Case: United States v. City of Philadelphia

2:06-cv-04592 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Oct. 13, 2006

Closed Date: Jan. 7, 2009

Clearinghouse coding complete

Case Summary

This is a case about enforcing the Voting Rights Act and compelling the establishment of effective voting mechanisms for voters who have limited proficiency in English. On October 13, 2006, the Civil Rights Division of the U.S. Department of Justice (DOJ) filed this lawsuit in the U.S. District Court for the Eastern District of Pennsylvania. The DOJ sued the City of Philadelphia, Philadelphia City Commissioners and the Philadelphia County Board of Elections under Sections 203 and 208 of the Vot…

This is a case about enforcing the Voting Rights Act and compelling the establishment of effective voting mechanisms for voters who have limited proficiency in English. On October 13, 2006, the Civil Rights Division of the U.S. Department of Justice (DOJ) filed this lawsuit in the U.S. District Court for the Eastern District of Pennsylvania. The DOJ sued the City of Philadelphia, Philadelphia City Commissioners and the Philadelphia County Board of Elections under Sections 203 and 208 of the Voting Rights Act (VRA). 

DOJ sought: a declaration that the defendants’ policies violated the VRA and that they were enjoined from engaging in that conduct, an order that the defendants were required to develop a plan ensuring 1) that Spanish-speaking citizens were able to participate in all phases of the electoral process and 2) that voters would be able to receive assistance to vote from an individual of their choice, the appointment of Federal observers for elections held in Philadelphia until December 31, 2009, and attorney’s fees. 

They claimed that the defendants failed to provide Spanish-speaking voters with voting notices, forms, instructions, assistance, as well as other materials and information related to the voting process in Spanish, and failed to maintain an adequate pool of bilingual poll workers capable of providing election information and assistance in Spanish, in violation of the defendants' obligations under section 203 of the VRA. DOJ also claimed a violation of the defendants’ obligations under section 208 of the VRA because they failed to allow Spanish-speaking voters to receive assistance from an individual of their choice. The complaint was later amended on April 26, 2007, to claim further violations of Section 2 of the VRA as the election system and procedures implemented by the defendant denied minority voters equal access to the election process, and violations of 4(e) of the VRA because the defendants failed to provide election information to citizens educated in Spanish in American flag schools in Puerto Rico. The amended complaint also claimed violations of the Help America Vote Act (HAVA) because the defendants failed to provide alternative-language information, and a violation of Section 8 of the National Voter Registration Act (NVRA) for failing to remove deceased voters from the rolls. 

DOJ filed a motion for a temporary restraining order or, in the alternative, a preliminary injunction on October 25, 2006, asking for federal observers to oversee the defendants’ election procedures at the November 7, 2006 election. The motion was heard before a three-judge panel. The court denied the request, stating that DOJ failed to request the relief in a timely manner, had waited too close to the election to file their request, and had also failed to meet its burden and show that the requested relief is necessary.

The parties reached a settlement agreement on April 26, 2007, after which they jointly agreed to stipulate to the dismissal of the case against the defendants. The settlement required the defendants to: establish an effective bilingual program, including bilingual interpreters and alternative-language information, allow limited-English proficient voters to receive assistance from an individual of their choice, provide alternative-language information, and undertake a program of voter list maintenance. The court dismissed the case on May 30, and retained jurisdiction over the matter until July 1, 2009, to enforce the terms of the settlement. On July 14, 2008, the settlement agreement was amended to require the defendant to broaden its pool of interpreters by training, certifying, and assigning interpreters to the locations where Spanish-language interpretation services were necessary.

Summary Authors

Simran Takhar (1/4/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12228068/parties/united-states-v-city-of-philadelphia/


Judge(s)
Attorney for Plaintiff

EVERSOLE, M. ERIC (Pennsylvania)

JUNG, VERONICA S. (Pennsylvania)

Attorney for Defendant

FLETMAN, ABBE F. (Pennsylvania)

GERSH, ADAM E. (Pennsylvania)

HACKETT, LIZANNE V. (Pennsylvania)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

2:06-cv-04592

Complaint

Oct. 13, 2006

Oct. 13, 2006

Complaint

2:06-cv-04592

Opinion

Nov. 7, 2006

Nov. 7, 2006

Order/Opinion

2006 WL 2006

2:06-cv-04592

Amended Complaint

April 26, 2007

April 26, 2007

Complaint

2:06-cv-04592

Amendment to Settlement Agreement

July 14, 2008

July 14, 2008

Settlement Agreement

2:06-cv-04592

Settlement Agreement

July 1, 2009

July 1, 2009

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12228068/united-states-v-city-of-philadelphia/

Last updated March 8, 2024, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against CITY OF PHILADELPHIA, PHILADELPHIA CITY COMMISSION, filed by THE UNITED STATES OF AMERICA.(ti, ) Additional attachment(s) added on 11/8/2006 (mac, ). (Entered: 10/16/2006)

Oct. 13, 2006

Oct. 13, 2006

PACER

Summons Issued

Oct. 13, 2006

Oct. 13, 2006

PACER

Summons Issued as to CITY OF PHILADELPHIA, PHILADELPHIA CITY COMMISSION. Two Originals Forwarded To: Counsel on 10/16/06 (ti, )

Oct. 13, 2006

Oct. 13, 2006

PACER
2

MOTION FOR THREE JUDGE PANEL, CERTIFICATE OF SERVICE, FILED BY THE UNITED STATES OF AMERICA.(ti, ) (Entered: 10/16/2006)

Oct. 13, 2006

Oct. 13, 2006

PACER
3

NOTICE of Appearance by LIZANNE V. HOERST on behalf of CITY OF PHILADELPHIA, PHILADELPHIA CITY COMMISSION with Certificate of Service (Attachments: # 1)(HOERST, LIZANNE) (Entered: 10/16/2006)

Oct. 16, 2006

Oct. 16, 2006

PACER
4

NOTICE of Appearance by ABBE F. FLETMAN on behalf of CITY OF PHILADELPHIA, PHILADELPHIA CITY COMMISSION with Certificate of Service (Attachments: # 1)(FLETMAN, ABBE) (Entered: 10/18/2006)

Oct. 18, 2006

Oct. 18, 2006

PACER
5

Certified Copy of Order from the U.S.C.A. for the Third Circuit designating a Three Judge Court as follows: D. Brooks Smith, Circuit Judge; Harvey Bartle III, Chief District Judge; Petrese B. Tucker, District Judge, to hear and determine this cause in accordance with these statutes. The Honorable D. Brooks Smith shall preside. (mac, ) Additional attachment(s) added on 11/13/2006 (mc, ). (Entered: 10/20/2006)

Oct. 20, 2006

Oct. 20, 2006

PACER
6

NOTICE of Appearance by ADAM E. GERSH on behalf of CITY OF PHILADELPHIA, PHILADELPHIA CITY COMMISSION (GERSH, ADAM) (Entered: 10/20/2006)

Oct. 20, 2006

Oct. 20, 2006

PACER
7

ORDER THAT A STATUS CONFERENCE IS SET FOR 10/24/2006 AT 2:45 PM IN JUDGE'S CHAMBERS BEFORE HONORABLE PETRESE B. TUCKER. SIGNED BY JUDGE PETRESE B. TUCKER ON 10/20/06. 10/20/06 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(mac, ) (Entered: 10/20/2006)

Oct. 20, 2006

Oct. 20, 2006

RECAP
8

NOTICE of Appearance filed by VERONICA S. JUNG on behalf of THE UNITED STATES OF AMERICA, certificate of service. (mac, ) (Entered: 10/25/2006)

Oct. 25, 2006

Oct. 25, 2006

PACER
9

MOTION for Temporary Restraining Order, Or In the Alternative, A Preliminary Injunction filed by THE UNITED STATES OF AMERICA.Proposed Orders. (Attachments: # 1 Text of Proposed Order Proposed Order for TRO# 2 Text of Proposed Order Proposed Order for PI)(EVERSOLE, M.) (Entered: 10/25/2006)

Oct. 25, 2006

Oct. 25, 2006

PACER
10

Memorandum in Support of MOTION for Temporary Restraining Order, Or In the Alternative, A Preliminary Injunction filed by THE UNITED STATES OF AMERICA.Memorandum In Support of Motion for TRO. (Attachments: # 1 Index of Evidentiary Materials)(EVERSOLE, M.) Modified on 10/27/2006 (np). (Entered: 10/25/2006)

Oct. 25, 2006

Oct. 25, 2006

PACER
11

Evidentiary materials in support of UNITED STATES' Motion for a Temporary Restraining Order, or in the alternative, a Preliminary Injunction filed by THE UNITED STATES OF AMERICA. (Two Volumes).(mac, ) (Entered: 10/26/2006)

Oct. 25, 2006

Oct. 25, 2006

PACER
12

NOTICE of Appearance by VIVECA D PARKER on behalf of THE UNITED STATES OF AMERICA with Certificate of Service (PARKER, VIVECA) (Entered: 10/31/2006)

Oct. 31, 2006

Oct. 31, 2006

PACER
13

NOTICE of Appearance by DONALD LEE PALMER on behalf of THE UNITED STATES OF AMERICA with Certificate of Service. (nda, ) (Entered: 11/01/2006)

Nov. 1, 2006

Nov. 1, 2006

PACER
14

NOTICE of Appearance by SEAN W. O'DONNELL on behalf of THE UNITED STATES OF AMERICA with Certificate of Service. (nda, ) (Entered: 11/01/2006)

Nov. 1, 2006

Nov. 1, 2006

PACER
15

NOTICE of Appearance by DENISE J. SMYLER on behalf of CITY OF PHILADELPHIA, PHILADELPHIA CITY COMMISSION with Certificate of Service (Attachments: # 1 # 2)(SMYLER, DENISE) (Entered: 11/01/2006)

Nov. 1, 2006

Nov. 1, 2006

PACER
16

RESPONSE in Opposition re 10 Memorandum in Support of MOTION for Temporary Restraining Order, Or In the Alternative, A Preliminary Injunction, 9 MOTION for Temporary Restraining Order, Or In the Alternative, A Preliminary Injunction filed by CITY OF PHILADELPHIA, PHILADELPHIA CITY COMMISSION. (HOERST, LIZANNE) (Entered: 11/01/2006)

Nov. 1, 2006

Nov. 1, 2006

PACER
17

AMENDED DOCUMENT by CITY OF PHILADELPHIA, PHILADELPHIA CITY COMMISSION. Amendment to 16 Response in Opposition to Motion, PROPOSED ORDER DENYING PLAINTIFF'S MOTION. (Attachments: # 1 Certificate of Service)(HOERST, LIZANNE) (Entered: 11/01/2006)

Nov. 1, 2006

Nov. 1, 2006

PACER
18

Declaration and Other Materials in Support of Motion in Opposition to Plaintiff's Motion for Temporary Restarining Order, or in the Alternative, a Preliminary Injunction filed by Defendants.(nda, ) (Entered: 11/02/2006)

Nov. 1, 2006

Nov. 1, 2006

PACER
19

NOTICE THAT A HEARING WILL BE HELD ON FRIDAY, NOVEMBER 3, 2006 AT 9:30 A.M. IN COURTROOM 3A BEFORE THE HONORABLE D. BROOKS SMITH, THE HONORABLE HARVEY BARTLE III AND THE HONORABLE PETRESE B. TUCKER ON THE ABOVE-CAPTIONED CASE. (mac, ) (Entered: 11/02/2006)

Nov. 2, 2006

Nov. 2, 2006

PACER
20

MOTION for Determination of Sufficiency of Responses to Requests for Admission filed by THE UNITED STATES OF AMERICA, Certificate of Service. (JUNG, VERONICA) Modified on 11/3/2006 (np). (Entered: 11/02/2006)

Nov. 2, 2006

Nov. 2, 2006

PACER
21

Memorandum in Support of MOTION for Discovery Determination of Sufficiency of Responses to Requests for Admission filed by THE UNITED STATES OF AMERICA, Certificate of Service. (JUNG, VERONICA) Modified on 11/3/2006 (np). (Entered: 11/02/2006)

Nov. 2, 2006

Nov. 2, 2006

PACER
22

Memorandum in Support of MOTION for Determination of Sufficiency of Responses to Requests for Admission filed by THE UNITED STATES OF AMERICA with Exhibits, Certificate of Service. (Attachments: # 1 Exhibit Defendants' Response to Requests for Admission# 2 Text of Proposed Order Granting United States' Motion) (JUNG, VERONICA) Modified on 11/3/2006 (np). (Entered: 11/02/2006)

Nov. 2, 2006

Nov. 2, 2006

PACER
23

REPLY BRIEF in Support of Motion re 9 MOTION for Temporary Restraining Order, Or In the Alternative, A Preliminary Injunction filed by THE UNITED STATES OF AMERICA, Certificate of Service. (Attachments: # 1 Exhibit Testimony of Dr. James Thomas Tucker# 2 Exhibit NAACP Letter# 3 Exhibit ACLU memo# 4 Exhibit US v McKinley County# 5 Exhibit Ferrer Campaign# 6 Exhibit Leadership Conference on Civil Rights# 7 Exhibit Susan Copella Declaration# 8 Exhibit Nelldean Monroe Declaration# 9 Exhibit Hillary Maki Declaration# 10 Exhibit David Ely Declaration# 11 Exhibit Elizabeth Johnson Declaration# 12 Exhibit Defendants' Responses to RFAs# 13 Exhibit Testimony of Orange County Supervisor Chris Norby# 14 Exhibit Press Statement by Pennsylvania Statewide Latino Coalition)(JUNG, VERONICA) Modified on 11/3/2006 (np). (Entered: 11/02/2006)

Nov. 2, 2006

Nov. 2, 2006

PACER
24

Petition to Appear Amicus Curiae by PETER J. WIRS. Certificate of Service and Memorandum in Support of Petition attached. (nda, ) Modified on 11/3/2006 (nda, ). (Entered: 11/03/2006)

2 Memorandum

View on PACER

3 Proposed Order

View on PACER

Nov. 2, 2006

Nov. 2, 2006

PACER
25

ORDER THAT THE MOTION OF THE UNITED STATES FOR A TEMPORARY RESTRAINING ORDER OR, IN THE ALTERNATIVE, A PRELIMINARY INJUNCTION IS DENIED, A SUPPORTING MEMORANDUM WILL FOLLOW. SIGNED BY CIRCUIT JUDGE D. BROOKS SMITH, CHIEF DISTRICT JUDGE HARVEY BARTLE III, JUDGE PETRESE B. TUCKER ON 11/3/06.11/3/06 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (mac, ) Additional attachment(s) added on 11/3/2006 (dt, ). (Entered: 11/03/2006)

Nov. 3, 2006

Nov. 3, 2006

PACER
26

TRANSCRIPT of Proceedings, Hearing held on 11/3/06 before Judge D. Brooks Smith, Judge Harvey Bartle, III, Judge Petrese B. Tucker. Court Reporter: Ann Fuhrman. (mac, ) (Entered: 11/07/2006)

Nov. 7, 2006

Nov. 7, 2006

PACER
27

OPINION AS TO THE UNITED STATES' MOTION FOR A TEMPORARY RESTRAINING ORDER, OR IN THE ALTERNATIVE, A PRELIMINARY INJUNCTION. DUE TO THE PROXIMITY OF THE NOVEMBER 7, 2006 ELECTION, WE ISSUED AN ORDER WITHOUT ACCOMPANYING OPINION IMMEDIATELY FOLLOWING THE NOVEMBER 3 HEARING, DENYING EQUITABLE RELIEF. WE NOW EXPLAIN OUR REASONING FOR DENYING THE RELIEF SOUGHT BY THE UNITED STATES, ETC. SIGNED BY JUDGE D. BROOKS SMITH ON 11/7/06. 11/8/06 ENTERED AND COPIES MAILED.(mac, ) Additional attachment(s) added on 11/9/2006 (td, ). (Entered: 11/08/2006)

Nov. 8, 2006

Nov. 8, 2006

PACER
28

Minute Entry for proceedings held before Judge PETRESE B. TUCKER : Status Conference held on 10/24/06. (mac, ) (Entered: 11/09/2006)

Nov. 9, 2006

Nov. 9, 2006

PACER
29

Minute Entry for proceedings held before JUDGE D. BROOKS SMITH, JUDGE HARVEY BARTLE III, JUDGE PETRESE B. TUCKER : Hearing-Motion for Temporary Restraining Order/Preliminary Injunction held on 11/3/06. Counsel argue Government's Motion for temporary restraining order, or in the alternative, preliminary injunction. Witnesses called and sworn. Court Rules: Motion CAV Court Reporter: Ann Fuhrman. (mac, ) Modified on 11/9/2006 (mac, ). (Entered: 11/09/2006)

Nov. 9, 2006

Nov. 9, 2006

PACER
30

ANSWER to Complaint and Affirmative Defenses by CITY OF PHILADELPHIA, PHILADELPHIA CITY COMMISSION. (Attachments: # 1 Certificate of Service)(HOERST, LIZANNE) Modified on 11/15/2006 (fh, ). (Entered: 11/13/2006)

Nov. 13, 2006

Nov. 13, 2006

PACER
31

MOTION to Strike and Response in Opposition to Plaintiff's Motion for Determination of Sufficiency filed by CITY OF PHILADELPHIA, PHILADELPHIA CITY COMMISSION.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum of Law# 2 Exhibit A - Amended Responses to Plaintiff's Requests for Admission# 3 Text of Proposed Order Denying Plaintiff's Motion for Determination# 4 Text of Proposed Order Granting Defendants' Motion to Strike# 5 Cert. of Service)(HOERST, LIZANNE) (Entered: 11/16/2006)

Nov. 16, 2006

Nov. 16, 2006

PACER
32

PRAECIPE to Withdraw Motion and Cross Motion by UNITED STATES OF AMERICA, and by CITY OF PHILADELPHIA, PHILADELPHIA CITY COMMISSION. (HOERST, LIZANNE) Modified on 11/30/2006 (md). (Entered: 11/30/2006)

Nov. 30, 2006

Nov. 30, 2006

PACER
33

NOTICE of Hearing: Rule 16 SCHEDULING CONFERENCE SET FOR 3/26/2007 10:00 AM BEFORE HONORABLE PETRESE B. TUCKER. (adr) (Entered: 02/02/2007)

Feb. 2, 2007

Feb. 2, 2007

PACER
34

STIPULATION Joint Stipulation for Amendment of Complaint by CITY OF PHILADELPHIA, PHILADELPHIA CITY COMMISSION. (Attachments: # 1)(FLETMAN, ABBE) Modified on 4/27/2007 (le, ). (Entered: 04/26/2007)

April 26, 2007

April 26, 2007

PACER
35

AMENDED COMPLAINT against CITY OF PHILADELPHIA, MARGARET TARTAGLIONE, EDGAR A. HOWARD, JOSEPH J. DUDA, THE PHILADELPHIA COUNTY BOARD OF ELECTIONS filed by THE UNITED STATES OF AMERICA.(mac, ) Modified on 4/27/2007 (mac, ). (Entered: 04/27/2007)

April 26, 2007

April 26, 2007

PACER
36

STIPULATION of Dismissal with Prejudice by CITY OF PHILADELPHIA, PHILADELPHIA CITY COMMISSION. (FLETMAN, ABBE) (Entered: 04/27/2007)

April 27, 2007

April 27, 2007

RECAP
37

ORDER THAT IN THE ABOVE-CAPTIONED CASE IS DISMISSED WITH PREJUDICE. THE PARTIES TO BEAR THEIR RESPECTIVE COSTS. IT IS FURTHER ORDERED THAT THIS COURT SHALL RETAIN JURISDICTION OVER THIS MATTER UNTIL 7/1/09; ETC.. SIGNED BY JUDGE PETRESE B. TUCKER ON 5/30/07. 6/4/07 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(jl, ) (Entered: 06/04/2007)

June 1, 2007

June 1, 2007

RECAP

Case Details

State / Territory: Pennsylvania

Case Type(s):

Election/Voting Rights

Disability Rights

Key Dates

Filing Date: Oct. 13, 2006

Closing Date: Jan. 7, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Civil Rights Division of the Department of Justice filed this suit to enforce provisions of the VRA.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Philadelphia (Philadelphia), City

Philadelphia County Board of Elections (Philadelphia), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

National Voter Registration Act ("Motor Voter law"), 52 U.S.C. § 20501 (previously 42 U.S.C. § 1973gg)

Voting Rights Act, section 208 (assistance for disabled persons), 52 U.S.C. § 10508 (previously 42 U.S.C. § 1973aa-6)

Voting Rights Act, section 203 (language minority provision), 52 U.S.C. § 10503 (previously 42 U.S.C. § 1973aa-1a)

Help America Vote Act (HAVA), 52 U.S.C. § 20901 et seq (previously 42 U.S.C. § 15301 et seq)

Voting Rights Act, unspecified, 52 U.S.C. § 10301 et seq (previously 42 U.S.C § 1973 et seq.)

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Conditional Dismissal

Order Duration: 2007 - 2009

Content of Injunction:

Preliminary relief denied

Issues

General:

Government services

Disability and Disability Rights:

disability, unspecified

Voting:

Voting: General & Misc.

Voting: Physical/Effective Access

Election administration

Discrimination-basis:

Disability (inc. reasonable accommodations)

Language discrimination

Language:

Spanish