Filed Date: Aug. 17, 2007
Closed Date: Jan. 7, 2008
Clearinghouse coding complete
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)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12439873/parties/middlesex-county-virginia-v-gonzales/
Hogan, Thomas Francis (District of Columbia)
Hebert, Joseph Gerald (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/12439873/middlesex-county-virginia-v-gonzales/
Last updated Oct. 1, 2025, 5:56 a.m.
State / Territory: District of Columbia
Case Type(s):
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):
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):
Case Details
Causes of Action:
Voting Rights Act, section 5, 52 U.S.C. § 10304 (previously 42 U.S.C. § 1973c)
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Source of Relief:
Issues
Voting: