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

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Documents in the Clearinghouse

Document
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

Docket

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

Last updated May 19, 2026, 11:22 a.m.

ECF Number Description Date Link Date / Link
1

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

View on RECAP

2 Civil Cover Sheet

View on RECAP

Sept. 29, 2009

Sept. 29, 2009

Clearinghouse
2

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)

Oct. 7, 2009

Oct. 7, 2009

3

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)

Oct. 7, 2009

Oct. 7, 2009

4

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)

Oct. 7, 2009

Oct. 7, 2009

5

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)

Oct. 7, 2009

Oct. 7, 2009

6

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)

Oct. 7, 2009

Oct. 7, 2009

7

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)

Oct. 7, 2009

Oct. 7, 2009

8

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)

Oct. 7, 2009

Oct. 7, 2009

9

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)

Oct. 7, 2009

Oct. 7, 2009

10

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)

Oct. 7, 2009

Oct. 7, 2009

11

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)

Oct. 7, 2009

Oct. 7, 2009

12

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)

Oct. 27, 2009

Oct. 27, 2009

13

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)

Oct. 27, 2009

Oct. 27, 2009

14

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)

Nov. 10, 2009

Nov. 10, 2009

15

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)

Dec. 16, 2009

Dec. 16, 2009

16

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

Dec. 17, 2009

Dec. 17, 2009

17

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

Dec. 17, 2009

Dec. 17, 2009

18

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

Dec. 18, 2009

Dec. 18, 2009

19

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

Dec. 18, 2009

Dec. 18, 2009

20

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

Dec. 18, 2009

Dec. 18, 2009

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

Dec. 18, 2009

Dec. 18, 2009

21

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)

Dec. 21, 2009

Dec. 21, 2009

22

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)

Dec. 22, 2009

Dec. 22, 2009

23

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)

Dec. 23, 2009

Dec. 23, 2009

24

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)

Dec. 23, 2009

Dec. 23, 2009

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

Dec. 23, 2009

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. 23, 2009

Dec. 23, 2009

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

Dec. 30, 2009

Dec. 30, 2009

25

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

Jan. 22, 2010

Jan. 22, 2010

26

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

Jan. 22, 2010

Jan. 22, 2010

27

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)

Feb. 3, 2010

Feb. 3, 2010

28

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

Feb. 3, 2010

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)

Feb. 3, 2010

Feb. 3, 2010

29

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)

Feb. 24, 2010

Feb. 24, 2010

30

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)

Feb. 24, 2010

Feb. 24, 2010

31

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)

Feb. 24, 2010

Feb. 24, 2010

32

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)

Feb. 24, 2010

Feb. 24, 2010

33

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)

Feb. 24, 2010

Feb. 24, 2010

34

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)

Feb. 24, 2010

Feb. 24, 2010

35

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

March 3, 2010

March 3, 2010

36

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)

March 16, 2010

March 16, 2010

37

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)

March 17, 2010

March 17, 2010

38

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

March 18, 2010

March 18, 2010

39

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)

March 18, 2010

March 18, 2010

40

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

March 18, 2010

March 18, 2010

41

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)

March 23, 2010

March 23, 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)

March 26, 2010

March 26, 2010

42

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)

April 2, 2010

April 2, 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)

April 6, 2010

April 6, 2010

43

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)

April 9, 2010

April 9, 2010

44

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)

April 9, 2010

April 9, 2010

45

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)

April 23, 2010

April 23, 2010

46

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)

May 3, 2010

May 3, 2010

47

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)

May 11, 2010

May 11, 2010

48

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)

May 12, 2010

May 12, 2010

49

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)

May 12, 2010

May 12, 2010

50

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)

May 12, 2010

May 12, 2010

51

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)

May 13, 2010

May 13, 2010

52

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)

May 21, 2010

May 21, 2010

53

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)

May 21, 2010

May 21, 2010

54

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)

May 24, 2010

May 24, 2010

55

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)

May 25, 2010

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 25, 2010

May 25, 2010

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

May 26, 2010

May 26, 2010

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

June 25, 2010

June 25, 2010

56

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)

July 1, 2010

July 1, 2010

57

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

View on RECAP

2 Statement of Material Facts

View on RECAP

July 2, 2010

July 2, 2010

Clearinghouse
58

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)

July 2, 2010

July 2, 2010

59

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)

July 2, 2010

July 2, 2010

60

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)

July 2, 2010

July 2, 2010

61

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)

July 6, 2010

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

July 6, 2010

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

July 6, 2010

July 6, 2010

62

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)

July 7, 2010

July 7, 2010

63

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)

July 7, 2010

July 7, 2010

64

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)

July 7, 2010

July 7, 2010

65

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)

July 7, 2010

July 7, 2010

66

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)

July 7, 2010

July 7, 2010

67

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)

July 7, 2010

July 7, 2010

68

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)

July 7, 2010

July 7, 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 13, 2010

July 13, 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)

July 22, 2010

July 22, 2010

69

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

July 23, 2010

July 23, 2010

70

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)

July 23, 2010

July 23, 2010

71

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

July 23, 2010

July 23, 2010

72

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)

July 23, 2010

July 23, 2010

73

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)

July 26, 2010

July 26, 2010

74

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)

July 26, 2010

July 26, 2010

75

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

July 26, 2010

July 26, 2010

76

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

July 26, 2010

July 26, 2010

77

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)

Aug. 9, 2010

Aug. 9, 2010

78

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)

Aug. 9, 2010

Aug. 9, 2010

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

Aug. 10, 2010

Aug. 10, 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)

Aug. 12, 2010

Aug. 12, 2010

79

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)

Sept. 30, 2010

Sept. 30, 2010

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

Oct. 1, 2010

Oct. 1, 2010

80

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)

Oct. 18, 2010

Oct. 18, 2010

Clearinghouse

Civil Case Terminated. (cem)

Oct. 18, 2010

Oct. 18, 2010

81

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)

Oct. 19, 2010

Oct. 19, 2010

82

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)

Oct. 21, 2010

Oct. 21, 2010

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