Case: The United States of America v. New Black Panther Party

2:09-cv-00065 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Jan. 7, 2009

Closed Date: May 26, 2009

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Case Summary

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 …

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.

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Summary Authors

Katie von Schaumburg (7/18/2024)

People

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/

Judge(s)

Dalzell, Stewart R. (Pennsylvania)

Attorney for Plaintiff

ADAMS, J. CHRISTIAN (Pennsylvania)

FISHER, SPENCER ROSS (Pennsylvania)

Judge(s)

Dalzell, Stewart R. (Pennsylvania)

Attorney for Plaintiff

ADAMS, J. CHRISTIAN (Pennsylvania)

FISHER, SPENCER ROSS (Pennsylvania)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 2:09-cv-00065	Complaint	Jan. 7, 2009	Jan. 7, 2009 Complaint
12 2:09-cv-00065	Request for Entry of Default	April 1, 2009	April 1, 2009 Other
11 2:09-cv-00065	Request for Entry of Default	April 1, 2009	April 1, 2009 Pleading / Motion / Brief
17 2:09-cv-00065	Rule 41(a)(1)(A) Notice of Dismissal	May 15, 2009	May 15, 2009 Pleading / Motion / Brief
18 2:09-cv-00065	Motion for Default Judgment USA v. New Black Panther Party	May 15, 2009	May 15, 2009 Pleading / Motion / Brief
20 2:09-cv-00065	Proposed Default Judgment Order	May 15, 2009	May 15, 2009 Pleading / Motion / Brief
19 2:09-cv-00065	Memorandum of Law in Support of Motion for Default Judgment	May 15, 2009	May 15, 2009 Pleading / Motion / Brief
21 2:09-cv-00065	Order	May 18, 2009	May 18, 2009 Order/Opinion
22 2:09-cv-00065	Judgment	May 18, 2009	May 18, 2009 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/12362162/united-states-v-new-black-panther-party-for-self-defense/

Last updated July 3, 2024, 10:06 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against NEW BLACK PANTHER PARTY FOR SELF-DEFENSE, MALIK ZULU SHABAZZ, SAMIR SHABAZZ, JERRY JACKSON, filed by THE UNITED STATES OF AMERICA.(cw, ) (Additional attachment(s) added on 1/4/2012: # 1 designation form) (gs, ). (Entered: 01/08/2009) 1 designation form View on PACER	Jan. 7, 2009	Jan. 7, 2009 Clearinghouse
	Summons Issued as to NEW BLACK PANTHER PARTY FOR SELF-DEFENSE, MALIK ZULU SHABAZZ, SAMIR SHABAZZ, JERRY JACKSON. Four Forwarded To: Counsel on 1/8/09 (cw, )	Jan. 7, 2009	Jan. 7, 2009 PACER
1	COMPLAINT against NEW BLACK PANTHER PARTY FOR SELF-DEFENSE, MALIK ZULU SHABAZZ, SAMIR SHABAZZ, JERRY JACKSON, filed by THE UNITED STATES OF AMERICA.(cw, ) (Additional attachment(s) added on 1/4/2012: # 1 designation form) (gs, ). (Entered: 01/08/2009) 1 designation form View on PACER	Jan. 7, 2009	Jan. 7, 2009 Clearinghouse
	Summons Issued as to NEW BLACK PANTHER PARTY FOR SELF-DEFENSE, MALIK ZULU SHABAZZ, SAMIR SHABAZZ, JERRY JACKSON. Four Forwarded To: Counsel on 1/8/09 (cw, )	Jan. 7, 2009	Jan. 7, 2009 PACER
2	Praecipe to issue four alias summons by THE UNITED STATES OF AMERICA. (ADAMS, J.) (Entered: 01/15/2009)	Jan. 15, 2009	Jan. 15, 2009 PACER
	4 Alias Summonses Issued as to NEW BLACK PANTHER PARTY FOR SELF-DEFENSE, MALIK ZULU SHABAZZ, MINISTER KING SAMIR SHABAZZ, AND JERRY JACKSON. Given to: Counsel on 1/16/09. (ah)	Jan. 15, 2009	Jan. 15, 2009 PACER
2	Praecipe to issue four alias summons by THE UNITED STATES OF AMERICA. (ADAMS, J.) (Entered: 01/15/2009)	Jan. 15, 2009	Jan. 15, 2009 PACER
	4 Alias Summonses Issued as to NEW BLACK PANTHER PARTY FOR SELF-DEFENSE, MALIK ZULU SHABAZZ, MINISTER KING SAMIR SHABAZZ, AND JERRY JACKSON. Given to: Counsel on 1/16/09. (ah)	Jan. 15, 2009	Jan. 15, 2009 PACER
3	Affidavit of Service, re: Dudley G. Brown served Summons and Complaint upon DEFT JERRY JACKSON by personal service on 1/24/2009, answer due 2/13/2009. (kw, ) (Entered: 01/26/2009)	Jan. 23, 2009	Jan. 23, 2009 PACER
3	Affidavit of Service, re: Dudley G. Brown served Summons and Complaint upon DEFT JERRY JACKSON by personal service on 1/24/2009, answer due 2/13/2009. (kw, ) (Entered: 01/26/2009)	Jan. 23, 2009	Jan. 23, 2009 PACER
4	AFFIDAVIT of Service by B. Tony Snesko re: served Summons and Complaint upon Malik Zulu Shabaz by Person. on January 28, 2009 (ADAMS, J.) (Entered: 01/29/2009)	Jan. 29, 2009	Jan. 29, 2009 PACER
5	AFFIDAVIT of Service by B. Tony Snesko re: served Summons and Complaint upon New Black Panther Party for Self Defense, an unincorporated association, through chairman Malik Zulu Shabazz by Person. on January 23, 2009 (ADAMS, J.) (Entered: 01/29/2009)	Jan. 29, 2009	Jan. 29, 2009 PACER
4	AFFIDAVIT of Service by B. Tony Snesko re: served Summons and Complaint upon Malik Zulu Shabaz by Person. on January 28, 2009 (ADAMS, J.) (Entered: 01/29/2009)	Jan. 29, 2009	Jan. 29, 2009 PACER
5	AFFIDAVIT of Service by B. Tony Snesko re: served Summons and Complaint upon New Black Panther Party for Self Defense, an unincorporated association, through chairman Malik Zulu Shabazz by Person. on January 23, 2009 (ADAMS, J.) (Entered: 01/29/2009)	Jan. 29, 2009	Jan. 29, 2009 PACER
6	Affidavit of Service of Dudley G. Brown, re: Served Summons and Complaint upon DEFT SAMIR SHABAZZ by personal service on 2/10/2009, answer due 3/2/2009. (kw, ) (Entered: 02/12/2009)	Feb. 11, 2009	Feb. 11, 2009 PACER
6	Affidavit of Service of Dudley G. Brown, re: Served Summons and Complaint upon DEFT SAMIR SHABAZZ by personal service on 2/10/2009, answer due 3/2/2009. (kw, ) (Entered: 02/12/2009)	Feb. 11, 2009	Feb. 11, 2009 PACER
7	NOTICE of Appearance by SPENCER ROSS FISHER on behalf of THE UNITED STATES OF AMERICA with Certificate of Service(FISHER, SPENCER) (Entered: 03/03/2009)	March 3, 2009	March 3, 2009 PACER
7	NOTICE of Appearance by SPENCER ROSS FISHER on behalf of THE UNITED STATES OF AMERICA with Certificate of Service(FISHER, SPENCER) (Entered: 03/03/2009)	March 3, 2009	March 3, 2009 PACER
8	Letter from Eileen Adler, Deputy Clerk to Judge Dalzell, dated 3/16/09, to Spencer Ross Fisher, Esq., & J. Christian Adams, Esq., re: A review of the Court's records shows that a pleading has not been filed in the above captioned action in response to the complaint, etc. (kw, ) (Entered: 03/17/2009)	March 16, 2009	March 16, 2009 PACER
8	Letter from Eileen Adler, Deputy Clerk to Judge Dalzell, dated 3/16/09, to Spencer Ross Fisher, Esq., & J. Christian Adams, Esq., re: A review of the Court's records shows that a pleading has not been filed in the above captioned action in response to the complaint, etc. (kw, ) (Entered: 03/17/2009)	March 16, 2009	March 16, 2009 PACER
9	Request for Default THE UNITED STATES OF AMERICA against SAMIR SHABAZZ. (Attachments: # 1 Exhibit)(FISHER, SPENCER) (Entered: 04/01/2009)	April 1, 2009	April 1, 2009 Clearinghouse
10	Request for Default THE UNITED STATES OF AMERICA against MALIK ZULU SHABAZZ. (Attachments: # 1 Exhibit Attachment)(FISHER, SPENCER) (Entered: 04/01/2009)	April 1, 2009	April 1, 2009 Clearinghouse
11	Request for Default THE UNITED STATES OF AMERICA against NEW BLACK PANTHER PARTY FOR SELF-DEFENSE. (Attachments: # 1 Exhibit Attachment)(FISHER, SPENCER) (Entered: 04/01/2009)	April 1, 2009	April 1, 2009 Clearinghouse
12	Request for Default THE UNITED STATES OF AMERICA against JERRY JACKSON. (Attachments: # 1 Exhibit Attachment)(FISHER, SPENCER) (Entered: 04/01/2009)	April 1, 2009	April 1, 2009 Clearinghouse
	DEFAULT BY JERRY JACKSON, NEW BLACK PANTHER PARTY FOR SELF-DEFENSE, MALIK ZULU SHABAZZ, SAMIR SHABAZZ FOR FAILURE TO APPEAR, PLEAD OR OTHERWISE DEFEND. (kw, )	April 1, 2009	April 1, 2009 PACER
	Default Entered (kw, )	April 1, 2009	April 1, 2009 PACER
9	Request for Default THE UNITED STATES OF AMERICA against SAMIR SHABAZZ. (Attachments: # 1 Exhibit)(FISHER, SPENCER) (Entered: 04/01/2009) 1 Exhibit View on PACER	April 1, 2009	April 1, 2009 Clearinghouse
10	Request for Default THE UNITED STATES OF AMERICA against MALIK ZULU SHABAZZ. (Attachments: # 1 Exhibit Attachment)(FISHER, SPENCER) (Entered: 04/01/2009) 1 Exhibit Attachment View on PACER	April 1, 2009	April 1, 2009 Clearinghouse
11	Request for Default THE UNITED STATES OF AMERICA against NEW BLACK PANTHER PARTY FOR SELF-DEFENSE. (Attachments: # 1 Exhibit Attachment)(FISHER, SPENCER) (Entered: 04/01/2009) 1 Exhibit Attachment View on PACER	April 1, 2009	April 1, 2009 Clearinghouse
12	Request for Default THE UNITED STATES OF AMERICA against JERRY JACKSON. (Attachments: # 1 Exhibit Attachment)(FISHER, SPENCER) (Entered: 04/01/2009) 1 Exhibit Attachment View on PACER	April 1, 2009	April 1, 2009 Clearinghouse
	DEFAULT BY JERRY JACKSON, NEW BLACK PANTHER PARTY FOR SELF-DEFENSE, MALIK ZULU SHABAZZ, SAMIR SHABAZZ FOR FAILURE TO APPEAR, PLEAD OR OTHERWISE DEFEND. (kw, )	April 1, 2009	April 1, 2009 PACER
	Default Entered (kw, )	April 1, 2009	April 1, 2009 PACER
13	ORDER THAT GOVERNMENT FILE ITS MOTION FOR DEFAULT JUDGMENT BY 5/1/2009. SIGNED BY HONORABLE STEWART DALZELL ON 4/17/09. 4/20/09 ENTERED AND COPIES E-MAILED.(kw, ) (Entered: 04/20/2009)	April 17, 2009	April 17, 2009 PACER
13	ORDER THAT GOVERNMENT FILE ITS MOTION FOR DEFAULT JUDGMENT BY 5/1/2009. SIGNED BY HONORABLE STEWART DALZELL ON 4/17/09. 4/20/09 ENTERED AND COPIES E-MAILED.(kw, ) (Entered: 04/20/2009)	April 17, 2009	April 17, 2009 PACER
14	MOTION for Extension of Time to File Motion for Default Judgment filed by THE UNITED STATES OF AMERICA.Motion.(ADAMS, J.) (Entered: 05/01/2009)	May 1, 2009	May 1, 2009 PACER
15	Amended MOTION for Extension of Time to File Motion for Default Judgment filed by THE UNITED STATES OF AMERICA.Motion.(ADAMS, J.) (Entered: 05/01/2009)	May 1, 2009	May 1, 2009 PACER
14	MOTION for Extension of Time to File Motion for Default Judgment filed by THE UNITED STATES OF AMERICA.Motion.(ADAMS, J.) (Entered: 05/01/2009)	May 1, 2009	May 1, 2009 PACER
15	Amended MOTION for Extension of Time to File Motion for Default Judgment filed by THE UNITED STATES OF AMERICA.Motion.(ADAMS, J.) (Entered: 05/01/2009)	May 1, 2009	May 1, 2009 PACER
16	ORDER THAT GOVERNMENT'S MOTION FOR EXTENSION OF TIME TO FILE ITS MOTION FOR DEFAULT JUDGMENT IS GRANTED; & THE GOVERNMENT SHALL FILE ITS MOTION FOR DEFAULT JUDGMENT BY 5/15/2009. SIGNED BY HONORABLE STEWART DALZELL ON 5/4/09. 5/5/09 ENTERED AND COPIES E-MAILED.(kw, ) (Entered: 05/05/2009)	May 4, 2009	May 4, 2009 PACER
16	ORDER THAT GOVERNMENT'S MOTION FOR EXTENSION OF TIME TO FILE ITS MOTION FOR DEFAULT JUDGMENT IS GRANTED; & THE GOVERNMENT SHALL FILE ITS MOTION FOR DEFAULT JUDGMENT BY 5/15/2009. SIGNED BY HONORABLE STEWART DALZELL ON 5/4/09. 5/5/09 ENTERED AND COPIES E-MAILED.(kw, ) (Entered: 05/05/2009)	May 4, 2009	May 4, 2009 PACER
17	NOTICE of Voluntary Dismissal by THE UNITED STATES OF AMERICA As To Jerry Jackson, Malik Zulu Shabazz, New Black Panther Party for Self-Defense(FISHER, SPENCER) (Entered: 05/15/2009)	May 15, 2009	May 15, 2009 Clearinghouse
18	MOTION for Default Judgment as to Defendant Minister King Samir Shabazz aka Maurice Heath filed by THE UNITED STATES OF AMERICA.Certificate of Service.(FISHER, SPENCER) (Entered: 05/15/2009)	May 15, 2009	May 15, 2009 Clearinghouse
19	Memorandum of Law in Support of MOTION for Default Judgment as to Defendant Minister King Samir Shabazz aka Maurice Heath filed by THE UNITED STATES OF AMERICA. (FISHER, SPENCER) Modified on 5/18/2009 (nd). (Entered: 05/15/2009)	May 15, 2009	May 15, 2009 Clearinghouse
20	Proposed Order RE: MOTION for Default Judgment as to Defendant Minister King Samir Shabazz aka Maurice Heath filed by THE UNITED STATES OF AMERICA.Proposed Order.(FISHER, SPENCER) Modified on 5/18/2009 (nd). (Entered: 05/15/2009)	May 15, 2009	May 15, 2009 Clearinghouse
17	NOTICE of Voluntary Dismissal by THE UNITED STATES OF AMERICA As To Jerry Jackson, Malik Zulu Shabazz, New Black Panther Party for Self-Defense(FISHER, SPENCER) (Entered: 05/15/2009)	May 15, 2009	May 15, 2009 Clearinghouse
18	MOTION for Default Judgment as to Defendant Minister King Samir Shabazz aka Maurice Heath filed by THE UNITED STATES OF AMERICA.Certificate of Service.(FISHER, SPENCER) (Entered: 05/15/2009)	May 15, 2009	May 15, 2009 Clearinghouse
19	Memorandum of Law in Support of MOTION for Default Judgment as to Defendant Minister King Samir Shabazz aka Maurice Heath filed by THE UNITED STATES OF AMERICA. (FISHER, SPENCER) Modified on 5/18/2009 (nd). (Entered: 05/15/2009)	May 15, 2009	May 15, 2009 Clearinghouse
20	Proposed Order RE: MOTION for Default Judgment as to Defendant Minister King Samir Shabazz aka Maurice Heath filed by THE UNITED STATES OF AMERICA.Proposed Order.(FISHER, SPENCER) Modified on 5/18/2009 (nd). (Entered: 05/15/2009)	May 15, 2009	May 15, 2009 Clearinghouse
21	ORDER THAT THE GOVERNMENT'S MOTION FOR DEFAULT JUDGMENT IS GRANTED. THIS MATTER IS CLOSED.SIGNED BY HONORABLE STEWART DALZELL ON 5/18/09. 5/19/09 ENTERED AND COPIES E-MAILED.(stb, ) (Entered: 05/19/2009)	May 18, 2009	May 18, 2009 Clearinghouse
22	DEFAULT JUDGMENT IS ENTERED IN FAVOR OF THE UNITED STATES OF AMERICA AND AGAINST SAMIR SHABAZZ, ENJOINING MINISTER KING SAMIR SHABAZZ FROM DISPLAYING A WEAPON WITHIN 100 FEET OF ANY OPEN POLLING LOCATION ON ANY ELECTION DAY IN THE CITY OF PHILADELPHIA.. SIGNED BY HONORABLE STEWART DALZELL ON 5/18/09. 5/19/09 ENTERED AND COPIES E-MAILED.(stb, ) (Entered: 05/19/2009)	May 18, 2009	May 18, 2009 Clearinghouse
21	ORDER THAT THE GOVERNMENT'S MOTION FOR DEFAULT JUDGMENT IS GRANTED. THIS MATTER IS CLOSED.SIGNED BY HONORABLE STEWART DALZELL ON 5/18/09. 5/19/09 ENTERED AND COPIES E-MAILED.(stb, ) (Entered: 05/19/2009)	May 18, 2009	May 18, 2009 Clearinghouse
22	DEFAULT JUDGMENT IS ENTERED IN FAVOR OF THE UNITED STATES OF AMERICA AND AGAINST SAMIR SHABAZZ, ENJOINING MINISTER KING SAMIR SHABAZZ FROM DISPLAYING A WEAPON WITHIN 100 FEET OF ANY OPEN POLLING LOCATION ON ANY ELECTION DAY IN THE CITY OF PHILADELPHIA.. SIGNED BY HONORABLE STEWART DALZELL ON 5/18/09. 5/19/09 ENTERED AND COPIES E-MAILED.(stb, ) (Entered: 05/19/2009)	May 18, 2009	May 18, 2009 Clearinghouse
23	AFFIDAVIT of Service by DUDLEY BROWN, Federal Process Server, re: served DEFAULT JUDGMENT ORDER upon MINISTER KING SAMIR SHABAZZ A/K/A MAURICE HEATH by PERSONAL SERVICE on 5/23/09. (pr, ) (Entered: 05/26/2009)	May 26, 2009	May 26, 2009 PACER