Case: Moore v. Putnam County Community School

1:07-cv-01011 | U.S. District Court for the Central District of Illinois

Filed Date: Dec. 20, 2006

Closed Date: June 18, 2007

Clearinghouse coding complete

Case Summary

This is a case concerning alleged vote dilution in Putnam County.  On December 20, 2006, seven residents of Putnam County filed suit against the Putnam County Community School District challenging the election of the Board of Education of Putnam County Community District #535.  In Putnam County, only three of seven board members could be elected from a district that contained a majority of the population. In their complaint, plaintiffs alleged 105 ILCS 5/11 A-8, succeeded by 105 ILCS 5/9, viola…

This is a case concerning alleged vote dilution in Putnam County. 

On December 20, 2006, seven residents of Putnam County filed suit against the Putnam County Community School District challenging the election of the Board of Education of Putnam County Community District #535.  In Putnam County, only three of seven board members could be elected from a district that contained a majority of the population. In their complaint, plaintiffs alleged 105 ILCS 5/11 A-8, succeeded by 105 ILCS 5/9, violated the Constitution of the United States and the State of Illinois insofar as it provided that residents of a township containing a majority of the population in a school district could not vote for a majority of the members of the board of education in a school district.  Plaintiffs, represented by private counsel, sought declaratory relief because they contended their votes were diluted, and injunctive relief to prevent the Board of Education from conducting business.  In addition, plaintiffs requested attorney's fees.

Defendant removed the case to the Central District of Illinois on January 12, 2007 in light of the federal questions presented and it was assigned to District Judge Joe B. McDade.  On February 14, 2007, Defendant filed a motion to dismiss and stay proceedings to afford the Illinois Attorney General an opportunity to intervene.  The motion to dismiss was based on prior caselaw upholding constitutional challenges to election schemes that candidates be residents of certain districts that did not contain equal numbers of people.  

After plaintiffs filed a late response on April 12, 2007, the Court issued an order on June 18, 2007 denying the stay and dismissing the Complaint.  Defendant's motion to stay was denied as moot as the Attorney General's office declined to intervene. The Court held that plaintiffs' equal protection claim of diluted votes failed to state a claim because the scheme described by plaintiffs aligned with cases cited by Defendant in its motion and which were previously upheld.  Notably, where (1) board members represent the entire county, not just the district in which they reside, and (2) those members are elected in an at-large format instead of the residency of voters––the scheme was not unconstitutional.  Similarly, plaintiffs' claim that the most popular candidate could be denied a seat simply because the district had reached its maximum number of candidates, thereby depriving plaintiffs of a potential candidate, was denied. The Court reasoned Putnam County's scheme fostered geographic diversity and without invidious discrimination, and as such, plaintiffs failed to state a claim.

Summary Authors

Trevor Zeiler (12/15/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12272837/parties/moore-v-putnam-county-community-school-district-535/


Judge(s)

McDade, Joe Billy (Illinois)

Attorney for Plaintiff

Grivetti, John A (Illinois)

Attorney for Defendant

Delort, Mathias William (Illinois)

Jr, Everett E (Illinois)

Katz, Heidi A (Illinois)

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Documents in the Clearinghouse

Document
1-1

1:07-cv-01011

Complaint

Dec. 20, 2006

Dec. 20, 2006

Complaint
1

1:07-cv-01011

Notice Of Removal

Jan. 12, 2007

Jan. 12, 2007

Pleading / Motion / Brief
5

1:07-cv-01011

Defendant's Rule 12(b)(6) Motion To Dismiss Complaint And Motion To Stay Proceedings, To Afford Illinois Attorney General An Opportinity To Intervene

Feb. 14, 2007

Feb. 14, 2007

Pleading / Motion / Brief
8

1:07-cv-01011

Response To Defendant's 12(b)(6) Motion To Dismiss And Motion To Stay Proceedings

April 12, 2007

April 12, 2007

Pleading / Motion / Brief
10

1:07-cv-01011

Order

June 18, 2007

June 18, 2007

Order/Opinion
11

1:07-cv-01011

Judgment In A Civil Case

June 18, 2007

June 18, 2007

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12272837/moore-v-putnam-county-community-school-district-535/

Last updated March 9, 2024, 3 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL from Tenth Judicial Circuit Putnam County, case number 06-MR-10 ( Filing fee $ 350 ), filed by Putnam County Community School District #535. (Attachments: # 1 state court complaint# 2 civil cover sheet)(TK, ilcd) (Entered: 01/12/2007)

1 state court complaint

View on Clearinghouse

2 civil cover sheet

View on RECAP

Jan. 12, 2007

Jan. 12, 2007

Clearinghouse

Remark: Atty admission packet mailed to atty John Grivetti. ECF Registration form only mailed to atty Mathias Delort. (TK, ilcd)

Jan. 12, 2007

Jan. 12, 2007

PACER

Filing fee:$350.00 paid in full, receipt number S008433 (HK, ilcd)

Jan. 12, 2007

Jan. 12, 2007

PACER
2

DOCUMENT STRICKEN PER TEXT ONLY ORDER OF 1/16/07. NOTICE to Clerk of the Tenth Judical Circuit of Removal of Action by Putnam County Community School District #535 (Weedman, Dennis) Modified on 1/16/2007 (RK, ilcd). (Entered: 01/15/2007)

Jan. 15, 2007

Jan. 15, 2007

PACER

TEXT ONLY ORDER by Magistrate Judge John A. Gorman. On 1/15/07, Document 2 Notice (Other) was filed in this case. The text of the pleading is illegible. Document #2 is accordingly stricken. Counsel is ordered to re-file this document. (RK, ilcd)

Jan. 16, 2007

Jan. 16, 2007

PACER
3

NOTICE of Filing by Putnam County Community School District #535 (Attachments: # 1 Exhibit Circuit Notice of Removal)(Weedman, Dennis) (Entered: 01/16/2007)

Jan. 16, 2007

Jan. 16, 2007

PACER
4

MOTION for Extension of Time to File Answer by Defendant Putnam County Community School District #535.Responses due by 2/7/2007 (Weedman, Dennis) (Entered: 01/24/2007)

Jan. 24, 2007

Jan. 24, 2007

PACER

TEXT ONLY ORDER by Judge John A. Gorman granting 4 Motion for Extension of Time to Answer. Putnam County Community School District #535 answer is due 2/14/2007. Rule 16 Scheduling Conference set for Tuesday, 3/6/2007 at 10:30 AM in person in chambers before Magistrate Judge John A. Gorman. Parties shall discuss and include in the Discovery Plan, at a minimum, the items discussed in Fed.R.Civ.P. 16(b)(5), 16(b)(6), 26(f), and CDIL-LR26.2(3). The Plan is to include provisions for discovery or disclosure of electronically stored information and any agreement with respect to inadvertently-disclosed work product or privileged information. If the parties cannot reach an agreement with respect to electronically stored information, the Plan is to include each partys proposals for such discovery. If an agreed Discovery Plan pursuant to Fed.R.Civ.P. 26 is filed on or before 3/2/07, the conference will be automatically converted to via telephone rather than in person and the court will set up the call. Entered on 1/25/07. (WW, ilcd)

Jan. 25, 2007

Jan. 25, 2007

PACER

Mail Returned as Undeliverable, re: ECF paperwork. Mail sent to Mathias Delort (RK, ilcd)

Jan. 25, 2007

Jan. 25, 2007

PACER
5

MOTION for Order to Stay Proceedings, to Afford Illinois Attorney General an Opportunity to Intervene by Defendant Putnam County Community School District #535. Responses due by 3/5/2007 (Attachments: # 1 Exhibit)(RK, ilcd) (Entered: 02/15/2007)

1 Exhibit A

View on RECAP

Feb. 14, 2007

Feb. 14, 2007

Clearinghouse

Notice of Docket Text or Event Modification re 5 MOTION to Dismiss Complaint 5 MOTION to Stay Proceedings, to Afford Illinois Attorney General Opportunity to Intervene. Motions docketed twice to reflect two pending motions with responses ddls. (RK, ilcd)

Feb. 15, 2007

Feb. 15, 2007

PACER
6

REPORT of Rule 26(f) Planning Meeting by Putnam County Community School District #535, Julie Moore. (Nicholas, Everett) (Entered: 03/05/2007)

March 5, 2007

March 5, 2007

PACER

Minute Entry for proceedings held before Judge John A. Gorman : Parties present via phone by Attys Grivetti/Nicholas for R16 Scheduling Conference on Tuesday, 3/6/07 - same held. Agreed Discovery plan approved and entered. The court sets the following schedule: Discovery due 11/15/07 and Motions due 11/15/07. Final Pretrial Conference set for Friday, 3/21/08 at 9:30 AM and Bench Trial set for Monday, 4/21/08 at 9:00 AM both in Courtroom D before Judge Joe Billy McDade. Discussion held re: Attorney General possibly intervening in this case. (SM, ilcd)

March 6, 2007

March 6, 2007

PACER
7

MOTION to Withdraw as Attorney by Defendant Putnam County Community School District #535.Responses due by 3/30/2007 (Delort, Mathias) (Entered: 03/13/2007)

March 13, 2007

March 13, 2007

PACER

TEXT ONLY ORDER granting 7 Motion to Withdraw as Attorney. Attorney Mathias William Delort terminated as counsel in this case. Entered by Judge John A. Gorman on 3/14/07. (WW, ilcd)

March 14, 2007

March 14, 2007

PACER

TEXT ONLY ORDER re 5 First MOTION to Dismiss First MOTION to Stay filed by Putnam County Community School District #535. The Defendant filed a motion to dismiss and to stay on February 14, 2007. The Plaintiffs have failed to respond within the time allowed by Local Rule 7.1(B)(2). The Plaintiffs are granted until 4/12/2007 to respond to the pending motion. No further notice will be given. Entered by Judge Joe Billy McDade on 4/5/07. (JBM3, ilcd)

April 5, 2007

April 5, 2007

PACER
8

RESPONSE to Motion re 5 MOTION for Order, 5 First MOTION to DismissFirst MOTION to Stay filed by Plaintiffs Cheryl Mennie, Robert Borri, Nancy Borri, Julie Moore, Amy Cimei, Jason Cimei, Hubert J Mennie. (Grivetti, John) (Entered: 04/12/2007)

April 12, 2007

April 12, 2007

Clearinghouse
9

NOTICE of Appearance of Attorney by Heidi A Katz on behalf of Putnam County Community School District #535 (Katz, Heidi) (Entered: 04/23/2007)

April 23, 2007

April 23, 2007

PACER
10

ORDER granting 5 Motion to Dismiss; and finding as moot 5 Motion to Stay. Civil Case Terminated.Entered by Judge Joe Billy McDade on 6/18/07. (RK, ilcd) (Entered: 06/18/2007)

June 18, 2007

June 18, 2007

Clearinghouse
11

JUDGMENT is entered dismissing the Plaintiff's complaint. (RK, ilcd) (Entered: 06/19/2007)

June 18, 2007

June 18, 2007

Clearinghouse

Case Details

State / Territory: Illinois

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: Dec. 20, 2006

Closing Date: June 18, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Seven residents challenging the election of the Putnam County Community School District's Board of Education.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Attorney General (Putnam), County

Defendant Type(s):

Jurisdiction-wide

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General/Misc.:

Education

Voting:

Challenges to at-large/multimember district/election

Voting: General & Misc.