Filed Date: Jan. 7, 2009
Closed Date: May 26, 2009
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This case is about voter intimidation in violation of Section 11(b) of the Voting Rights Act of 1965 (“VRA”).
During the November 2008 federal general election, in the city of Philadelphia, two individuals deployed to a polling place, under the direction of a third individual while wearing military style uniforms and brandishing deadly weapons. The individuals made racial threats, racial insults, and intimidating gestures towards white and black voters. No one was injured during the event. The New Black Panther Party for Self-Defense (“NBPPSD”), a Black separatist group, managed, directed, and endorsed the threatening behavior of the individual perpetrators. NBPPSD also made statements supporting racially motivated violence, especially towards non-Blacks and Jewish individuals.
On January 7, 2009, the United States Attorney General filed an action against the NBPPSD and the three individual perpetrators in the United States District Court for the Eastern District of Pennsylvania. The plaintiff alleged that the individual defendants' actions and the defendant's subsequent endorsement amounted to: (1) voter intimidation; (2) attempted voter intimidation; (3) voter-aid intimidation; and (4) attempted voter-aid intimidation, in violation of Section 11(b) of the VRA. The plaintiff also moved to permanently enjoin the defendants from deploying to or engaging in threatening behavior at polling locations. The plaintiff also requested that the presiding Judge, Judge Stewart Dalzell, award litigation costs and other equitable relief deemed just and proper.
On April 1, 2009, the plaintiff moved for the court to enter a default judgment against the defendants for failure to plead or otherwise defend in a timely manner, pursuant to Federal Rule of Civil Procedure (“FRCP”) 55(a). Prior to ruling on the motion, the plaintiff filed a FRCP 41(a)(1)(A) Notice of Dismissal on May 15, 2009, and voluntarily dismissed the claims against NBPPSD and two of the three individual defendants. The plaintiff did not extend the notice to the third remaining defendant. Moreover, the plaintiff did not provide a reason for this choice.
Also on May 15, 2009, the plaintiff filed a Motion for Default Judgment against the remaining defendant, pursuant to FRCP 55(b)(2), which allows a party to apply to the court for a default judgment against a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend. The plaintiff asked the court to: (1) determine that the defendant violated Section 11(b) of the VRA; (2) enjoin the remaining defendant from displaying a weapon within 100 feet of any polling place in the City of Philadelphia; and (3) maintain jurisdiction over the matter until November 2012 to enforce the order and to award equitable relief, if proper.
On May 18, 2009, the court granted the plaintiff’s motion and the requested relief and entered a default judgment against the remaining third individual defendant. The judge found that the remaining defendant’s actions were in violation of Section 11(b) and an injunction against the remaining defendant was appropriate to prevent future harms.
Summary Authors
Katie von Schaumburg (7/18/2024)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12362162/parties/united-states-v-new-black-panther-party-for-self-defense/
Dalzell, Stewart R. (Pennsylvania)
ADAMS, J. CHRISTIAN (Pennsylvania)
FISHER, SPENCER ROSS (Pennsylvania)
See docket on RECAP: https://www.courtlistener.com/docket/12362162/united-states-v-new-black-panther-party-for-self-defense/
Last updated Jan. 31, 2025, 6:47 a.m.
State / Territory: Pennsylvania
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: Jan. 7, 2009
Closing Date: May 26, 2009
Case Ongoing: No
Plaintiffs
Plaintiff Description:
The United States Government
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
The New Black Party for Self-Defense and Individual Perpetrators, Non-profit or advocacy
Case Details
Causes of Action:
Voting Rights Act, unspecified, 52 U.S.C. § 10301 et seq (previously 42 U.S.C § 1973 et seq.)
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Order Duration: 2009 - 2012
Issues
Voting: