Case: Winstead v. Stodola

4:07-cv-00682 | U.S. District Court for the Eastern District of Arkansas

Filed Date: Aug. 9, 2007

Closed Date: Aug. 24, 2009

Clearinghouse coding complete

Case Summary

This case challenged Ordinance Number 19,7615 that increased the Mayor of Little Rock, Arkansas’ power, including but not limited to an increased salary, veto power, and the ability to hire and fire the City Attorney and City Manager.  On August 9, 2007, five citizens of Pulaski County, Little Rock, Arkansas filed a lawsuit simultaneously with a motion and integrated brief that sought immediate injunctive relief pursuant to Rule 65 of the Federal Rules of Civil Procedure (“FRCP”) in the United …

This case challenged Ordinance Number 19,7615 that increased the Mayor of Little Rock, Arkansas’ power, including but not limited to an increased salary, veto power, and the ability to hire and fire the City Attorney and City Manager. 

On August 9, 2007, five citizens of Pulaski County, Little Rock, Arkansas filed a lawsuit simultaneously with a motion and integrated brief that sought immediate injunctive relief pursuant to Rule 65 of the Federal Rules of Civil Procedure (“FRCP”) in the United States District Court of the Eastern District of Arkansas. Plaintiffs filed this lawsuit against the mayor of Little Rock, in their individual and official capacity; the city attorney for Little Rock, in their individual and official capacity; the city directors of Little Rock, in their individual and official capacity; the Pulaski County election commissioners, in their individual and official capacity; the governor of the state of Arkansas, in their individual and official capacity; and the state of Arkansas under 42 U.S.C. § 1983, the Voting Rights Act, and state law. Four of the five Plaintiffs were represented by private counsel and one Plaintiff was pro se. In their complaint, Plaintiffs claimed that Pulaski County’s Ordinance Number 19,7615 diluted the power of minority voters in violation of the First, Fourth, Fifth, Fourteenth, and Fifteenth Amendments of the Constitution and the Voting Rights Act because the increase in the mayor’s power diluted the voice of minority voters. Plaintiffs sought a preliminary and permanent injunction to stop the election that was scheduled. They also asked the Court for a declaratory judgment, compensatory and punitive damages, and attorney’s fees and costs.

The case was initially assigned to Judge Susan Webber Wright, but was reassigned on August 10, 2007 to Judge J. Leon Holmes. However, that same day Plaintiffs moved to recuse Judge Holmes. The motion was immediately granted and the case was reassigned to Judge William R. Wilson Jr.

On August 13, 2007, seven out of the fourteen named Defendants, including the City of Little Rock and jointly referred to as the City of Little Rock Defendants, filed a response to the motion for injunctive relief. They claimed that Plaintiffs sought to enjoin an election that was already under way with early voting and was already scheduled for August 14, 2007. The City of Little Rock Defendants claimed that since Plaintiffs filed their Motion less than six days prior to the date of the election, and the City had already expended approximately $80,000 on the election, the City would have incurred more harm than Plaintiffs if the Court enjoined the election. Furthermore, the City of Little Rock Defendants claimed that the public interest was in favor of permitting the election of the Ordinance as this was a last-minute attempt to thwart the right of the people to decide as to how they wished to be governed. The City of Little Rock Defendants requested that the Court deny Plaintiffs’ the injunctive relief sought and, in the alternative, require Plaintiffs to post an $80,000 bond for the cost of holding the election at a time in the future once the injunction was lifted. 

Also on August 13, 2007, the City of Little Rock Defendants filed a Motion to Dismiss stating that Plaintiffs’ Complaint failed to state a claim for which relief may be granted. Specifically, the City of Little Rock Defendants claimed, among other things, that there was no violation of the Voting Rights Act, 42 U.S.C. § 1973, as Plaintiffs did not allege that any person would be denied the right to vote on the pending referendum election because of race, creed, or national origin, nor that such an individual would be precluded from voting because of the use of artificial means, e.g., a literacy test, to defeat the right to vote. The City of Little Rock Defendants further stated that Plaintiffs failed to state how the ordinance in question was discriminatory on its face and the mere fact that the City of Little Rock Defendants voted on the ordinance failed to demonstrate any constitutional or statutory violations. 

The remaining four named Defendants, including the Pulaski County election commission and jointly referred to as the Pulaski County Defendants, also filed their Motion to Dismiss Plaintiffs’ Complaint on August 13, 2007. In their Motion, the Pulaski County Defendants claimed that Plaintiffs failed to state a claim against the Pulaski County Defendants upon which relief can be granted. They claimed that Plaintiffs only named them because they had oversight in and were carrying out the execution of the special election related to the Ordinance at issue. The Pulaski County Defendants stated that since the Complaint contained no other allegations pertaining to the Pulaski County Defendants and that since the Court declined to issue an injunction, the Pulaski County Defendants’ participation in this action was moot, and they should be dismissed from the Complaint. 

Later that year, on August 24, the City of Little Rock Defendants filed a response in support of the Pulaski County Defendants’ Motion to Dismiss. They asserted the Pulaski County Defendants did nothing more than set up the voting machines, provide places for the vote, and certify the election results. 

The same month, on August 29, the remaining three Defendants, which included the State of Arkansas and were jointly referred to as the State of Arkansas Defendants, filed a motion to dismiss claiming that Plaintiffs’ Complaint should be dismissed in its entirety because (1) Plaintiffs’ § 1983 claims against the State of Arkansas and the Office of the Governor of Arkansas were barred by the Eleventh Amendment; (2) Plaintiffs’ claims, if any, against the Governor in his individual capacity are barred by qualified immunity; (3) Plaintiffs failed to assert facts demonstrating that the Acts referred to in their Complaint were unconstitutionally vague and Plaintiffs did not have standing to assert this claim; (4) Plaintiffs failed to plead specific facts alleging that the Governor or any of the State of Arkansas Defendants violated any of Plaintiffs’ federal rights; (5) Plaintiffs failed to allege that they had standing to pursue their claims; (6) (a) the Governor was not a proper party under the Voting Rights Act; (b) the Voting Rights Act does not provide the relief that Plaintiffs sought (reapportioning the power granted to the Mayor by the electors); and (c) Plaintiffs had not pled facts that would satisfy the three Gingles preconditions to a claim under § 2 of the Voting Rights Act; and (7) Plaintiffs failed to assert facts that create the inference of discriminatory intent on the part of the State or its officials in enacting or maintaining the existing electoral system.

Plaintiffs failed to file a response to any of the motions to dismiss. Therefore, on August 30, 2007, the Court dismissed this case without prejudice. It noted that should Plaintiffs refile their case, they would need to address all of the points in all of the named Defendants’ respective motions. 

On August 31, 2007, Plaintiffs moved to set aside the dismissal and filed an Amended Complaint. This Amended Complaint was substantially the same as their first Complaint. The only change was the specification of the Plaintiffs who represent the class and the addition of it being a class action lawsuit. 

The next month, on September 10, the State of Arkansas Defendants filed a Motion to Strike Plaintiffs’ Amended Complaint. In their motion, the State of Arkansas Defendants claimed that Plaintiffs’ Amended Complaint should be stricken because Plaintiffs failed to seek and obtain leave of the Court to file an amended complaint. Additionally, the State of Arkansas Defendants claimed that Plaintiffs’ Amended Complaint added nothing to Plaintiffs’ substantive claims and failed to make sufficient allegations to entitle them to class status.

A few days later, on September 13, the Court dismissed Plaintiffs’ Amended Complaint, stating that Plaintiffs failed to allege facts sufficient to establish standing to bring the case, and denied all pending motions as moot. In its Order, the Court stated that Plaintiffs had not pled sufficient facts of a concrete and particularized harm but had pled general grievances concerning alleged misconduct at City Hall. As such, Plaintiffs did not have standing to invoke the power of the federal courts to correct this alleged harm. 2007 WL 2710096.

On October 12, 2007, Plaintiffs filed a notice of appeal with the United States Court of Appeals for the Eighth Circuit (Docket 07-3413). Plaintiffs moved to stay the case while they appealed, but the Court denied the motion later that month, on October 25. 

Two years later, on July 27, 2009, the Eighth Circuit affirmed the lower court’s decision based on Plaintiffs' lack of standing. 329 Fed.Appx. 693. The case is now closed.

Summary Authors

Stephanie Robin (11/28/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5245387/parties/winstead-v-stodola/


Judge(s)
Attorney for Plaintiff

Alexander, John (Arkansas)

Bridges, Kathryn N. (Arkansas)

Attorney for Defendant

Austin, LaTonya Laird (Arkansas)

Bell, Patricia V. (Arkansas)

Betton, Alexander J. (Arkansas)

show all people

Documents in the Clearinghouse

Document
3

4:07-cv-00682

Motion and Integrated Brief for Immediate Injunctive Relief Per Rule 65 FRCVP

Winstead V. Stodola

Aug. 9, 2007

Aug. 9, 2007

Pleading / Motion / Brief
1

4:07-cv-00682

Complaint

Winstead V. Stodola

Aug. 9, 2007

Aug. 9, 2007

Complaint
26

4:07-cv-00682

Motion to Dismiss Pulaski County Defendants

Winstead V. Stodola

Aug. 13, 2007

Aug. 13, 2007

Pleading / Motion / Brief
20

4:07-cv-00682

Response of the City Defendants to Motion for Injunctive Relief

Winstead V. Stodola

Aug. 13, 2007

Aug. 13, 2007

Pleading / Motion / Brief
18

4:07-cv-00682

Motion to Dismiss City of Little Rock Defendants

Winstead V. Stodola

Aug. 13, 2007

Aug. 13, 2007

Pleading / Motion / Brief
19

4:07-cv-00682

Memorandum Brief in Support of Motion to Dismiss City of Little Rock Defendants

Winstead V. Stodola

Aug. 13, 2007

Aug. 13, 2007

Pleading / Motion / Brief
27

4:07-cv-00682

Response of the City Defendants to the Motion of Dismissal for Pulaski County, Kent Walker, Martha McCaskill, Ozell Snider & Susan Inman

Winstead V. Stodola

Aug. 24, 2007

Aug. 24, 2007

Pleading / Motion / Brief
30

4:07-cv-00682

Brief in Support of Motion to Dismiss by Separate State Defendants

Winstead V. Stodola

Aug. 29, 2007

Aug. 29, 2007

Pleading / Motion / Brief
29

4:07-cv-00682

Motion to Dismiss by Separate State Defendants

Winstead V. Stodola

Aug. 29, 2007

Aug. 29, 2007

Pleading / Motion / Brief
31

4:07-cv-00682

Order

Winstead V. Stodola

Aug. 30, 2007

Aug. 30, 2007

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5245387/winstead-v-stodola/

Last updated March 17, 2024, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Nicole Winstead, Stephan Pettus, Aretha Ward, Leta Anthony & R S McCullough against all defendants; Summonses issued and returned to attorney; Filing fee of $350.00 paid; Receipt #LIT007280. (kjp) (Entered: 08/10/2007)

Aug. 9, 2007

Aug. 9, 2007

Clearinghouse
2

MEMO TO FILE regarding service (kjp) (Entered: 08/10/2007)

Aug. 9, 2007

Aug. 9, 2007

PACER
3

MOTION and Integrated Brief for Immediate Injunctive Relief Per Rule 65 FRCVP filed by R S McCullough, Nicole Winstead, Stephan Pettus, Aretha Ward & Leta Anthony (kjp) (Entered: 08/10/2007)

Aug. 9, 2007

Aug. 9, 2007

Clearinghouse
4

ORDER REASSIGNING CASE to Judge J. Leon Holmes for all further proceedings. Judge Susan Webber Wright no longer assigned to case. (bfw) (Entered: 08/10/2007)

Aug. 10, 2007

Aug. 10, 2007

PACER
6

ORDER Setting Hearing on Motion 3 for Temporary Restraining Order: Motion Hearing set for 8/13/2007 10:00 AM in Little Rock Courtroom #372 before Chief Judge J. Leon Holmes; pltfs' counsel is directed to immediately serve a copy of this Order on counsel for defts in this matter. Signed by Judge J. Leon Holmes on 8/10/07. (vjt) (Entered: 08/10/2007)

Aug. 10, 2007

Aug. 10, 2007

PACER
8

MOTION for Recusal of Judge Holmes by R S McCullough. (vjt) (Modified entry on 8/10/2007 to attach original document that replaces fax copy) (bfw). (Entered: 08/10/2007)

Aug. 10, 2007

Aug. 10, 2007

PACER
9

BRIEF IN SUPPORT filed by R S McCullough re 8 Motion for Recusal. (vjt) (Modified entry on 8/10/2007 to attach original document that replaces fax copy) (bfw). (Entered: 08/10/2007)

Aug. 10, 2007

Aug. 10, 2007

PACER
10

Order granting McCullough's motion 8 for recusal; the hearing previously scheduled for 8/13/07 is cancelled. Signed by Judge J. Leon Holmes on 8/10/07. (vjt) (Entered: 08/10/2007)

Aug. 10, 2007

Aug. 10, 2007

PACER
12

ORDER REASSIGNING CASE to Judge William R. Wilson Jr. for all further proceedings. Judge J. Leon Holmes no longer assigned to case. (bfw) (Entered: 08/10/2007)

Aug. 10, 2007

Aug. 10, 2007

PACER

NOTICE OF DOCKET CORRECTION: 8 MOTION for Recusal; 9 Brief in Support - (entries modified to attach original documents that replaces the fax copies) (bfw)

Aug. 10, 2007

Aug. 10, 2007

PACER
14

Letter to attorneys Hicks and McCullough from Judge Wm. R. Wilson, Jr. regarding scheduling of a Hearing. (mkf) (Entered: 08/10/2007)

Aug. 10, 2007

Aug. 10, 2007

PACER
16

NOTICE of Appearance by Scott Paris Richardson on behalf of Mike Beebe, Arkansas, State of (Richardson, Scott) (Entered: 08/10/2007)

Aug. 10, 2007

Aug. 10, 2007

PACER
17

NOTICE of Appearance by Thomas M. Carpenter on behalf of Mark Stodola, Tom Carpenter, Little Rock, City of, Stacy Hurst, Brad Cazort, Michael Keck, Doris Wright, Dean Kumpuris, Gene Fortson (Carpenter, Thomas) (Entered: 08/13/2007)

Aug. 13, 2007

Aug. 13, 2007

PACER
18

MOTION to Dismiss by Mark Stodola, Tom Carpenter, Little Rock, City of, Stacy Hurst, Brad Cazort, Michael Keck, Doris Wright, Dean Kumpuris, Gene Fortson (Carpenter, Thomas) (Entered: 08/13/2007)

Aug. 13, 2007

Aug. 13, 2007

Clearinghouse
19

BRIEF IN SUPPORT filed by Mark Stodola, Tom Carpenter, Little Rock, City of, Stacy Hurst, Brad Cazort, Michael Keck, Doris Wright, Dean Kumpuris, Gene Fortson re 18 Motion to Dismiss (Carpenter, Thomas) (Entered: 08/13/2007)

Aug. 13, 2007

Aug. 13, 2007

Clearinghouse
20

RESPONSE to Motion re 3 MOTION for Temporary Restraining Order filed by Mark Stodola, Tom Carpenter, Little Rock, City of, Stacy Hurst, Brad Cazort, Michael Keck, Doris Wright, Dean Kumpuris, Gene Fortson. (Carpenter, Thomas) (Entered: 08/13/2007)

Aug. 13, 2007

Aug. 13, 2007

Clearinghouse
21

NOTICE of Appearance by William C. Mann, III on behalf of Mark Stodola, Tom Carpenter, Little Rock, City of, Stacy Hurst, Brad Cazort, Michael Keck, Doris Wright, Dean Kumpuris, Gene Fortson (Mann, William) (Entered: 08/13/2007)

Aug. 13, 2007

Aug. 13, 2007

PACER
22

NOTICE of Hearing filed by Plaintiffs. (thd) (Entered: 08/13/2007)

Aug. 13, 2007

Aug. 13, 2007

PACER
23

Proceedings held before Judge William R. Wilson Jr: Motion Hearing held on 8/13/2007 re: Motion for Temporary Restraining Order filed by pltfs; Motion DENIED; Pltfs Brief due by 8/27/2007; Defts Response due by 9/5/2007; Hearing reset for 9/26/2007 at 1:30 p.m.; Appearance made by Attorneys Karla Moore Burnett and Amanda Mankin Mitchell for defts, Kent Walker, Martha McCaskill, Ozell Snider and Susan Inman. (Court Reporter C. Newburg.) (maj) (Entered: 08/13/2007)

Aug. 13, 2007

Aug. 13, 2007

Clearinghouse
24

NOTICE of Hearing: Motion Hearing set for 9/26/2007 at 1:30 PM in Little Rock Courtroom #4C before Judge William R. Wilson Jr. (maj) (Entered: 08/13/2007)

Aug. 13, 2007

Aug. 13, 2007

PACER
26

MOTION to Dismiss Pulaski county Defendants (Kent Walker, Martha McCaskill, Ozell Snider and Susan Inman) by Susan Inman (Burnett, Karla) (Entered: 08/13/2007)

Aug. 13, 2007

Aug. 13, 2007

Clearinghouse
27

RESPONSE to Motion re 26 MOTION to Dismiss Pulaski county Defendants (Kent Walker, Martha McCaskill, Ozell Snider and Susan Inman) filed by Mark Stodola, Tom Carpenter, Little Rock, City of, Stacy Hurst, Brad Cazort, Michael Keck, Doris Wright, Dean Kumpuris. (Carpenter, Thomas) (Entered: 08/24/2007)

Aug. 24, 2007

Aug. 24, 2007

Clearinghouse
28

REPLY to (unfiled) Request For Extension, by R S McCullough. (mkf) (Entered: 08/28/2007)

Aug. 28, 2007

Aug. 28, 2007

PACER
29

MOTION to Dismiss of Separate State Defendants by Mike Beebe, Arkansas, State of (Attachments: # 1 Exhibit A Act 689 of 2007# 2 Exhibit B Act 729 of 2007)(Richardson, Scott) (Entered: 08/29/2007)

1 Exhibit A Act 689 of 2007

View on RECAP

2 Exhibit B Act 729 of 2007

View on RECAP

Aug. 29, 2007

Aug. 29, 2007

Clearinghouse
30

BRIEF IN SUPPORT filed by Mike Beebe, Arkansas, State of re 29 Motion to Dismiss of Separate State Defendants (Richardson, Scott) (Entered: 08/29/2007)

Aug. 29, 2007

Aug. 29, 2007

Clearinghouse
31

ORDER DISMISSING CASE WITHOUT PREJUDICE. Signed by Judge William R. Wilson Jr. on 8/30/07. (mkf) (Entered: 08/30/2007)

Aug. 30, 2007

Aug. 30, 2007

Clearinghouse
33

MOTION to Set Aside August 30, 2007 Order by R S McCullough, Nicole Winstead, Stephan Pettus, Aretha Ward, Leta Anthony. (mkf) (Entered: 08/31/2007)

Aug. 31, 2007

Aug. 31, 2007

PACER
34

MOTION to Correct 23 Clerk's Minutes re Order on Motion for TRO, by R S McCullough, Nicole Winstead, Stephan Pettus, Aretha Ward, Leta Anthony. (mkf) (Entered: 08/31/2007)

Aug. 31, 2007

Aug. 31, 2007

PACER
35

MOTION To Accept certain pleadings or pretrial motions and briefs filed in this matter by R S McCullough, Nicole Winstead, Stephan Pettus, Aretha Ward, Leta Anthony. (mkf) (Entered: 08/31/2007)

Aug. 31, 2007

Aug. 31, 2007

PACER
36

BRIEF Per The Court's Directive filed by R S McCullough, Nicole Winstead, Stephan Pettus, Aretha Ward, Leta Anthony.(mkf) (Entered: 08/31/2007)

Aug. 31, 2007

Aug. 31, 2007

PACER
37

RESERVATION of Right by R S McCullough, Nicole Winstead, Stephan Pettus, Aretha Ward, Leta Anthony. (mkf) (Entered: 08/31/2007)

Aug. 31, 2007

Aug. 31, 2007

PACER
38

MOTION to Disqualify Carpenter by R S McCullough, Nicole Winstead, Stephan Pettus, Aretha Ward, Leta Anthony. (mkf) (Entered: 08/31/2007)

Aug. 31, 2007

Aug. 31, 2007

PACER
39

BRIEF IN SUPPORT filed by R S McCullough, Nicole Winstead, Stephan Pettus, Aretha Ward, Leta Anthony re 38 Motion to Disqualify Carpenter. (mkf) (Entered: 08/31/2007)

Aug. 31, 2007

Aug. 31, 2007

PACER
40

Letter to the Court from R S McCullough, Pro Se Plaintiff. (mkf) (Entered: 08/31/2007)

Aug. 31, 2007

Aug. 31, 2007

PACER
41

AMENDED COMPLAINT-Class Action against all defendants, filed by R S McCullough, Nicole Winstead, Stephan Pettus, Aretha Ward, Leta Anthony.(mkf) (Entered: 08/31/2007)

Aug. 31, 2007

Aug. 31, 2007

Clearinghouse
42

Letter to Defendants' Counsel from Judge Wm. R. Wilson, Jr. setting a ddl of 2 p.m., Monday, September 10, 2007 for responses w/briefs to Plaintiffs' various motions filed 8/31/07. (mkf) (Entered: 08/31/2007)

Aug. 31, 2007

Aug. 31, 2007

PACER
43

RESPONSE to Motion re 34 MOTION to Amend/Correct 23 Order on Motion for TRO,, Motion Hearing,, Add and Terminate Attorneys, filed by Mark Stodola, Tom Carpenter, Little Rock, City of, Stacy Hurst, Brad Cazort, Michael Keck, Doris Wright, Dean Kumpuris. (Carpenter, Thomas) (Entered: 09/04/2007)

Sept. 4, 2007

Sept. 4, 2007

PACER
44

Summons Issued as to Little Rock, City of by serving Bruce Moore, City Manager. (plm) (Entered: 09/06/2007)

Sept. 6, 2007

Sept. 6, 2007

PACER
45

RESPONSE in Opposition re 35 MOTION for Order to accept certain pleading or pretrial motions filed by Kent Walker. (Burnett, Karla) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

PACER
46

RESPONSE to Motion re 34 MOTION to Amend/Correct 23 Order on Motion for TRO,, Motion Hearing,, Add and Terminate Attorneys, to correct clerk's minutes filed by Kent Walker. (Burnett, Karla) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

PACER
47

RESPONSE in Opposition re 35 MOTION for Order, 33 MOTION to Set Aside Order filed by Mike Beebe, Arkansas, State of. (Richardson, Scott) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

PACER
48

RESPONSE in Opposition re 34 MOTION to Amend/Correct 23 Order on Motion for TRO,, Motion Hearing,, Add and Terminate Attorneys, filed by Mike Beebe, Arkansas, State of. (Richardson, Scott) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

PACER
49

MOTION to Strike 41 Amended Complaint by Mike Beebe, Arkansas, State of (Richardson, Scott) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

Clearinghouse
50

BRIEF IN SUPPORT filed by Mike Beebe, Arkansas, State of re 49 Motion to Strike Amended Complaint (Richardson, Scott) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

Clearinghouse
51

BRIEF IN OPPOSITION filed by Kent Walker re 36 Brief (non-appeal) (Burnett, Karla) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

Clearinghouse
52

BRIEF IN OPPOSITION filed by Kent Walker re 37 Notice (Other) (Burnett, Karla) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

PACER
53

RESPONSE to Motion re 38 MOTION to Disqualify Carpenter filed by Mark Stodola, Tom Carpenter, Little Rock, City of, Stacy Hurst, Brad Cazort, Michael Keck, Doris Wright, Dean Kumpuris. (Carpenter, Thomas) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

PACER
54

BRIEF IN SUPPORT filed by Mark Stodola, Tom Carpenter, Little Rock, City of, Stacy Hurst, Brad Cazort, Michael Keck, Doris Wright, Dean Kumpuris re 53 Response to Motion (Carpenter, Thomas) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

PACER
55

RESPONSE re 37 Notice (Other) by Mark Stodola, Tom Carpenter, Little Rock, City of, Stacy Hurst, Brad Cazort, Michael Keck, Doris Wright, Dean Kumpuris (Carpenter, Thomas) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

PACER
56

BRIEF IN SUPPORT filed by Mark Stodola, Tom Carpenter, Little Rock, City of, Stacy Hurst, Brad Cazort, Michael Keck, Doris Wright, Dean Kumpuris re 55 Response (Non Motion) (Carpenter, Thomas) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

PACER
57

RESPONSE to Motion re 33 MOTION to Set Aside Order filed by Mark Stodola, Tom Carpenter, Little Rock, City of, Stacy Hurst, Brad Cazort, Michael Keck, Doris Wright, Dean Kumpuris. (Carpenter, Thomas) (Entered: 09/11/2007)

Sept. 11, 2007

Sept. 11, 2007

PACER
58

BRIEF IN SUPPORT filed by Mark Stodola, Tom Carpenter, Little Rock, City of, Stacy Hurst, Brad Cazort, Michael Keck, Doris Wright, Dean Kumpuris re 57 Response to Motion (Carpenter, Thomas) (Entered: 09/11/2007)

Sept. 11, 2007

Sept. 11, 2007

PACER
59

RESPONSE to Motion re 35 MOTION for Order filed by Mark Stodola, Tom Carpenter, Little Rock, City of, Stacy Hurst, Brad Cazort, Michael Keck, Doris Wright, Dean Kumpuris. (Carpenter, Thomas) (Entered: 09/11/2007)

Sept. 11, 2007

Sept. 11, 2007

PACER
60

BRIEF IN SUPPORT filed by Mark Stodola, Tom Carpenter, Little Rock, City of, Stacy Hurst, Brad Cazort, Michael Keck, Doris Wright, Dean Kumpuris re 59 Response to Motion (Carpenter, Thomas) (Entered: 09/11/2007)

Sept. 11, 2007

Sept. 11, 2007

PACER
61

BRIEF IN SUPPORT filed by Mark Stodola, Tom Carpenter, Little Rock, City of, Stacy Hurst, Brad Cazort, Michael Keck, Doris Wright, Dean Kumpuris re 42 Letter (Carpenter, Thomas) (Entered: 09/11/2007)

Sept. 11, 2007

Sept. 11, 2007

PACER
62

MOTION And Integrated Brief to Shorten Time by R S McCullough. (mkf) (Entered: 09/13/2007)

Sept. 13, 2007

Sept. 13, 2007

PACER
63

MOTION to Strike 62 MOTION to Shorten Time by Mark Stodola, Tom Carpenter, Little Rock, City of, Stacy Hurst, Brad Cazort, Michael Keck, Doris Wright, Dean Kumpuris (Carpenter, Thomas) (Entered: 09/13/2007)

Sept. 13, 2007

Sept. 13, 2007

PACER
64

BRIEF IN SUPPORT filed by Mark Stodola, Tom Carpenter, Little Rock, City of, Stacy Hurst, Brad Cazort, Michael Keck, Doris Wright, Dean Kumpuris re 63 Motion to Strike (Carpenter, Thomas) (Entered: 09/13/2007)

Sept. 13, 2007

Sept. 13, 2007

PACER
65

ORDER denying as moot 35 MOTION for Order; 33 MOTION to Set Aside Order ; 34 MOTION to Amend/Correct 23 Order on Motion for TRO; and 38 MOTION to Disqualify; case remains DISMISSED. Signed by Judge William R. Wilson Jr. on 9/13/07. (mkf) (Entered: 09/13/2007)

Sept. 13, 2007

Sept. 13, 2007

Clearinghouse
67

NOTICE OF APPEAL as to 65 Order, 31 Order Dismissing Case, 23 Order on Motion for TRO, by R S McCullough, Nicole Winstead, Stephan Pettus, Aretha Ward, Leta Anthony. Filing fee $ 455, receipt number LIT008306. (dac) (Entered: 10/16/2007)

Oct. 12, 2007

Oct. 12, 2007

Clearinghouse
68

NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to 67 Notice of Appeal, 65 Order, 31 Order Dismissing Case.( NOTIFICATION TO COUNSEL: REQUEST FOR TRANSCRIPTS SHOULD BE FILED WITH THE DISTRICT COURT CLERK. FORM A & B SHOULD BE SUBMITTED TO EIGHTH CIRCUIT COURT OF APPEALS CLERK'S OFFICE). (dac) (Entered: 10/16/2007)

Oct. 16, 2007

Oct. 16, 2007

PACER

*** COA BATCH RECEIPT of Notice of Appeal and related supporting documents sent on: Tue Oct 16 12:58:10 CDT 2007 (COA1, )

Oct. 16, 2007

Oct. 16, 2007

PACER
69

USCA Docketing Letter as to 67 Notice of Appeal filed by R S McCullough, Stephan Pettus, Aretha Ward, Leta Anthony, Nicole Winstead. USCA Case Number 07-3413 (dac) (Entered: 10/23/2007)

Oct. 23, 2007

Oct. 23, 2007

Clearinghouse
70

MOTION to Stay this matter pending appeal by plaintiffs. (bkp) (Entered: 10/24/2007)

Oct. 23, 2007

Oct. 23, 2007

Clearinghouse
71

BRIEF IN SUPPORT filed re 70 Motion to Stay (bkp) (Entered: 10/24/2007)

Oct. 23, 2007

Oct. 23, 2007

Clearinghouse
72

ORDER denying 70 Motion to Stay. Signed by Judge William R. Wilson Jr. on 10/25/07. (mkf) (Entered: 10/25/2007)

Oct. 25, 2007

Oct. 25, 2007

Clearinghouse
74

TRANSCRIPT REQUEST by R S McCullough, Nicole Winstead, Stephan Pettus, Aretha Ward, Leta Anthony for proceedings held on 8/13/07 before Judge William R Wilson, Jr, re 67 Notice of Appeal (dac) (Entered: 11/06/2007)

Nov. 5, 2007

Nov. 5, 2007

PACER
75

TRANSCRIPT filed for date of 8/13/07 TRO Hearing before Judge William R Wilson, Jr, re 67 Notice of Appeal Court Reporter: Christa R Newburg. (dac) (Entered: 11/29/2007)

Nov. 29, 2007

Nov. 29, 2007

PACER
76

Transmitted Record on Appeal to US Court of Appeals: transcript of 8/13/07 hearing re 67 Notice of Appeal (dac) (Entered: 11/29/2007)

Nov. 29, 2007

Nov. 29, 2007

Clearinghouse
77

ORDER of USCA, the Clerk of the originating court is requested to forward the original file to this court, together with any exhibits and documents filed under seal as to 67 Notice of Appeal filed by R S McCullough, Stephan Pettus, Aretha Ward, Leta Anthony, Nicole Winstead (dac) (Entered: 04/28/2008)

April 28, 2008

April 28, 2008

Clearinghouse
78

Transmitted Record on Appeal to US Court of Appeals: One volume original file re 67 Notice of Appeal (dac) (Entered: 04/29/2008)

April 29, 2008

April 29, 2008

PACER
79

OPINION of USCA as to 67 Notice of Appeal filed by R S McCullough, Stephan Pettus, Aretha Ward, Leta Anthony, Nicole Winstead (dac) (Entered: 07/27/2009)

July 27, 2009

July 27, 2009

Clearinghouse
80

USCA JUDGMENT as to 67 Notice of Appeal filed by R S McCullough, Stephan Pettus, Aretha Ward, Leta Anthony, Nicole Winstead. Judgment of the district court is affirmed in accordance with the opinion of this Court (dac) (Entered: 07/27/2009)

July 27, 2009

July 27, 2009

Clearinghouse
81

MANDATE of USCA In accordance with the opinion and judgment of 07/27/2009, as to 67 Notice of Appeal filed by R S McCullough, Stephan Pettus, Aretha Ward, Leta Anthony, Nicole Winstead (dac) (Entered: 08/24/2009)

Aug. 24, 2009

Aug. 24, 2009

Clearinghouse
81

MANDATE of USCA In accordance with the opinion and judgment of 07/27/2009, as to 67 Notice of Appeal filed by R S McCullough, Stephan Pettus, Aretha Ward, Leta Anthony, Nicole Winstead (dac) (Entered: 08/24/2009)

Aug. 24, 2009

Aug. 24, 2009

Clearinghouse

Appeal Remark re 67 Notice of Appeal : original file and transcript remain in USCA8 (dac)

Aug. 24, 2009

Aug. 24, 2009

PACER

Appeal Remark re 67 Notice of Appeal : original file and transcript remain in USCA8 (dac)

Aug. 24, 2009

Aug. 24, 2009

PACER
82

Appeal Record Returned: one volume original file and transcript (dac) (Entered: 09/09/2009)

Sept. 9, 2009

Sept. 9, 2009

Clearinghouse

Case Details

State / Territory: Arkansas

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: Aug. 9, 2007

Closing Date: Aug. 24, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Five people on behalf of a proposed class of black and minority voters in the City of Little Rock, Arkansas.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Mayor of Little Rock (Little Rock, Pulaski), City

City Attorney for Little Rock (Little Rock, Pulaski), City

County Election Commissioners of Pulaski County (Pulaski), County

City Directors for Little Rock (Little Rock, Pulaski), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

State law

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Fifteenth Amendment

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

Voting:

Election administration

Vote decision rules

Vote dilution