Case: Craig County, Virginia v. Holder

1:12-cv-01179 | U.S. District Court for the District of District of Columbia

Filed Date: July 18, 2012

Closed Date: Nov. 12, 2022

Clearinghouse coding complete

Case Summary

This is a case about Craig County, Virginia seeking an exemption (“bail out”) from the special remedial provisions of the Voting Rights Act of 1965 (the “Act”).  In pertinent part, the Act provided that governmental entities and their political subdivisions identified as employing devices infringing on the right to vote would be subject to special provisions requiring preclearance before implementing new voting-related laws or devices.  By virtue of being located in the Commonwealth of Virginia…

This is a case about Craig County, Virginia seeking an exemption (“bail out”) from the special remedial provisions of the Voting Rights Act of 1965 (the “Act”).  In pertinent part, the Act provided that governmental entities and their political subdivisions identified as employing devices infringing on the right to vote would be subject to special provisions requiring preclearance before implementing new voting-related laws or devices.  By virtue of being located in the Commonwealth of Virginia, Craig County was subject to the preclearance requirements.

On July 18, 2012, Craig County filed a complaint for declaratory relief against the Attorney General and the Assistant Attorney General, seeking a declaration that Craig County was exempted from coverage pursuant to the “bailout” provision in Section 4(a) of the Act.  The bailout provision allowed identified governmental entities to exempt themselves from the preclearance requirements upon a showing that the conditions set forth under Section 4(a) of the Act had been fulfilled over the prior ten years. 

On October 26, 2012, after appointment of a three-judge court, the parties jointly moved for approval of a consent judgment and decree.  In the joint motion, the Parties explained that the Attorney General had determined that Craig County met all of the requirements of Section 4(a), and that the Attorney General would consent to a declaratory judgment granting bailout to the Craig County under Section 4(a).  

The court entered the consent judgment and decree on November 29, 2012, exempting Craig County from the preclearance requirements, but retaining jurisdiction over the matter for an additional ten years.

This case is closed.

Summary Authors

Shaina Massie (11/27/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4211622/parties/craig-county-virginia-v-holder/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Abdoveis, Elaine M. (District of Columbia)

Adebonojo, Kenneth A. (District of Columbia)

ANDRAPALLIYAL, VINITA (District of Columbia)

ASTORGA, BERTHA M. (District of Columbia)

Bennett, Michelle Renee (District of Columbia)

Attorney for Defendant

Abdoveis, Elaine M. (District of Columbia)

Adebonojo, Kenneth A. (District of Columbia)

ANDRAPALLIYAL, VINITA (District of Columbia)

ASTORGA, BERTHA M. (District of Columbia)

Bennett, Michelle Renee (District of Columbia)

Berry, Wayne R. (District of Columbia)

Berwick, Benjamin Leon (District of Columbia)

BIKLEN, MOLLY K. (District of Columbia)

BROWN, JESSICA RUSZKIEWICZ (District of Columbia)

Burch, Alan (District of Columbia)

Chung, Evelyn Hyun-Jung (District of Columbia)

Cohen, Jason Todd (District of Columbia)

Culliton-Gonzalez, Katherine Mary (District of Columbia)

Dawgert, Jessica (District of Columbia)

Driscoll, Jessica P. (District of Columbia)

EGEMONYE, UCHE N. (District of Columbia)

EPSTEIN, MATTHEW R. (District of Columbia)

FORNEY, GEOFFREY (District of Columbia)

Garrett, Jenigh J. (District of Columbia)

Girdharry, Glenn M. (District of Columbia)

GO, SAMUEL P. (District of Columbia)

Grogg, Adam Anderson (District of Columbia)

Haas, Alexander Kenneth (District of Columbia)

Haynes, Fred Elmore (District of Columbia)

HECKER, A. SCOTT (District of Columbia)

Humphreys, Bradley P. (District of Columbia)

Kade, Elizabeth L. (District of Columbia)

KATZ, ANDREW MICHAEL (District of Columbia)

Kennedy, Brian G. (District of Columbia)

Leong, Katherine (District of Columbia)

LUBY, ANDREA C. (District of Columbia)

McCracken, John Matthew (District of Columbia)

MURPHY, KRISTIN R. (District of Columbia)

Newton, Emily Sue (District of Columbia)

Nocito, John A. (District of Columbia)

Patil, Chetan A. (District of Columbia)

Peterson, Benton Gregory (District of Columbia)

Pfaffenroth, Peter C. (District of Columbia)

Phillips, Ashton S. (District of Columbia)

Popper, Robert D. (District of Columbia)

Pruski, Jacek (District of Columbia)

Reuveni, Erez (District of Columbia)

Riess, Daniel (District of Columbia)

Saltman, Julie Shana (District of Columbia)

Serafin, Francine Aurora (District of Columbia)

SHOHAM, ORLY (District of Columbia)

Sokolower, Heather G. (District of Columbia)

STRAWN, JOHN M. (District of Columbia)

SWEET, JOEL M. (District of Columbia)

Thorp, Galen Nicholas (District of Columbia)

Wechsler, Peter T. (District of Columbia)

WEEKLEY, JENNIFER D. (District of Columbia)

WELSH, ADAM F. (District of Columbia)

Westfall, Elizabeth Stewart (District of Columbia)

WILSON, SARAH S. (District of Columbia)

show all people

Documents in the Clearinghouse

Document
1

1:12-cv-01179

Complaint

Craig County, Virginia V. Holder, Et Al

July 18, 2012

July 18, 2012

Complaint
14

1:12-cv-01179

Joint Motion for Judgment and Consent Decree

Craig County, Virginia V. Holder, Et Al

Oct. 26, 2012

Oct. 26, 2012

Pleading / Motion / Brief
15

1:12-cv-01179

Consent Judgment and Decree

Craig County, Virginia V. Holder, Et Al

Nov. 29, 2012

Nov. 29, 2012

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4211622/craig-county-virginia-v-holder/

Last updated March 9, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against ERIC HOLDER, THOMAS E. PEREZ (Filing Fee $ 350, receipt number0090-3007463 ) filed by CRAIG COUNTY, VIRGINIA. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons)(Butler, John) Modified on 7/18/2012 (rdj). (Entered: 07/18/2012)

1 Civil Cover Sheet

View on PACER

2 Summons

View on PACER

3 Summons

View on PACER

July 18, 2012

July 18, 2012

Clearinghouse
2

MOTION for Order Convene Three-Judge Court by CRAIG COUNTY, VIRGINIA (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Butler, John) (Entered: 07/18/2012)

July 18, 2012

July 18, 2012

PACER

Case Assigned to Judge Beryl A. Howell. (ls, )

July 18, 2012

July 18, 2012

PACER
3

ELECTRONIC SUMMONS (2)Issued as to ERIC HIMPTON HOLDER, JR, THOMAS E. PEREZ, (Attachments: # 1 Summons, # 2 Consent Notice)(ls, ) (Entered: 07/19/2012)

July 19, 2012

July 19, 2012

PACER
4

ORDERED that the 2 Motion for a Three-Judge Court is GRANTED. Signed by Judge Beryl A. Howell on 7/19/12. (mpt) (Entered: 07/19/2012)

July 19, 2012

July 19, 2012

PACER
5

USCA ORDER filed in USCA on July 24, 2012 FOR DESIGNATION OF JUDGES TO SERVE ON THREE-JUDGE DISTRICT COURT: designating Circuit Judge Merrick Garland and District Judge Paul L. Friedman to hear and determine this case with District Judge Beryl A. Howell. The U.S. Circuit Court Judge to preside over this case. (ds) (Entered: 07/24/2012)

July 24, 2012

July 24, 2012

PACER
6

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/25/12. (Butler, John) (Entered: 07/30/2012)

July 30, 2012

July 30, 2012

PACER
7

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/25/12. (Butler, John) (Entered: 07/30/2012)

July 30, 2012

July 30, 2012

PACER
8

MOTION to Issue Summons by CRAIG COUNTY, VIRGINIA (Butler, John) (Entered: 08/28/2012)

Aug. 28, 2012

Aug. 28, 2012

PACER

MINUTE ORDER (paperless) denying 8 Motion to Issue Summons. The plaintiff has indicated no difficulty in effecting service on the Department of Justice in accordance with Federal Rule of Civil Procedure 4(i). Signed by Judge Beryl A. Howell on August 29, 2012. (lcbah1)

Aug. 29, 2012

Aug. 29, 2012

PACER
9

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/30/2012. Answer due for ALL FEDERAL DEFENDANTS by 10/29/2012. (Butler, John) Modified on 9/13/2012 (rdj). (Entered: 09/12/2012)

Sept. 12, 2012

Sept. 12, 2012

PACER
10

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/30/2012. Answer due for ALL FEDERAL DEFENDANTS by 10/29/2012. (Butler, John) Modified on 9/13/2012 (rdj). (Entered: 09/12/2012)

Sept. 12, 2012

Sept. 12, 2012

PACER
11

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/30/12. (Butler, John) Modified on 9/13/2012 (rdj). (Entered: 09/12/2012)

Sept. 12, 2012

Sept. 12, 2012

PACER
12

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/30/12. (Butler, John) Modified on 9/13/2012 (rdj). (Entered: 09/12/2012)

Sept. 12, 2012

Sept. 12, 2012

PACER
13

NOTICE of Appearance by Robert D. Popper on behalf of All Defendants (Popper, Robert) (Entered: 10/26/2012)

Oct. 26, 2012

Oct. 26, 2012

PACER
14

Joint MOTION for Judgment and Consent Decree by ERIC HIMPTON HOLDER, JR, THOMAS E. PEREZ (Attachments: # 1 Proposed Consent Judgment and Decree)(Popper, Robert) (Entered: 10/26/2012)

1 Proposed Consent Judgment and Decree

View on PACER

Oct. 26, 2012

Oct. 26, 2012

Clearinghouse
15

ORDER granting 14 Joint Motion for Entry of Consent Judgment and Decree. See Order for further details. The Clerk is directed to close this case. Signed by Circuit Judge Garland and District Judges Howell and Friedman on November 29, 2012. (lcbah1) (Entered: 11/29/2012)

Nov. 29, 2012

Nov. 29, 2012

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: July 18, 2012

Closing Date: Nov. 12, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Craig County, Virginia

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 (United States Department of Justice) (- United States (national) -), Federal

Case Details

Causes of Action:

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

Special Case Type(s):

Three-Judge Court

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Declaratory Judgment

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2012 - 2022

Issues

Voting:

Voting: General & Misc.