Case: Middlesex County, Virginia v. Gonzales

1:07-cv-01485 | U.S. District Court for the District of District of Columbia

Filed Date: Aug. 17, 2007

Closed Date: Jan. 7, 2008

Clearinghouse coding complete

Case Summary

This case is about an action for declaratory relief brought by plaintiff Middlesex County, Virginia, pursuant to Section 4 of the Voting Rights Act, 42 U.S.C. §1973b. In 1982, Congress made changes in the exemption standards of the Voting Rights Act which provides that states, as well as political subdivisions within those states that are covered under the special provisions of the Act, are entitled to a declaratory judgment granting an exemption from the Act's special remedial provisions if ce…

This case is about an action for declaratory relief brought by plaintiff Middlesex County, Virginia, pursuant to Section 4 of the Voting Rights Act, 42 U.S.C. §1973b. In 1982, Congress made changes in the exemption standards of the Voting Rights Act which provides that states, as well as political subdivisions within those states that are covered under the special provisions of the Act, are entitled to a declaratory judgment granting an exemption from the Act's special remedial provisions if certain requirements are met.  

Plaintiff, represented by private counsel, filed the Complaint on August 17, 2007 in the U.S. District Court for the District of Columbia and requested the Court to (1) convene a three-judge court to hear plaintiff's claims and (2) enter a declaratory judgment that plaintiff Middlesex County and all governmental units within the County were entitled to a bailout from the special remedial provisions of the Voting Rights Act. Alberto R. Gonzales, Attorney General of the United States of America, and Wan J. Kim, Assistant Attorney General, Civil Rights Division, United States Department of Justice were named as defendants and the case was assigned to Chief Judge Thomas F. Hogan.  Plaintiff also filed a motion to convene a three-judge court on August 17, 2007 pursuant to Section 4 of the Voting Rights Act.

Plaintiff alleged it met all requirements needed for a declaratory judgment.  In particular, no test or device had been used for the purpose of denying or abridging the right to vote on account of race, color, or membership in a language minority group and no judgment had been entered by any court finding the same, and the governmental units within the political subdivision complied with the preclearance provisions of the Voting Rights Act.  Furthermore, plaintiff alleged voter registration opportunities were equally available to all citizens, registration was available by mail, its three-member Electoral Board included an African-American member, its Electoral Board Secretary was African-American, and a significant percentage of poll workers were African-American.

The Court granted plaintiff's motion to convene the three-judge court and on December 5, 2007, the parties filed a joint motion for entry of consent judgment and decree.  On January 7, 2008, a consent judgment and decree was entered by the three-judge court exempting plaintiff from Middlesex County from coverage pursuant to Section 4 of the Voting Rights Act.  

Summary Authors

Trevor Zeiler (12/15/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12439873/parties/middlesex-county-virginia-v-gonzales/


Judge(s)

Hogan, Thomas Francis (District of Columbia)

Attorney for Defendant

Hebert, Joseph Gerald (District of Columbia)

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Documents in the Clearinghouse

Document
2

1:07-cv-01485

Memorandum In Support Of Unopposed Motion To Convene Three-Judge Court

Aug. 17, 2007

Aug. 17, 2007

Pleading / Motion / Brief
1

1:07-cv-01485

Complaint For Declaratory Relief Under the Voting Rights Act

Aug. 17, 2007

Aug. 17, 2007

Complaint

2007 WL 4460316

2-1

1:07-cv-01485

Memorandum in Support of Unopposed Motion to Convene Three-Judge Court

Aug. 17, 2007

Aug. 17, 2007

Pleading / Motion / Brief
3

1:07-cv-01485

Order

Aug. 21, 2007

Aug. 21, 2007

Order/Opinion
4

1:07-cv-01485

Joint Motion For Entry Of Consent Judgment And Decree

Dec. 5, 2007

Dec. 5, 2007

Pleading / Motion / Brief
5

1:07-cv-01485

Consent Judgment And Decree

Jan. 7, 2008

Jan. 7, 2008

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12439873/middlesex-county-virginia-v-gonzales/

Last updated Oct. 1, 2025, 5:56 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against ALBERTO R. GONZALES, WAN J. KIM ( Filing fee $ 350, receipt number 4616006277) filed by MIDDLESEX COUNTY, VIRGINIA. (Attachments: # 1 Civil Cover Sheet)(lc, ) (Entered: 08/20/2007)

1 Civil Cover Sheet

View on RECAP

Aug. 17, 2007

Aug. 17, 2007

RECAP
2

MOTION to Convene Three-Judge Court by MIDDLESEX COUNTY, VIRGINIA (Attachments: # 1 Memorandum in support# 2 Text of Proposed Order)(lc, ) (Entered: 08/20/2007)

1 Memorandum in support

View on RECAP

2 Text of Proposed Order

View on RECAP

Aug. 17, 2007

Aug. 17, 2007

RECAP

SUMMONS (3) Issued as to ALBERTO R. GONZALES, WAN J. KIM, and U.S. Attorney (lc, )

Aug. 17, 2007

Aug. 17, 2007

PACER
3

ORDER ;granting 2 Motion To Convene Three-Judge Court, Signed by Acting Chief Judge Royce C. Lamberth for Chief Judge Thomas F. Hogan on 08/21/07. (hs,) (Entered: 08/21/2007)

Aug. 21, 2007

Aug. 21, 2007

RECAP
4

Joint MOTION for Entry of Final Judgment (Consent Judgment and Decree) by MIDDLESEX COUNTY, VIRGINIA, ALBERTO R. GONZALES, WAN J. KIM (Attachments: # 1 Statement of Facts Parties' Stipulation of Facts# 2 Text of Proposed Order Consent Judgment and Decree)(Hebert, J.) (Entered: 12/05/2007)

1 Statement of Facts Parties' Stipulation of Facts

View on RECAP

2 Text of Proposed Order Consent Judgment and Decree

View on RECAP

Dec. 5, 2007

Dec. 5, 2007

RECAP
5

CONSENT JUDGMENT AND DECREE, Signed by Chief Judge Thomas F. Hogan on 01/04/08. (hs,) Additional attachment(s) added on 1/7/2008 (zhs, ). (Entered: 01/07/2008)

Jan. 7, 2008

Jan. 7, 2008

RECAP

Case Details

State / Territory: District of Columbia

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Aug. 17, 2007

Closing Date: Jan. 7, 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Middlesex County, Virginia sought declaratory relief for an exemption from special remedial provisions of the Voting Rights Act.

Plaintiff Type(s):

City/County Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Attorney General of the United States of America (District of Columbia), None

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Voting Rights Act, section 5, 52 U.S.C. § 10304 (previously 42 U.S.C. § 1973c)

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Declaratory Judgment

Source of Relief:

Litigation

Issues

Voting:

Voting: General & Misc.