Case: Swann v. Handel

1:09-cv-02674 | U.S. District Court for the Northern District of Georgia

Filed Date: Sept. 29, 2009

Closed Date: April 25, 2012

Clearinghouse coding complete

Case Summary

On September 29, 2009, two former inmates of the DeKalb County jail in Georgia sued the Secretary of State for the State of Georgia, the DeKalb County Board of Registrations and Elections, the Director of Voter Registration and Elections for DeKalb County, and the Chief Deputy Sheriff for DeKalb County for failing to mail them absentee ballots at the jail. The plaintiffs alleged that the defendants' interpretation of a Georgia statute governing absentee ballots as prohibiting election officials…

On September 29, 2009, two former inmates of the DeKalb County jail in Georgia sued the Secretary of State for the State of Georgia, the DeKalb County Board of Registrations and Elections, the Director of Voter Registration and Elections for DeKalb County, and the Chief Deputy Sheriff for DeKalb County for failing to mail them absentee ballots at the jail. The plaintiffs alleged that the defendants' interpretation of a Georgia statute governing absentee ballots as prohibiting election officials from sending absentee ballots to people who are incarcerated in the same county as their residence violated the Equal Protection Clause of the Fourteenth Amendment. Further, the plaintiffs alleged that the failure by the Chief Deputy Sheriff and the Director of Voter Registration and Elections to inform them that they would not be receiving absentee ballots at the jail deprived them of their right to vote in the November 4, 2008, general election in violation of the Due Process Clause of the Fourteenth Amendment. The complaint requested declaratory and injunctive relief, nominal damages, and attorney's fees.

One of the plaintiffs was dismissed for a failure to comply with a lawful order of the court. The remaining plaintiff was incarcerated from September through December 2008 for a misdemeanor conviction. The plaintiff was qualified to vote during that time. One of the defendants, the Chief Deputy Sheriff for DeKalb County, distributed absentee ballot applications to inmates who were eligible to vote. The application included fields for both the applicant's registered address and an optional alternate mailing address. On his application, the plaintiff listed his home address as his registered address but did not list an alternate mailing address.

In advance of the November 2008 election, the Director of Voter Registration and Elections notified the Chief Deputy Sheriff that under Georgia law absentee ballots may only be mailed to either the home address or an out of county address for non-disabled voters. Therefore, the Director of Voter Registration and Elections and the Chief Deputy Sheriff agreed that the election office would mail the absentee ballots to the inmates' registered addresses and family members could drop off the absentee ballots at the jail in a designated drop box. Although the elections office's records indicated the plaintiff's absentee ballot was mailed to his home address, the plaintiff never received his ballot and was unable to vote in the election.

After the plaintiff and the defendants filed motions for summary judgment the U.S. District Court for the Northern District of Georgia granted summary judgment in favor of the officials. District Judge Thomas W. Thrash, Jr. concluded that the defendant's equal protection claim failed because he was not treated differently than similarly situated individuals. Judge Thrash also concluded that the plaintiff's Due Process rights were not violated because the plaintiff's absentee ballot request was approved and his ballot was mailed to the address listed on the plaintiff's application. Thus, the court did not need to consider the constitutional sufficiency of the drop box the jail set up for inmates who requested that their ballots be delivered to the jail.

The plaintiff appealed to the U.S. Court of Appeals for the Eleventh Circuit (10-14901). On February 2 2012, writing for the appellate court, Circuit Judge William H. Pryor, Jr. concluded that the plaintiff did not have standing. Therefore, the Eleventh Circuit did not reach the merits of the case. The appellate court reasoned that the plaintiff's non-receipt of his absentee ballot was not fairly traceable to the action of the defendants because by failing to list the address of the jail on his application the plaintiff independently caused his alleged injury. Given that the plaintiff did not have standing to sue the defendants, the appellate court held that the district court erred by granting summary judgment and ordered the district court's judgment vacated and the case remanded to the district court with instructions to dismiss for lack of subject matter jurisdiction. On remand, the district court dismissed the case for lack of subject matter jurisdiction.

Summary Authors

John Hood (5/19/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4988941/parties/swann-v-handel/


Judge(s)
Attorney for Plaintiff

Abudu, Nancy Gbana (Georgia)

Bradley, Neil T. (Georgia)

Jackson, Chara Fisher (Georgia)

McDonald, Laughlin

McDonald, Moffatt Laughlin (Georgia)

Attorney for Defendant

Documents in the Clearinghouse

Documents in this case
1

1:09-cv-02674

Complaint for Declaratory Relief, Injunctive Relief, and Nominal Monetary Damages

Sept. 29, 2009

Sept. 29, 2009

Complaint
57

1:09-cv-02674

Defendants' Motion for Summary Judgment

July 2, 2010

July 2, 2010

Pleading / Motion / Brief
80

1:09-cv-02674

Order

Oct. 18, 2010

Oct. 18, 2010

Order/Opinion

2010 WL 4117448

78

10-14901

Judgment

Swann v. Secretary, Georgia

U.S. Court of Appeals for the Eleventh Circuit

Feb. 2, 2012

Feb. 2, 2012

Order/Opinion

668 F.3d 1285

92

1:09-cv-02674

Judgment

Swann v. Secretary, Georgia

U.S. Court of Appeals for the Eleventh Circuit

March 5, 2012

March 5, 2012

Order/Opinion

668 F.3d 1285

Resources

Resources related to this case
Title Description External URL Date / External URL

ACLU Challenges Illegal Voter Disfranchisement In Georgia

ACLU of Georgia

ACLU press release about the case.

https://www.aclu.org/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4988941/swann-v-handel/

Last updated Sept. 5, 2026, 5:06 a.m.

Docket for: Swann v. Handel
ECF Number Date Description Link
1 Sept. 29, 2009

COMPLAINT with Jury Demand filed and summon(s) issued. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. ( Filing fee $ 350 receipt number 16708.), filed by Hassan Swann, David A. Hartfield. (Attachments: # 1 Summons, # 2 Civil Cover Sheet)(tcc) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 09/30/2009)

1 Summons

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2 Civil Cover Sheet

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Clearinghouse
2 Oct. 7, 2009

Return of Service Executed by Hassan Swann, David A. Hartfield. Maxine W. Daniels served on 10/7/2009, answer due 10/27/2009. (Abudu, Nancy) (Entered: 10/07/2009)

RECAP
3 Oct. 7, 2009

Return of Service Executed by Hassan Swann, David A. Hartfield. Karen Handel served on 10/7/2009, answer due 10/27/2009. (Abudu, Nancy) (Entered: 10/07/2009)

RECAP
4 Oct. 7, 2009

Return of Service Executed by Hassan Swann, David A. Hartfield. Jeffrey L. Mann served on 10/7/2009, answer due 10/27/2009. (Abudu, Nancy) (Entered: 10/07/2009)

RECAP
5 Oct. 7, 2009

Return of Service Executed by Hassan Swann, David A. Hartfield. The Dekalb County Board of Registrations and Elections served on 10/7/2009, answer due 10/27/2009. (Abudu, Nancy) (Entered: 10/07/2009)

RECAP
6 Oct. 7, 2009

Return of Service Executed by Hassan Swann, David A. Hartfield. Michael P. Coveny served on 10/7/2009, answer due 10/27/2009. (Abudu, Nancy) (Entered: 10/07/2009)

RECAP
7 Oct. 7, 2009

Return of Service Executed by Hassan Swann, David A. Hartfield. Catherine Gilliard served on 10/7/2009, answer due 10/27/2009. (Abudu, Nancy) (Entered: 10/07/2009)

RECAP
8 Oct. 7, 2009

Return of Service Executed by Hassan Swann, David A. Hartfield. Leona Perry served on 10/7/2009, answer due 10/27/2009. (Abudu, Nancy) (Entered: 10/07/2009)

RECAP
9 Oct. 7, 2009

Return of Service Executed by Hassan Swann, David A. Hartfield. Samuel E. Tillman served on 10/7/2009, answer due 10/27/2009. (Abudu, Nancy) (Entered: 10/07/2009)

RECAP
10 Oct. 7, 2009

Return of Service Executed by Hassan Swann, David A. Hartfield. Baoky N. Vu served on 10/7/2009, answer due 10/27/2009. (Abudu, Nancy) (Entered: 10/07/2009)

RECAP
11 Oct. 7, 2009

Return of Service Executed by Hassan Swann, David A. Hartfield. Linda Latimore served on 10/7/2009, answer due 10/27/2009. (Abudu, Nancy) (Entered: 10/07/2009)

RECAP
12 Oct. 27, 2009

Defenses and ANSWER to 1 COMPLAINT of Plaintiffs' by The Dekalb County Board of Registrations and Elections, Michael P. Coveny, Catherine Gilliard, Leona Perry, Samuel E. Tillman, Baoky N. Vu, Linda Latimore, Maxine W. Daniels. Discovery ends on 3/26/2010.(Raspberry, Brenda) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 10/27/2009)

RECAP
13 Oct. 27, 2009

Defenses and Special Appearance ANSWER to 1 COMPLAINT of Plaintiffs' by Jeffrey L. Mann.(Raspberry, Brenda) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 10/27/2009)

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14 Nov. 10, 2009

ANSWER to 1 COMPLAINT by Karen Handel.(Ritter, Stefan) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 11/10/2009)

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15 Dec. 16, 2009

ORDER re 1 Complaint filed September 29, 2009. Defendant's answer was filed 10/27/2009 and discovery is to expire on 3/26/2010. Counsel are hereby ORDERED to file the Certificate of Interested Persons and the Joint Preliminary Report and Discovery Plan within 10 days of entry of this Order or show cause why this case should not be dismissed pursuant to LR 41.3 Signed by Judge Thomas W. Thrash, Jr on 12/16/2009. (kt) (Entered: 12/16/2009)

RECAP
16 Dec. 17, 2009

CERTIFICATE OF SERVICE of Plaintiffs' Initial Disclosures by Hassan Swann, David A. Hartfield.(Abudu, Nancy) (Entered: 12/17/2009)

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17 Dec. 17, 2009

Certificate of Interested Persons by Hassan Swann, David A. Hartfield. (Abudu, Nancy) (Entered: 12/17/2009)

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18 Dec. 18, 2009

Joint PRELIMINARY REPORT AND DISCOVERY PLAN filed by Hassan Swann, David A. Hartfield. (Abudu, Nancy) (Entered: 12/18/2009)

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19 Dec. 18, 2009

Certificate of Interested Persons by Karen Handel. (Ritter, Stefan) (Entered: 12/18/2009)

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20 Dec. 18, 2009

Initial Disclosures by Karen Handel.(Ritter, Stefan) (Entered: 12/18/2009)

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Dec. 18, 2009

Clerks Notation re 17 Certificate of Interested Persons, OK per TWT. (ss)

21 Dec. 21, 2009

SCHEDULING ORDER approving 18 Preliminary Report and Discovery Plan; Discovery ends on 3/26/2010, Summary Judgment Motions due by 4/26/2010, Proposed Pretrial Order due by 4/26/2010. Signed by Judge Thomas W. Thrash, Jr on 12/21/09. (dr) (Entered: 12/21/2009)

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22 Dec. 22, 2009

Notice for Leave of Absence for the following date(s): 2/4-2/8/10; 3/12-3/19/10; 5/27-6/6/10; 6/30-7/7/10, by George Brian Spears. (Spears, George) (Entered: 12/22/2009)

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23 Dec. 23, 2009

Certificate of Interested Persons by The Dekalb County Board of Registrations and Elections, Michael P. Coveny, Catherine Gilliard, Leona Perry, Samuel E. Tillman, Baoky N. Vu, Linda Latimore, Maxine W. Daniels, Jeffrey L. Mann. (Raspberry, Brenda) (Entered: 12/23/2009)

RECAP
24 Dec. 23, 2009

Initial Disclosures by The Dekalb County Board of Registrations and Elections, Michael P. Coveny, Catherine Gilliard, Leona Perry, Samuel E. Tillman, Baoky N. Vu, Linda Latimore, Maxine W. Daniels, Jeffrey L. Mann.(Raspberry, Brenda) (Entered: 12/23/2009)

RECAP
Dec. 23, 2009

Clerks Notation re 19 Certificate of Interested Persons, OK per TWT. (ss)

Dec. 23, 2009

Clerks Notation re 22 Leave of Absence 2/4-2/8/10; 3/12-3/19/10; 5/27-6/6/10; 6/30-7/7/10, by George Brian Spears. The Court will not require an appearance by B. Spears on these dates. (ss)

Dec. 30, 2009

Clerks Notation re 23 Certificate of Interested Persons, OK per TWT. (ss)

25 Jan. 22, 2010

CERTIFICATE OF SERVICE by Hassan Swann, David A. Hartfield.(Abudu, Nancy) (Entered: 01/22/2010)

RECAP
26 Jan. 22, 2010

CERTIFICATE OF SERVICE by Hassan Swann, David A. Hartfield.(Abudu, Nancy) (Entered: 01/22/2010)

RECAP
27 Feb. 3, 2010

Request for Leave of Absence for the following date(s): 2/10/10, 2/11/10, 2/12/10, 2/15/10, 2/16/10, 2/17/10, 2/18/10, 2/19/10, 2/22/10, 2/23/10, 2/24/10, by Nancy Gbana Abudu. (Abudu, Nancy) (Entered: 02/03/2010)

RECAP
28 Feb. 3, 2010

Request for Leave of Absence for the following date(s): 2/10-23/10, by Nancy Gbana Abudu. (ss) (Entered: 02/03/2010)

RECAP
Feb. 3, 2010

Clerks Notation re 27 Leave of Absence 2/10-23/10, by Nancy Gbana Abudu. The Court will not require an appearance by N. Abudu on these dates. (ss)

29 Feb. 24, 2010

CERTIFICATE OF SERVICE Responses to Plaintiff's First Request for Production of Documents by Karen Handel, The Dekalb County Board of Registrations and Elections, Michael P. Coveny, Catherine Gilliard, Leona Perry, Samuel E. Tillman, Baoky N. Vu, Linda Latimore, Maxine W. Daniels, Jeffrey L. Mann.(Raspberry, Brenda) (Entered: 02/24/2010)

RECAP
30 Feb. 24, 2010

CERTIFICATE OF SERVICE Responses to Plaintiff's First Interrogatories by Karen Handel, The Dekalb County Board of Registrations and Elections, Michael P. Coveny, Catherine Gilliard, Leona Perry, Samuel E. Tillman, Baoky N. Vu, Linda Latimore, Maxine W. Daniels, Jeffrey L. Mann.(Raspberry, Brenda) (Entered: 02/24/2010)

RECAP
31 Feb. 24, 2010

CERTIFICATE OF SERVICE Of Defendants DeKalb County Board of Registration & Elections, Michael Coveny, Catherine Gilliard, Leona Perry, Samuel Tillman, Baoky Vu, Linda Latimore and Maxine Daniels' Responses and Objections to Plainitffs' First Requests for Production of Documents by The Dekalb County Board of Registrations and Elections, Michael P. Coveny, Catherine Gilliard, Leona Perry, Samuel E. Tillman, Baoky N. Vu, Linda Latimore, Maxine W. Daniels.(Raspberry, Brenda) (Entered: 02/24/2010)

RECAP
32 Feb. 24, 2010

CERTIFICATE OF SERVICE of Defendants Dekalb County Board of Registration and Elections, Michael Coveny, Catherine Gilliard, Leona Perry, Samuel Tillman, Baoky Vu, Linda Latimore and Maxine Daniels' Responses and Objections to Plainitiffs' First Set of Interrogatories by The Dekalb County Board of Registrations and Elections, Michael P. Coveny, Catherine Gilliard, Samuel E. Tillman, Baoky N. Vu, Linda Latimore, Maxine W. Daniels.(Raspberry, Brenda) (Entered: 02/24/2010)

RECAP
33 Feb. 24, 2010

CERTIFICATE OF SERVICE of Defendant Jeffrey Mann's Responses and Objections to Plaintiffs' First Requests for Production of Documents by Jeffrey L. Mann.(Raspberry, Brenda) (Entered: 02/24/2010)

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34 Feb. 24, 2010

CERTIFICATE OF SERVICE of Defendant Jeffrey L. Mann's Responses and Objections to Plaintiffs' First Set of Interrogatories by Jeffrey L. Mann.(Raspberry, Brenda) (Entered: 02/24/2010)

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35 March 3, 2010

CERTIFICATE OF SERVICE of Response to Plaintiffs' First Interrogatores and Request for Production of Documents by Karen Handel.(Anderson, Julia) (Entered: 03/03/2010)

RECAP
36 March 16, 2010

Consent MOTION for Extension of Time to Complete Discovery by American Civil Liberties Union of Georgia, Laughlin McDonald, Nancy G. Abadu, DeKalb County, Georgia, Karen Handel, The Dekalb County Board of Registrations and Elections, Michael P. Coveny, Catherine Gilliard, Leona Perry, Samuel E. Tillman, Hassan Swann, Baoky N. Vu, Linda Latimore, Maxine W. Daniels, Jeffrey L. Mann, David A. Hartfield. (Attachments: # 1 Text of Proposed Order)(Raspberry, Brenda) (Entered: 03/16/2010)

RECAP
37 March 17, 2010

CERTIFICATE OF SERVICE of Defendant Jeffrey L. Mann's First Supplemental Responses to Plaintiffs' First Requests for Production of Documents by Jeffrey L. Mann.(Raspberry, Brenda) (Entered: 03/17/2010)

RECAP
38 March 18, 2010

CERTIFICATE OF SERVICE of Notice of Deposition of Maxine Daniels by Hassan Swann, David A. Hartfield.(Abudu, Nancy) (Entered: 03/18/2010)

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39 March 18, 2010

CERTIFICATE OF SERVICE of Notice of Deposition of Dekalb County Board of Registrations and Elections by Hassan Swann, David A. Hartfield.(Abudu, Nancy) (Entered: 03/18/2010)

RECAP
40 March 18, 2010

CERTIFICATE OF SERVICE of Notice of Deposition of Jeffrey Mann by Hassan Swann, David A. Hartfield.(Abudu, Nancy) (Entered: 03/18/2010)

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41 March 23, 2010

ORDER granting 36 Motion for Extension of Time to Complete Discovery; Discovery ends on 5/3/2010. Signed by Judge Thomas W. Thrash, Jr on 3/23/10. (dr) (Entered: 03/24/2010)

RECAP
March 26, 2010

Set/Reset Scheduling Order Deadlines: Summary Judgment Motions due by 6/3/10. If no summary judgment motions filed the Proposed Pretrial Order due by 6/3/10. However, if a Motion for Summary Judgment is filed, the Proposed Consolidated Pretrial Order will be due within 30 days of the Court's ruling on the Motion for Summary Judgment. The Clerk is directed to submit this action on 6/4/10 if the parties have not filed a Motion for Summary Judgment or Proposed Pretrial Order. (ss)

42 April 2, 2010

Request for Leave of Absence for the following date(s): 06/07/2010; 06/08/2010; 06/09/2010; 06/10/2010; 06/11/12/2010; 06/12/2010; 06/13/2010; 06/14/2010; 06/15/2010; 06/16/2010; 06/17/2010; 06/18/2010, by Brenda Ann Raspberry. (Raspberry, Brenda) (Entered: 04/02/2010)

RECAP
April 6, 2010

Clerks Notation re 42 Leave of Absence 06/07-18/2010, by Brenda Ann Raspberry. The Court will not require an appearance by B. Raspberry on these dates. (ss)

43 April 9, 2010

NOTICE to Take Deposition of David Hartfield filed by The Dekalb County Board of Registrations and Elections, Linda Latimore, Maxine W. Daniels, Jeffrey L. Mann (Attachments: # 1 Exhibit Subpoena to Produce Documents)(Raspberry, Brenda) (Entered: 04/09/2010)

RECAP
44 April 9, 2010

NOTICE to Take Deposition of Hassan Swann filed by The Dekalb County Board of Registrations and Elections, Linda Latimore, Maxine W. Daniels, Jeffrey L. Mann (Attachments: # 1 Exhibit Subpoena to Produce Documents)(Raspberry, Brenda) (Entered: 04/09/2010)

RECAP
45 April 23, 2010

Amended NOTICE to Take Deposition of David Hartfield filed by The Dekalb County Board of Registrations and Elections, Linda Latimore, Maxine W. Daniels, Jeffrey L. Mann (Attachments: # 1 Exhibit Subpoena To Plaintiff David hartfield)(Raspberry, Brenda) (Entered: 04/23/2010)

RECAP
46 May 3, 2010

MOTION to Compel Deposition Testimony of Plaintiff David A. Hartfield, and In The Alternative, Motion For Sanctions with Brief In Support by The Dekalb County Board of Registrations and Elections, Michael P. Coveny, Catherine Gilliard, Leona Perry, Samuel E. Tillman, Baoky N. Vu, Linda Latimore, Maxine W. Daniels, Jeffrey L. Mann. (Attachments: # 1 Brief In Support of Motion to Compel and, In the Alternative, Motion for Sanctions, # 2 Exhibit Defendants' Rule 37 Certification, # 3 Affidavit Affidavit of Brenda A. Raspberry)(Raspberry, Brenda) (Entered: 05/03/2010)

RECAP
47 May 11, 2010

Joint MOTION for Extension of Time file summary judgment motions by Karen Handel, The Dekalb County Board of Registrations and Elections, Michael P. Coveny, Catherine Gilliard, Leona Perry, Samuel E. Tillman, Hassan Swann, Baoky N. Vu, Linda Latimore, Maxine W. Daniels, Jeffrey L. Mann, David A. Hartfield. (Attachments: # 1 Text of Proposed Order)(Abudu, Nancy) (Entered: 05/11/2010)

RECAP
48 May 12, 2010

MOTION to Stay the Deadline for Responding to the Motion to Compel by Hassan Swann, David A. Hartfield. (Attachments: # 1 Text of Proposed Order)(Abudu, Nancy) (Entered: 05/12/2010)

RECAP
49 May 12, 2010

Amended NOTICE to Take Deposition of David Hartfield filed by The Dekalb County Board of Registrations and Elections, Linda Latimore, Maxine W. Daniels, Jeffrey L. Mann (Attachments: # 1 Exhibit Subpoena for Plaintiff David Hartfield)(Raspberry, Brenda) (Entered: 05/12/2010)

RECAP
50 May 12, 2010

ORDER granting the Parties' 47 Joint Motion for Extension of Time to and including July 2, 2010 for Filing Motions for Summary Judgment. Signed by Judge Thomas W. Thrash, Jr. on 5/12/2010. (dfb) (Entered: 05/12/2010)

RECAP
51 May 13, 2010

ORDER granting 48 Motion to Stay Plaintiffs' response to Motion to Compel pending the 5/18/10 deposition of Plaintiff David Hartfield. Signed by Judge Thomas W. Thrash, Jr on 5/13/10. (dr) (Entered: 05/13/2010)

RECAP
52 May 21, 2010

MOTION to Withdraw Nancy Gbana Abudu as Attorneyby Laughlin McDonald, Nancy G. Abadu, Chara Jackson, Neil Bradley, Brian Spears. (Attachments: # 1 Affidavit, # 2 Exhibit a, # 3 Exhibit b, # 4 Exhibit c, # 5 Exhibit d, # 6 Exhibit e, # 7 Exhibit f, # 8 Exhibit g, # 9 Exhibit h, # 10 Exhibit i, # 11 Exhibit j)(Abudu, Nancy) (Entered: 05/21/2010)

RECAP
53 May 21, 2010

CERTIFICATE OF SERVICE re 52 MOTION to Withdraw Nancy Gbana Abudu as Attorney filed by Laughlin McDonald, Nancy G. Abadu, Chara Jackson, Neil Bradley, Brian Spears (Abudu, Nancy) (Entered: 05/21/2010)

RECAP
54 May 24, 2010

Request for Leave of Absence for the following date(s): 6/1/10, 6/2/10, 6/3/10, 6/4/10, by Nancy Gbana Abudu. (Abudu, Nancy) (Entered: 05/24/2010)

RECAP
55 May 25, 2010

ORDER granting 52 Motion to Withdraw Attorneys Chara Fisher Jackson, Moffatt Laughlin McDonald, George Brian Spears, Nancy Gbana Abudu and Neil T. Bradley; Plaintiff is directed to file a notice of substitute counsel or intention to proceed pro se within 14 days. Signed by Judge Thomas W. Thrash, Jr on 5/25/10. (dr) (Entered: 05/26/2010)

RECAP
May 25, 2010

Clerks Notation re 54 Leave of Absence 6/14/10, by Nancy Gbana Abudu. The Court will not require an appearance by N. Abudu on these dates. (ss)

May 26, 2010

Clerks Certificate of Mailing as to David A. Hartfield re 55 Order (dr)

June 25, 2010

Submission of 55 Order, submitted to District Judge Thomas W. Thrash. (dr)

56 July 1, 2010

MOTION for Summary Judgment with Brief In Support by Hassan Swann. (Attachments: # 1 Brief, # 2 Statement of Material Facts, # 3 Exhibit a, # 4 Exhibit b, # 5 Exhibit c, # 6 Exhibit d, # 7 Exhibit e, # 8 Exhibit f, # 9 Exhibit g, # 10 Exhibit h, # 11 Exhibit i part 1, # 12 Exhibit i part 2, # 13 Exhibit j, # 14 Exhibit k, # 15 Exhibit l, # 16 Exhibit m, # 17 Exhibit n, # 18 Exhibit o, # 19 Exhibit p, # 20 Exhibit q)(Abudu, Nancy) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 07/01/2010)

1 Brief

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2 Statement of Material Facts

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3 Exhibit a

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4 Exhibit b

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5 Exhibit c

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6 Exhibit d

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7 Exhibit e

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8 Exhibit f

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9 Exhibit g

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10 Exhibit h

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11 Exhibit i part 1

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12 Exhibit i part 2

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13 Exhibit j

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14 Exhibit k

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15 Exhibit l

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16 Exhibit m

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17 Exhibit n

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18 Exhibit o

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19 Exhibit p

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20 Exhibit q

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RECAP
57 July 2, 2010

MOTION for Summary Judgment with Brief In Support by The Dekalb County Board of Registrations and Elections, Michael P. Coveny, Catherine Gilliard, Leona Perry, Samuel E. Tillman, Baoky N. Vu, Linda Latimore, Maxine W. Daniels, Jeffrey L. Mann. (Attachments: # 1 Brief In Support of Motion, # 2 Statement of Material Facts)(Raspberry, Brenda) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 07/02/2010)

1 Brief In Support of Motion

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2 Statement of Material Facts

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Clearinghouse
58 July 2, 2010

NOTICE Of Filing by The Dekalb County Board of Registrations and Elections, Michael P. Coveny, Catherine Gilliard, Leona Perry, Samuel E. Tillman, Baoky N. Vu, Linda Latimore, Maxine W. Daniels, Jeffrey L. Mann (Attachments: # 1 Exhibit Excerpts of Deposition Transcript of David Hartfield, # 2 Exhibit Excerpts of Deposition Transcript of Jeffrey L. Mann, # 3 Exhibit Excerpts of Deposition Transcript of Helen Maxine Daniels, # 4 Exhibit Excerpts of Deposition Transcript of Hassan Swann)(Raspberry, Brenda) (Entered: 07/02/2010)

RECAP
59 July 2, 2010

DOCUMENT FILED IN ERROR - MOTION for Summary Judgment with Brief In Support by Karen Handel. (Attachments: # 1 Statement of Material Facts, # 2 Brief, # 3 Exhibit SOS's Response to Plaintiff's discovery)(Ritter, Stefan) Modified on 7/6/2010 (dr). (Entered: 07/02/2010)

RECAP
60 July 2, 2010

MOTION for Summary Judgment, or MOTION for Judgment on the Pleadings by Karen Handel. (Attachments: # 1 Brief in Support, # 2 Exhibit A, # 3 Statement of Material Facts)(dr) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 07/06/2010)

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61 July 6, 2010

Clerk's Notice to Parties to Respond to 60 MOTION for Summary Judgment, MOTION for Judgment on the Pleadings, 57 MOTION for Summary Judgment (dr) (Entered: 07/06/2010)

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July 6, 2010

Notification of Docket Correction re 59 MOTION for Summary Judgment which is FILED IN ERROR. For correct entry refer to 60 MOTION for Summary Judgment, MOTION for Judgment on the Pleadings. (dr)

July 6, 2010

Clerks Certificate of Mailing as to David A. Hartfield re 61 Clerks Notice to Respond to Motion for Summary Judgment (dr)

62 July 7, 2010

Notice for Leave of Absence for the following date(s): 8/11-8/13/10; 9/22-9/24/10; 10/5/10; 10/27-10/29/10; 11/22-11/26/10; 12/22/10-1/3/11, by George Brian Spears. (Spears, George) (Entered: 07/07/2010)

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63 July 7, 2010

NOTICE Of Filing Original Sealed Deposition of David A. Hartfield by The Dekalb County Board of Registrations and Elections, Michael P. Coveny, Catherine Gilliard, Leona Perry, Samuel E. Tillman, Baoky N. Vu, Linda Latimore, Maxine W. Daniels, Jeffrey L. Mann (Attachments: # 1 Exhibit Cover Page of Deposition of David A. Hartfield)(Raspberry, Brenda) (Entered: 07/07/2010)

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64 July 7, 2010

Request to File Original Discovery by Plaintiffs of Original Sealed Depositions of Jeffrey L. Mann and Helene Maxine Daniels by The Dekalb County Board of Registrations and Elections, Michael P. Coveny, Catherine Gilliard, Leona Perry, Samuel E. Tillman, Baoky N. Vu, Linda Latimore, Maxine W. Daniels, Jeffrey L. Mann.(Raspberry, Brenda) (Entered: 07/07/2010)

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65 July 7, 2010

DEPOSITION of Maxine Daniels taken on 3/24/2010 by Hassan Swann. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Abudu, Nancy) (Entered: 07/07/2010)

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66 July 7, 2010

DEPOSITION of Jeffrey Mann taken on 3/24/2010 by Hassan Swann. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit state 1)(Abudu, Nancy) (Entered: 07/07/2010)

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67 July 7, 2010

DEPOSITION of Hassan Swann taken on 4/16/2010 by Hassan Swann. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3)(Abudu, Nancy) (Entered: 07/07/2010)

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68 July 7, 2010

DEPOSITION of David A. Hartfield taken on 5/18/10 by The Dekalb County Board of Registrations and Elections, Michael P. Coveny, Catherine Gilliard, Leona Perry, Samuel E. Tillman, Baoky N. Vu, Linda Latimore, Maxine W. Daniels, Jeffrey L. Mann.(dr) (Entered: 07/08/2010)

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July 13, 2010

Submission of 46 MOTION to Compel Deposition Testimony of Plaintiff David A. Hartfield, and In The Alternative, Motion For Sanctions, submitted to District Judge Thomas W. Thrash. (dr)

July 22, 2010

ORAL ORDER GRANTING verbal request of defense counsel to EXTEND RESPONSE DATE for responses to 60 MOTION for Summary Judgment MOTION for Judgment on the Pleadings filed by Karen Handel, 56 MOTION for Summary Judgment filed by Hassan Swann, 57 MOTION for Summary Judgment filed by Jeffrey L. Mann, Maxine W. Daniels, The Dekalb County Board of Registrations and Elections, Baoky N. Vu, Samuel E. Tillman, Leona Perry, Linda Latimore, Catherine Gilliard, Michael P. Coveny. The response date for these motions is 7/26/10 and any replies due accordingly. By Judge Thomas W. Thrash, Jr on 7/22/10. (ss)

69 July 23, 2010

Response to Statement of Material Facts re 57 MOTION for Summary Judgment filed by Hassan Swann. (Abudu, Nancy) (Entered: 07/23/2010)

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70 July 23, 2010

Response to Statement of Material Facts re 60 MOTION for Summary Judgment MOTION for Judgment on the Pleadings filed by Hassan Swann. (Abudu, Nancy) (Entered: 07/23/2010)

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71 July 23, 2010

RESPONSE in Opposition re 57 MOTION for Summary Judgment filed by Hassan Swann. (Abudu, Nancy) (Entered: 07/23/2010)

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72 July 23, 2010

RESPONSE in Opposition re 60 MOTION for Summary Judgment MOTION for Judgment on the Pleadings filed by Hassan Swann. (Abudu, Nancy) (Entered: 07/23/2010)

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73 July 26, 2010

RESPONSE in Opposition re 56 MOTION for Summary Judgment filed by Michael P. Coveny, Maxine W. Daniels, Catherine Gilliard, Linda Latimore, Jeffrey L. Mann, Leona Perry, The Dekalb County Board of Registrations and Elections, Samuel E. Tillman, Baoky N. Vu. (Attachments: # 1 Exhibit A-, # 2 Exhibit B-)(Raspberry, Brenda) (Entered: 07/26/2010)

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74 July 26, 2010

Response to Statement of Material Facts re 56 MOTION for Summary Judgment filed by Michael P. Coveny, Maxine W. Daniels, Catherine Gilliard, Linda Latimore, Jeffrey L. Mann, Leona Perry, The Dekalb County Board of Registrations and Elections, Samuel E. Tillman, Baoky N. Vu. (Raspberry, Brenda) (Entered: 07/26/2010)

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75 July 26, 2010

RESPONSE in Opposition re 56 MOTION for Summary Judgment filed by Karen Handel. (Ritter, Stefan) (Entered: 07/26/2010)

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76 July 26, 2010

Response to Statement of Material Facts re 56 MOTION for Summary Judgment filed by Karen Handel. (Ritter, Stefan) (Entered: 07/26/2010)

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77 Aug. 9, 2010

REPLY to Response to 56 MOTION for Summary Judgment filed by Hassan Swann. (Attachments: # 1 Statement of Material Facts)(Abudu, Nancy) Modified filer on 8/9/2010 (dr). (Entered: 08/09/2010)

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78 Aug. 9, 2010

REPLY to Response to 56 MOTION for Summary Judgment filed by Hassan Swann. (Attachments: # 1 Statement of Material Facts)(Abudu, Nancy) Modified filer on 8/9/2010 (dr). (Entered: 08/09/2010)

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Aug. 10, 2010

Submission of 56 MOTION for Summary Judgment, submitted to District Judge Thomas W. Thrash. (cem)

Aug. 12, 2010

Submission of 57 MOTION for Summary Judgment, 60 MOTION for Summary Judgment, MOTION for Judgment on the Pleadings, submitted to District Judge Thomas W. Thrash. (cem)

79 Sept. 30, 2010

ORDER DISMISSING Plaintiff David A. Hartfield for failure to comply with a lawful Order of the Court. Signed by Judge Thomas W. Thrash, Jr on 9/30/10. (dr) (Entered: 10/01/2010)

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Oct. 1, 2010

Clerks Certificate of Mailing as to David A. Hartfield re 79 Order. (dr)

80 Oct. 18, 2010

ORDER denying 56 Plaintiff's Motion for Summary Judgment; granting 57 Defendant DeKalb County Board of Registration and Elections, Michael Coveny, Catherine Gilliard, Leona Perry, Samuel Tillman, Baoky Vu, Linda Latimore, Maxine Daniels, and Jeffrey Manns Motion for Summary Judgment; granting 60 Defendant Brian Kemp's Motion for Summary Judgment. Signed by Judge Thomas W. Thrash, Jr on 10/18/10. (cem)

Clearinghouse
Oct. 18, 2010

Civil Case Terminated. (cem)

81 Oct. 19, 2010

CLERK'S JUDGMENT entered for defendants against plaintiff for costs of action. (cem) --Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 10/19/2010)

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82 Oct. 21, 2010

NOTICE OF APPEAL as to 80 Order on Motion for Summary Judgment,,, Order on Motion for Judgment on the Pleadings,,,, 81 Clerk's Judgment by Hassan Swann. Filing fee $ 455, receipt number 113E-2956126. Transcript Order Form due on 11/4/2010 (Abudu, Nancy) (Entered: 10/21/2010)

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Case Details

State / Territory:

Georgia

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Sept. 29, 2009

Closing Date: April 25, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Former inmate of a county jail

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

DeKalb County Board of Registrations and Elections

Sheriff for DeKalb County Georgia

State

Secretary of State for the State of Georgia

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Facility Type(s):

Government-run

Case Details

Constitutional Clause(s):

Due Process

Equal Protection

Other Dockets:

Northern District of Georgia 1:09-cv-02674

U.S. Court of Appeals for the Eleventh Circuit 10-14901

Available Documents:

Any published opinion

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Sought:

Attorneys fees

Damages

Declaratory judgment

Injunction

Relief Granted:

None

Source of Relief:

None

Issues

Voting:

Voting: Physical/Effective Access

Recommended Citation