 1 - Proposed Map

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2 Exh 2 - Proposed Map

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3 Exh 3 - Proposed Map

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4 Exh 4 - Proposed Map

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June 15, 2012

June 15, 2012

Clearinghouse
30

ANSWER to 1 COMPLAINT by Ruth F. Ash, Vivian Baldwin, Robert P. Bolia, Clayton County Elections and Registration Board, Patricia Pullar. Discovery ends on 11/16/2012.(Hancock, Jack) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 06/19/2012)

June 19, 2012

June 19, 2012

PACER
31

AFFIDAVIT Affidavit of Suzette Haynes by Alieka Anderson, Pam Anderson, Mary Baker, Charlton Bivins, Ophelia Burroughs, Wanda Smith. (Hatcher, Todd) (Entered: 06/28/2012)

June 28, 2012

June 28, 2012

PACER
32

Joint STIPULATION of Facts by Alieka Anderson, Pam Adamson, Ruth F. Ash, Mary Baker, Vivian Baldwin, Charlton Bivins, Robert P. Bolia, Ophelia Burroughs, Clayton County Elections and Registration Board, Patricia Pullar, Wanda Smith. (Attachments: # 1 Exhibit "A", # 2 Exhibit "B")(Hatcher, Todd) Modified on 6/29/2012 to remove double wording (adg). Modified on 7/13/2012 (adg). (Entered: 06/28/2012)

1 Exhibit "A"

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2 Exhibit "B"

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June 28, 2012

June 28, 2012

Clearinghouse
33

Minute Entry for proceedings held before Judge Charles A. Pannell, Jr: Motion Hearing held on 6/28/2012. Court adopted the map without objections. Court approves the stipulation the parties have entered into. Written order to follow. (Court Reporter Martha Frutchey) (jtj) (Entered: 06/28/2012)

June 28, 2012

June 28, 2012

PACER

Submission to District Judge

July 6, 2012

July 6, 2012

PACER

Submission of 24 MOTION for Judgment, submitted to District Judge Charles A. Pannell. (adg)

July 6, 2012

July 6, 2012

PACER
34

ORDER GRANTING 24 Motion for Declaratory Judgment and Motion for Final Injunctive Relief. The current map for the Clayton County BOE is DECLARED to be of no effect. The Court's Plan is hereby confirmed as the lawful plan for Clayton County BOE elections until such time as the State of Georgia implements a new plan, and the defendants are hereby ENJOINED. (SEE ORDER FOR SPECIFIC DIRECTIVES). Signed by Judge Charles A. Pannell, Jr on 7/13/2012. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (adg) (Entered: 07/13/2012)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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July 13, 2012

July 13, 2012

Clearinghouse

Terminated Case

July 13, 2012

July 13, 2012

PACER
35

CLERK'S JUDGMENT in favor of Plaintiffs against Defendants for Declaratory Judgment and Injunctive Relief (adg)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 07/13/2012)

July 13, 2012

July 13, 2012

Clearinghouse

Civil Case Terminated. (adg)

July 13, 2012

July 13, 2012

PACER
36

ORDER and JUDGMENT for fees and expenses. The parties divide the expenses (in the amount of $3,062.50) incurred for the court's independent technicaladvisor evenly. Accordingly the plaintiffs and the defendants are DIRECTED to remit payments, each in the amount of $1,531.25, to: The Georgia General Assembly c/o Gina Wright, Executive Director, Legislative and Congressional Reapportionment Office, 18 Capitol Square, Suite 407 Coverdell Legislative Office Building, Atlanta, Georgia 30334. The parties bear their own attorney's fees. The costs of this action be taxed against the defendants. The parties may file any objections they may have to this order on or before 8/10/2012. If no objections are filed, this order and judgment shall become final on 8/13/2012, and the parties will have one week to remit payment for the services ofthe independent technical advisor. Absent objection, failure to remit payment on or before 8/20/2012, will result in contempt sanctions. Signed by Judge Charles A. Pannell, Jr on 8/1/2012. (adg) (Entered: 08/01/2012)

Aug. 1, 2012

Aug. 1, 2012

PACER

Case Details

State / Territory: Georgia

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: May 11, 2012

Closing Date: July 13, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Members of the Clayton County Board of Education

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Clayton County Elections and Registration Board (Clayton), None

State of Georgia, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Order Duration: 2012 - None

Content of Injunction:

Preliminary relief granted

Issues

Voting:

Redistricting/district composition