Case: Pendergrass v. Raffensperger

1:21-cv-05339 | U.S. District Court for the Northern District of Georgia

Filed Date: Dec. 30, 2021

Case Ongoing

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Case Summary

This is a case about the packing and cracking of minority votes in Georgia through the state’s redistricting plan of its congressional districts. On December 30, 2021, the Georgia State Conference of the NAACP, Georgia Coalition for the People’s Agenda, and the Galeo Latino Community Development Fund brought this suit in the U.S. District Court for the Northern District of Georgia. The plaintiffs sued the state of Georgia, its governor, and its secretary of state under 42 U.S.C. § 1983 and 52 U.S.C. § 10301. Represented by private counsel and the Lawyers’ Committee for Civil Rights Under Law, the plaintiffs sought declaratory and injunctive relief. The case was assigned to Judge Steven D. Grimberg, Judge Elizabeth L. Branch, and Judge Steve C. Jones.

The plaintiffs alleged that the defendants had drawn congressional and state legislature maps in violation of the U.S. Constitution and the Voting Rights Act by employing gerrymandering techniques. The first method—“cracking”—diluted the voting power of minority voters by spreading them across districts, and the second method—“packing”—concentrated minority voters into a single district to reduce their voting power.

In their complaint, the plaintiffs requested a three-judge panel pursuant to 28 U.S.C. § 2284 because the action challenged the constitutionality of the appointment of a statewide legislative body, as well as the apportionment of a state’s congressional delegation.

The plaintiffs brought the following claims:

42 U.S.C. § 1983: racial gerrymandering in violation of the Fourteenth and Fifteenth Amendments
This claim was brought against the secretary of state and governor of Georgia. The plaintiffs alleged that race had predominated with respect to the redistricting in the new Georgia house, state, and congressional plans. They argued that the plans could not survive strict scrutiny and were therefore unconstitutional.
52 U.S.C. § 10301: vote dilution in violation of section 2 of the Voting Rights Act
This claim was brought against all of the defendants. By diluting the voting power of minority voters, the defendants had violated §2 of the VRA which prohibited the dilution of minority voting strength. Since voters of color were politically cohesive in the districts that the defendants had packed and cracked, they were prevented from having an equal opportunity to elect candidates of their choice.
52 U.S.C. § 10301 and 42 U.S.C. § 1983: discriminatory purpose in violation of the Fourteenth Amendment and section 2 of the Voting Rights Act
This claim was alleged against all defendants on the §2 claim and against the secretary of state and governor of Georgia on the Fourteenth Amendment claim. The plaintiffs argued that the plans had been enacted for a discriminatory purpose as evidenced by a history of discriminatory official actions, evidence of substantial disparate impact, and the legislative and administrative history of the decision.

On January 3, 2022, the matter was referred to the Chief Judge of the Eleventh Circuit so that he could elect a three-judge panel.

On February 3, 2022, the court consolidated the case with Common Cause v. Raffensperger (1:22-cv-00090-ELB-SCJ-SDG).

On March 4, 2022, the defendants filed a motion to dismiss arguing that §2 of the VRA did not provide a private right of action and that the only proper party to bring those claims would be the Attorney General. On May 10, 2022, the court dismissed the defendants’ motion as moot since the plaintiffs had filed an amended complaint that day. 2022 WL 18781003.

The plaintiffs’ amended complaint included additional details regarding the conditions needed to bring a case under §2 of the VRA. On May 20, 2022 the defendants filed a motion to dismiss the amended complaint in which they reiterated their previous argument that §2 did not provide a private right of action despite courts previously recognizing claims brought by private plaintiffs.

On September 26, 2022, the court denied the defendants’ motion to dismiss. The court found enough evidence within the text of the VRA that Congress intended to provide a private right of action under §2. 2022 WL 18780945.

On March 27, 2023, the defendants filed a motion for summary judgment. They argued the following:

The plaintiffs lacked standing because they were all organizations and therefore could not bring district-specific claims. Even if they were able to, the plaintiffs were still limited by the number of districts they could challenge. The defendants argued that the plaintiffs had only asserted one member each that was impacted by the newly drawn plans and that in order to challenge all of the new plans, they had to establish a member of their organization in each district which they had not done.

Even if the plaintiffs had standing, they had not presented evidence of §2 violations under the VRA because they had not produced evidence of improper legislative intent in the drawing of districts. The defendants argued that proportionality in the congressional maps barred their claims. They also argued that the §2 claim should be dismissed against the state of Georgia defendant because the state had not abrogated its sovereign immunity and neither did the VRA.

Lastly, the defendants argued that the plaintiffs had not presented evidence of racial intent or unconstitutional racial gerrymandering.

On October 17, 2023, the court notified the parties that the motion for summary judgment was denied and that an order was forthcoming. As of October 20, 2023, the order has not yet been published, and this case is ongoing.

	Document
1 1:21-cv-05339	Complaint for Declaratory and Injunctive Relief	Dec. 30, 2021	Dec. 30, 2021 Complaint
59 1:21-cv-05339	Amended Complaint for Declaratory and Injunctive Relief Georgia State Conference of the NAACP v. State of Georgia	May 10, 2022	May 10, 2022 Complaint
59 1:21-cv-05339	Amended Complaint for Declaratory and Injunctive Relief Georgia State Conference of the NAACP v. State of Georgia	May 10, 2022	May 10, 2022 Complaint
89 1:21-cv-05339	Order Georgia State Conference of the NAACP v. State of Georgia	Sept. 26, 2022	Sept. 26, 2022 Order/Opinion 2022 WL 18780945

Description	Date	Link Date / Link
RETURN of 37 APPLICATION for Admission of Edward Bruce Schwartz Pro Hac Vice (Application fee $ 150, receipt number 113E-7343099) to attorney for correction re: NY bar. (cdg)	Aug. 31, 2017	Aug. 31, 2017 PACER
RETURN of 44 APPLICATION for Admission of Joe Robert Caldwell, Jr. Pro Hac Vice (Application fee $ 150, receipt number 113E-7346046) to attorney for correction re: Court(NJ). (cdg)	Aug. 31, 2017	Aug. 31, 2017 PACER
Submission of 3 MOTION for Leave to Serve Election Contest Defendants and Candidates by Certified Process Server, 4 MOTION for Limited Early and Expedited Discovery, 6 MOTION for Leave to File Excess Pages, submitted to District Judge Amy Totenberg. (jtj)	Sept. 13, 2017	Sept. 13, 2017 PACER
APPROVAL by Clerks Office re: 61 APPLICATION for Admission of Edward Bruce Schwartz Pro Hac Vice. Attorney Edward Bruce Schwartz added appearing on behalf of Coalition for Good Governance, Donna Curling, Ricardo Davis, Laura Digges, William Digges, III, Donna Price, Jeffrey Schoenberg (pmb). Modified on 9/15/2017 to update plaintiffs (pmb).	Sept. 15, 2017	Sept. 15, 2017 PACER
APPROVAL by Clerks Office re: 62 APPLICATION for Admission of Joe Robert Caldwell, Jr. Pro Hac Vice. Attorney Joe Robert Caldwell, Jr added appearing on behalf of Coalition for Good Governance, Donna Curling, Ricardo Davis, Laura Digges, William Digges, III, Donna Price, Jeffrey Schoenberg (pmb) Modified on 9/15/2017 to update plaintiffs (pmb)	Sept. 15, 2017	Sept. 15, 2017 PACER
Submission of 85 UNOPPOSED MOTION to Consolidate Deadlines for Plaintiff's Responses to Defendants' Motions to Dismiss, submitted to District Judge Amy Totenberg. (jtj)	Oct. 3, 2017	Oct. 3, 2017 PACER
Submission of 58 MOTION to Remand to State Court, submitted to District Judge Amy Totenberg. (jtj)	Oct. 6, 2017	Oct. 6, 2017 PACER
Submission of 78 MOTION for Leave to File Excess Pages, submitted to District Judge Amy Totenberg. (jtj)	Oct. 10, 2017	Oct. 10, 2017 PACER
Submission of 79 First MOTION to Dismiss, 83 MOTION to Dismiss, 84 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 82 MOTION to Dismiss, submitted to District Judge Amy Totenberg. (jtj)	Nov. 2, 2017	Nov. 2, 2017 PACER
The Clerk emailed the 110 Order as directed in the order. (jtj)	Nov. 16, 2017	Nov. 16, 2017 PACER
Clerk's Certificate of Mailing as to Coalition for Good Governance re 110 Order. Notice of street name change for the Atlanta courthouse included. (jtj)	Nov. 16, 2017	Nov. 16, 2017 PACER
Civil Case Administratively Closed. (jtj)	Nov. 29, 2017	Nov. 29, 2017 PACER
APPROVAL by Clerks Office re: 120 APPLICATION for Admission of Robert Alexander McGuire, III Pro Hac Vice (Application fee $ 150, receipt number 113E-7563092). Attorney William Brent Ney added appearing on behalf of Coalition for Good Governance (jkm)	Dec. 21, 2017	Dec. 21, 2017 PACER
Clerks Certificate of Mailing re 125 Order on Application for Admission PHV of Robert Alexander McGuire, III. Notice of street name change for the Atlanta courthouse included. (jpa)	Dec. 22, 2017	Dec. 22, 2017 PACER
Clerks Certificate of Mailing as to Donna Curling, Ricardo Davis, Laura Digges, William Digges, III, Donna Price, Jeffrey Schoenberg re 144 Order. Notice of street name change for the Atlanta courthouse included. (jpa)	Feb. 27, 2018	Feb. 27, 2018 PACER
Clerks Certificate of Mailing as to Donna Curling, Ricardo Davis, Laura Digges, William Digges, III, Donna Price, and Jeffrey Schoenberg re 145 Order. Notice of street name change for the Atlanta courthouse included. (sap)	Feb. 28, 2018	Feb. 28, 2018 PACER
Clerks Certificate of Emailing as to Edward Curtis Terry re 145 Order. (sap)	Feb. 28, 2018	Feb. 28, 2018 PACER
Submission of 145 Order to District Judge Amy Totenberg. (sap)	March 13, 2018	March 13, 2018 PACER
Clerks Certificate of Mailing as to Donna Curling, Ricardo Davis, Laura Digges, William Digges, III, Donna Price, and Jeffrey Schoenberg re 146 Order. Notice of street name change for the Atlanta courthouse included. (sap)	March 14, 2018	March 14, 2018 PACER
Clerks Certificate of Emailing as to Edward Curtis Terry re 146 Order. (sap)	March 14, 2018	March 14, 2018 PACER
Clerks Certificate of Mailing as to Donna Curling, Ricardo Davis, Laura Digges, William Digges, III, Donna Price, Jeffrey Schoenberg re 147 Order to Dismiss, 148 Clerk's Judgment. Notice of street name change for the Atlanta courthouse included. (jpa)	March 21, 2018	March 21, 2018 PACER
Clerks Certificate of Emailing as to Edward Curtis Terry re 147 Order and 148 Clerk's Judgment. (sap)	March 21, 2018	March 21, 2018 PACER
Notification of Docket Correction re 148 Clerk's Judgment: Judgment Entered in Error. (sap)	March 22, 2018	March 22, 2018 PACER
Clerks Certificate of Emailing as to Edward Curtis Terry re the Notification of Docket Correction for 148 Clerk's Judgment. (sap)	March 22, 2018	March 22, 2018 PACER
Clerks Certificate of Mailing as to Donna Curling, Ricardo Davis, Laura Digges, William Digges, III, Donna Price, and Jeffrey Schoenberg re the Notification of Docket Correction for 148 Clerk's Judgment. Notice of street name change for the Atlanta courthouse included. (sap)	March 23, 2018	March 23, 2018 PACER
APPROVAL by Clerks Office re: 154 APPLICATION for Admission of Jane P. Bentrott Pro Hac Vice (per rb) (Application fee $ 150, receipt number 113E-7785552). Attorney Jane P. Bentrott added appearing on behalf of Donna Curling, Donna Price, Jeffrey Schoenberg (pmb)	April 4, 2018	April 4, 2018 PACER
APPROVAL by Clerks Office re: 153 APPLICATION for Admission of David D. Cross Pro Hac Vice (per rb) (Application fee $ 150, receipt number 113E-7785544). Attorney David D. Cross added appearing on behalf of Donna Curling, Donna Price, Jeffrey Schoenberg (pmb)	April 4, 2018	April 4, 2018 PACER
Submission of 170 MOTION for Extension of Time to Respond to 160 MOTION to Amend Complaint to District Judge Amy Totenberg. (sap)	April 18, 2018	April 18, 2018 PACER
MINUTE GRANTING the 161 Request for Status Conference. The Court will hold an in-person status conference on 5/1/2018 at 10:30 AM in ATLA Courtroom 2308. Entered by Judge Amy Totenberg on 4/25/2018. (acm)	April 25, 2018	April 25, 2018 PACER
Clerks Approval re 194 Application for Refund of Fees paid online. (mmc)	May 9, 2018	May 9, 2018 PACER
Refund in the amount of $150.00 has been processed, effective 5/14/2018 in response to Clerks Action on Application for Refund of Fees paid online. (kns)	May 14, 2018	May 14, 2018 PACER
APPROVAL by Clerks Office re: 187 APPLICATION for Admission of John P. Carlin Pro Hac Vice (Application fee $ 150, receipt number 113E-7856478). Attorney John P. Carlin added appearing on behalf of Donna Curling, Donna Price, Jeffrey Schoenberg (pmb)	May 14, 2018	May 14, 2018 PACER
Clerk's Certificate of Mailing as to John P. Carlin re 211 Order on Application for Admission PHV. Notice of street name change for the Atlanta courthouse included. (jpa)	May 18, 2018	May 18, 2018 PACER
APPROVAL by Clerks Office re: 193 APPLICATION for Admission of Catherine L. Chapple Pro Hac Vice (Application fee $ 150, receipt number 113E-7865709). Attorney Catherine L. Chapple added appearing on behalf of Donna Curling, Donna Price and Jeffrey Schoenberg (pmb)	May 21, 2018	May 21, 2018 PACER
APPROVAL by Clerks Office re: 208 APPLICATION for Admission of Robert W. Manoso Pro Hac Vice (per sb) (Application fee $ 150, receipt number 113E-7876698). Attorney Robert W. Manoso added appearing on behalf of Donna Curling, Donna Price, Jeffrey Schoenberg (pmb)	May 31, 2018	May 31, 2018 PACER
Submission of 230 MOTION for Order to Issue Subpoena to District Judge Amy Totenberg. (sap)	July 18, 2018	July 18, 2018 PACER
Plaintiff's (Coalition for Good Governance) Documentary Exhibit 206 from the Status Conference held on 5/10/18, was destroyed as directed in 214 Exhibit Return Notification (mec)	July 18, 2018	July 18, 2018 PACER
RETURN of 242 APPLICATION for Admission of Stacey M. Leyton Pro Hac Vice (Application fee $ 150, receipt number 113E-8018433) to attorney for correction re: address. (pmb)	July 19, 2018	July 19, 2018 PACER
RETURN of 241 APPLICATION for Admission of Stephen P. Berzon Pro Hac Vice (Application fee $ 150, receipt number 113E-8018428) to attorney for correction re: address. (pmb)	July 19, 2018	July 19, 2018 PACER
RETURN of 243 APPLICATION for Admission of Matthew J. Murray Pro Hac Vice (Application fee $ 150, receipt number 113E-8018436) to attorney for correction re: address. (pmb)	July 19, 2018	July 19, 2018 PACER

Case: Pendergrass v. Raffensperger

1:21-cv-05339 | U.S. District Court for the Northern District of Georgia

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