Case: United States v. Lorain County

1:11-cv-02122 | U.S. District Court for the Northern District of Ohio

Filed Date: Oct. 6, 2011

Closed Date: March 28, 2014

Clearinghouse coding complete

Case Summary

This is a case about the protection of voting rights of Spanish-speakers in Ohio who have limited English proficiency. The United States Department of Justice (DOJ) filed this action in the U.S. District Court for the Northern District of Ohio on October 6, 2011, against the Lorain County Board of Elections (BOE). The government alleged violations of Section 4(e) of the Voting Rights Act because the BOE failed to provide ballot and voting information in Spanish and did not hire bilingual poll w…

This is a case about the protection of voting rights of Spanish-speakers in Ohio who have limited English proficiency. The United States Department of Justice (DOJ) filed this action in the U.S. District Court for the Northern District of Ohio on October 6, 2011, against the Lorain County Board of Elections (BOE). The government alleged violations of Section 4(e) of the Voting Rights Act because the BOE failed to provide ballot and voting information in Spanish and did not hire bilingual poll workers to assist during elections. As such, the DOJ sought declaratory and injunctive relief. The case was assigned to Judge Solomon Oliver, Jr.

The next day, on October 7, the parties filed a joint settlement agreement. The agreement required that the BOE provide, in Spanish, information about all stages of the electoral process pertaining to elections and the procedure for registering to vote. The BOE also agreed to provide bilingual instructions on voting machines and information about bilingual absentee and provisional ballots. The BOE was further required to appoint a Bilingual Election Program Coordinator and to recruit and hire bilingual poll workers for any elections. The agreement also requested that the court enter an order allowing for the appointment of federal observers that would be allowed access to all elections in Lorain County. The BOE was charged with evaluating the efficacy of all bilingual election programs after each election cycle. 

The agreement was set to terminate on March 30, 2014, provided that the BOE achieved substantial compliance with the agreement during the two previous election cycles. The appointed observers filed reports on the general and primary elections in 2012 and 2013. Pursuant to these reports, on March 28, 2014, the DOJ voluntarily dismissed the case. 

Summary Authors

Claire Butler (12/30/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/38480641/parties/united-states-v-lorain-county/


Judge(s)
Attorney for Plaintiff

Culliton, Katherine M. (Ohio)

Herren, T. Christian (Ohio)

Heyer, Michelle L. (Ohio)

Mellett, Timothy F. (Ohio)

Attorney for Defendant

Innes, Gerald A. (Ohio)

show all people

Documents in the Clearinghouse

Document
1

1:11-cv-02122

Complaint

Oct. 6, 2011

Oct. 6, 2011

Complaint
5

1:11-cv-02122

Memorandum of Agreement Between the United States of America and Lorain County, Ohio Regarding Compliance with Section 4(e) of the Voting Rights Act

Oct. 6, 2011

Oct. 6, 2011

Settlement Agreement
6

1:11-cv-02122

Order Extending Time to Answer and Interlocutory Order Authorizing Appointment of Federal Observers

Oct. 7, 2011

Oct. 7, 2011

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/38480641/united-states-v-lorain-county/

Last updated March 9, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

Complaint with Memorandum of Agreement against All Defendants.. Filed by United States of America. (Attachments: # 1 Civil Cover Sheet) (Heyer, Michelle) (Entered: 10/07/2011)

Oct. 7, 2011

Oct. 7, 2011

Clearinghouse
2

Joint Motion for extension of time to answer and for Appointment of Federal Observers filed by Paul R. Adams, Anthony B. Giardini, Helen W. Hurst, Lorain County, Lorain County Board of Elections, Robert G. Rousseau, Thomas J. Smith, Plaintiff United States of America. Related document(s) 1 . (Heyer, Michelle) (Entered: 10/07/2011)

Oct. 7, 2011

Oct. 7, 2011

PACER

Judge Solomon Oliver, Jr assigned to case. (C,BA)

Oct. 7, 2011

Oct. 7, 2011

PACER

Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge McHargh. (C,BA)

Oct. 7, 2011

Oct. 7, 2011

PACER
3

Proposed Order Extending Time to Answer and Appointing Federal Observers filed by All Parties. Related document(s) 2 . (Heyer, Michelle) (Entered: 10/07/2011)

Oct. 7, 2011

Oct. 7, 2011

PACER
4

Magistrate Consent Form issued. No summons provided, no summons issued. (C,BA) (Entered: 10/07/2011)

Oct. 7, 2011

Oct. 7, 2011

PACER
5

Joint Settlement Notice Memorandum of Agreement filed by All Parties. (Heyer, Michelle) (Entered: 10/07/2011)

Oct. 7, 2011

Oct. 7, 2011

Clearinghouse
6

Order granting 2 Joint Motion of the parties extending time to answer until 4/20/2014 or 20 days following a motion by either party; and that the appointment of federal observers by the Director of the Office of Personnel Management is authorized for Lorain County, Ohio, for elections administered by the Lorain County Board of Elections, pursuant to Section 3(a) of the Voting Rights Act, 42 U.S.C. ยง 1973a(a), through 3/30/2014. This action shall be administratively closed subject to being reopened upon motion of either party. Signed by Judge Solomon Oliver, Jr on 10/7/2011. (D,M) (Entered: 10/07/2011)

Oct. 7, 2011

Oct. 7, 2011

Clearinghouse
7

Notice of Filing of Federal Observer Reports for the November 8, 2011 General Election filed by United States of America. (Attachments: # 1 Appendix Declaration of Service, # 2 Appendix Observer Report 1 of 5, # 3 Appendix Observer Report 2 of 5, # 4 Appendix Observer Report 3 of 5, # 5 Appendix Observer Report 4 of 5, # 6 Appendix Observer Report 5 of 5)(Culliton, Katherine) (Entered: 02/22/2012)

Feb. 22, 2012

Feb. 22, 2012

PACER
8

Notice of Filing of Federal Observer Reports for the March 6, 2012 Primary Election filed by United States of America. (Attachments: # 1 Appendix Declaration of Service, # 2 Appendix Sacred Heart Observer Report, # 3 Appendix Southview MS Observer Report, # 4 Appendix General Johnny Wilson School Observer Report, # 5 Appendix Saint Cyril & Methodius Church Observer Report, # 6 Appendix Mt. Zion Missionary Baptist Church Observer Report, # 7 Appendix Black River Landing (Port Authority) Observer Report, # 8 Appendix St. Peter and Paul Church Observer Report, # 9 Appendix Shiloh Missionary Baptist Church Report)(Culliton, Katherine) (Entered: 04/18/2012)

April 18, 2012

April 18, 2012

PACER
9

Notice of Filing of Federal Observer Reports for the November 6 2012 General Election filed by United States of America. (Attachments: # 1 Exhibit Observer Report Black River Landing, # 2 Exhibit Observer Report General Johnny Wilson School, # 3 Exhibit Observer Report Larkmoor School, # 4 Exhibit Observer Report Lorain High Annex, # 5 Exhibit Observer Report Mt. Zion, # 6 Exhibit Observer Report Sacred Heart, # 7 Exhibit Observer Report Shiloh Missionary Baptist Church, # 8 Exhibit Observer Report St. Cyril and Methodius Church, # 9 Exhibit Observer Report St. Peter and Paul Lutheran Church)(Heyer, Michelle) (Entered: 02/05/2013)

Feb. 5, 2013

Feb. 5, 2013

PACER
10

Notice of Filing of Federal Observer Reports filed by All Plaintiffs. (Attachments: # 1 Exhibit Black River Landing Observer Report, # 2 Exhibit Sacred Heart Chapel Observer Report, # 3 Exhibit St Cyril and Methodius Church Observer Report, # 4 Exhibit Mt Zion Missionary Baptist Church Observer Report, # 5 Exhibit Shiloh Mission Baptist Church Observer Report, # 6 Exhibit Lorain High Annex Observer Report, # 7 Exhibit General Johnnie Wilson School Observer Report)(Heyer, Michelle) (Entered: 02/03/2014)

Feb. 3, 2014

Feb. 3, 2014

PACER
11

Notice of Dismissal Under FRCP 41(a)(1) (A) filed by United States of America. (Mellett, Timothy) (Entered: 03/28/2014)

March 28, 2014

March 28, 2014

PACER

Case Details

State / Territory: Ohio

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: Oct. 6, 2011

Closing Date: March 28, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

U.S. Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Lorain County (Lorain), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Voting Rights Act, section 203 (language minority provision), 52 U.S.C. § 10503 (previously 42 U.S.C. § 1973aa-1a)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Voluntary Dismissal

Order Duration: 2011 - 2014

Content of Injunction:

Hire

Discrimination Prohibition

Develop anti-discrimination policy

Reporting

Recordkeeping

Training

Voting Process Changes

Issues

General:

Language access/needs

Discrimination-area:

Disparate Impact

Disparate Treatment

Voting:

Voting: General & Misc.

Voting: Physical/Effective Access

Election administration

Discrimination-basis:

Language discrimination

Language:

Spanish