Case: Pendergrass v. Raffensperger

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

Filed Date: Dec. 30, 2021

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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

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT filed by Georgia State Conference of the NAACP, Georgia Coalition for the Peoples Agenda, Inc., Galeo Latino Community Development Fund, Inc.. (Filing fee $402, receipt number AGANDC-11487605) (Attachments: # 1 Notice of Filing Appendix 1, # 2 Appendix 1, # 3 Civil Cover Sheet)(adg) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 01/03/2022) 1 Notice of Filing Appendix 1 View on PACER 2 Appendix 1 View on PACER 3 Civil Cover Sheet View on PACER	Dec. 30, 2021	Dec. 30, 2021 RECAP
2	Certificate of Interested Persons and Corporate Disclosure Statement by Galeo Latino Community Development Fund, Inc., Georgia Coalition for the Peoples Agenda, Inc., Georgia State Conference of the NAACP. (adg) (Entered: 01/03/2022)	Dec. 30, 2021	Dec. 30, 2021 PACER
3	ORDER referring this matter to the Chief Judge of the Eleventh Circuit so that he may appoint a three-judge panel. Signed by Judge Steve C. Jones on 1/03/2022. (pdw) (Entered: 01/03/2022)	Jan. 3, 2022	Jan. 3, 2022 PACER
	Clerks Certificate of Mailing	Jan. 3, 2022	Jan. 3, 2022 PACER
	Clerk's Certificate of Mailing re 1 Complaint and 3 Order: copies transmitted via email to Chief Judge of the Eleventh Circuit Court of Appeals by chambers staff. (pdw)	Jan. 3, 2022	Jan. 3, 2022 PACER
4	Electronic Summons Issued as to State of Georgia. (adg) (Entered: 01/03/2022)	Jan. 3, 2022	Jan. 3, 2022 PACER
5	Electronic Summons Issued as to Brian Kemp. (adg) (Entered: 01/03/2022)	Jan. 3, 2022	Jan. 3, 2022 PACER
6	Electronic Summons Issued as to Brad Raffensperger. (adg) (Entered: 01/03/2022)	Jan. 3, 2022	Jan. 3, 2022 PACER
7	NOTICE of Appearance by Bryan P. Tyson on behalf of Brian Kemp, Brad Raffensperger, State of Georgia (Tyson, Bryan) (Entered: 01/04/2022)	Jan. 4, 2022	Jan. 4, 2022 PACER
8	Order Designating Three-Judge Court Judge Steven D. Grimberg and Circuit Judge Elizabeth L. Branch to serve with Judge Steve C. Jones. Signed by Chief Judge William H. Pryor, Jr. on 01/04/2022. (rvb) (Entered: 01/05/2022)	Jan. 4, 2022	Jan. 4, 2022 RECAP
9	ORDER setting Rule 16 Conference for 1/12/2022 at 01:30 PM via Zoom (connection instructions to follow by separate notice.) The parties are further ORDERED to file by 12:00 p.m. EST on TUESDAY,JANUARY 11, 2022, status report(s) explaining their positions with respect to the issues (set forth herein.) Signed by Judge Steve C. Jones on 01/06/2022. (pdw) (Entered: 01/06/2022)	Jan. 6, 2022	Jan. 6, 2022 RECAP
	Notice of Video/Telephone Proceeding	Jan. 6, 2022	Jan. 6, 2022 PACER
	NOTICE OF VIDEO PROCEEDING: RULE 16 CONFERENCE set for 1/12/2022 at 01:30 PM via Zoom before Judge Steve C. Jones, Judge Elizabeth Branch, and Judge Steven Grimberg. Connection Instructions: Topic: Rule 16 Conference: 1:21-cv-05337-SCJ; 1:21-cv-05338-SCJ-SDG-ELB; and 1:21-cv-05339-SCJ Please click the link below to join the webinar: https://ganduscourts.zoomgov.com/j/1605120572 Passcode: 851671 Or One tap mobile : US: +16692545252,,1605120572#,,,,851671# or +16468287666,,1605120572#,,,,851671# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 669 254 5252 or +1 646 828 7666 or +1 551 285 1373 or +1 669 216 1590 Webinar ID: 160 512 0572 Passcode: 851671 International numbers available: https://ganduscourts.zoomgov.com/u/abdGvu42dG Or an H.323/SIP room system: H.323: 161.199.138.10 (US West) or 161.199.136.10 (US East) Meeting ID: 160 512 0572 Passcode: 851671 SIP: 1605120572@sip.zoomgov.com Passcode: 851671 You must follow the instructions of the Court for remote proceedings available here. The procedure for filing documentary exhibits admitted during the proceeding is available here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (pdw)	Jan. 6, 2022	Jan. 6, 2022 PACER
10	NOTICE of Appearance by Bryan Francis Jacoutot on behalf of Brian Kemp, Brad Raffensperger, State of Georgia (Jacoutot, Bryan) (Entered: 01/07/2022)	Jan. 7, 2022	Jan. 7, 2022 PACER
11	NOTICE of Appearance by Loree Anne Paradise on behalf of Brian Kemp, Brad Raffensperger, State of Georgia (Paradise, Loree Anne) (Entered: 01/07/2022)	Jan. 7, 2022	Jan. 7, 2022 PACER
12	NOTICE of Appearance by Frank B. Strickland on behalf of Brian Kemp, Brad Raffensperger, State of Georgia (Strickland, Frank) (Entered: 01/07/2022)	Jan. 7, 2022	Jan. 7, 2022 PACER
13	APPLICATION for Admission of Julie Marie Houk Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11504484).by Galeo Latino Community Development Fund, Inc., Georgia Coalition for the Peoples Agenda, Inc., Georgia State Conference of the NAACP. (Attachments: # 1 Text of Proposed Order)(Kastorf, Kurt) Documents for this entry are not available for viewing outside the courthouse. (Entered: 01/08/2022)	Jan. 8, 2022	Jan. 8, 2022 PACER
14	APPLICATION for Admission of Keith Harrison Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11504485).by Galeo Latino Community Development Fund, Inc., Georgia Coalition for the Peoples Agenda, Inc., Georgia State Conference of the NAACP. (Kastorf, Kurt) Documents for this entry are not available for viewing outside the courthouse. (Entered: 01/08/2022)	Jan. 8, 2022	Jan. 8, 2022 PACER
15	APPLICATION for Admission of Toni Michelle Jackson Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11504486).by Galeo Latino Community Development Fund, Inc., Georgia Coalition for the Peoples Agenda, Inc., Georgia State Conference of the NAACP. (Kastorf, Kurt) Documents for this entry are not available for viewing outside the courthouse. (Entered: 01/08/2022)	Jan. 8, 2022	Jan. 8, 2022 PACER
16	APPLICATION for Admission of Astor H.L. Heaven Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11504487).by Galeo Latino Community Development Fund, Inc., Georgia Coalition for the Peoples Agenda, Inc., Georgia State Conference of the NAACP. (Kastorf, Kurt) Documents for this entry are not available for viewing outside the courthouse. (Entered: 01/08/2022)	Jan. 8, 2022	Jan. 8, 2022 PACER
17	APPLICATION for Admission of Jon Greenbaum Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11505803).by Galeo Latino Community Development Fund, Inc., Georgia Coalition for the Peoples Agenda, Inc., Georgia State Conference of the NAACP. (Kastorf, Kurt) Documents for this entry are not available for viewing outside the courthouse. (Entered: 01/10/2022)	Jan. 10, 2022	Jan. 10, 2022 PACER
	Order	Jan. 10, 2022	Jan. 10, 2022 PACER
18	APPLICATION for Admission of Ezra David Rosenberg Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11507088).by Galeo Latino Community Development Fund, Inc., Georgia Coalition for the Peoples Agenda, Inc., Georgia State Conference of the NAACP. (Attachments: # 1 Text of Proposed Order)(Kastorf, Kurt) Documents for this entry are not available for viewing outside the courthouse. (Entered: 01/10/2022)	Jan. 10, 2022	Jan. 10, 2022 PACER
19	(FILED IN ERROR) ORDER setting Rule 16 Conference for 1/12/2022 at 01:30 PM via Zoom (connection instructions to follow by separate notice.) The parties are further ORDERED to file by 12:00 p.m. EST on TUESDAY,JANUARY 11, 2022, status report(s) explaining their positions with respect to the issues (set forth herein.) Signed by Judge Steve C. Jones on 1/10/2022. (pdw) Modified on 1/11/2022 to note this order was filed in the wrong case and has been re-docketed in the correct case, 1:22-CV-90-ELB-SCJ-SDG (ddm). (Entered: 01/10/2022)	Jan. 10, 2022	Jan. 10, 2022 PACER
	DOCKET ORDER AMENDING 9 Order setting Rule 16 Conference for 1/12/2022 at 01:30 PM via Zoom (connection instructions to remain as previously noticed). The parties are further ORDERED to file by 12:00 p.m. EST on TUESDAY, JANUARY 11, 2022, status report(s) explaining their positions with respect to the issues set forth in the Courts prior order at Doc. No. 9 after conferring with the parties in 1:21-cv-05337-SCJ; 1:21-cv-05339-SCJ; and 1:22-cv-00090-ELB-SCJ-SDG. Signed by Judge Steve C. Jones on 1/10/2022. (pdw)	Jan. 10, 2022	Jan. 10, 2022 PACER
	Notification of Docket Correction	Jan. 11, 2022	Jan. 11, 2022 PACER
	Notification of Docket Correction re 19 Order. This document was incorrectly filed in this civil action. This order will be docketed in the correct civil action, number 1:22-CV-00090- ELB-SCJ-SDG. (ddm)	Jan. 11, 2022	Jan. 11, 2022 PACER
20	STATUS REPORT Defendants' Status Report by Brian Kemp, Brad Raffensperger, State of Georgia. (Attachments: # 1 Exhibit A - 2022 Election Calendar, # 2 Exhibit B - Letter from B. Evans regarding redistricting)(Tyson, Bryan) (Entered: 01/11/2022) 1 Exhibit A - 2022 Election Calendar View on PACER 2 Exhibit B - Letter from B. Evans regarding redistricting View on RECAP	Jan. 11, 2022	Jan. 11, 2022 RECAP
21	STATUS REPORT IN ADVANCE OF RULE 16 CONFERENCE by Galeo Latino Community Development Fund, Inc., Georgia Coalition for the Peoples Agenda, Inc., Georgia State Conference of the NAACP. (Attachments: # 1 Text of Proposed Order)(Kastorf, Kurt) (Entered: 01/11/2022) 1 Text of Proposed Order View on PACER	Jan. 11, 2022	Jan. 11, 2022 RECAP
44	Minute Entry for proceedings held before Judge Steve C. Jones, Judge Elizabeth Branch, and Judge Steven Grimberg: Rule 16 conference held via Zoom in Alpha Phi Alpha v. Raffensperger, 1:21-cv-5337-SCJ; Georgia State Conference of the NAACP et al v. State of Georgia, 1:21-cv-05338-SCJ-SDG-ELB; Pendergrass v. Raffensperger, 1:21-CV-5339-SCJ; Common Cause et al v. Raffensperger, 1:22-cv-00090-SCJ-SDG-ELB; Grant v. Raffensperger, 1:22-CV-0122-SCJ. (Court Reporter Viola Zbrowski)(pdw) (Entered: 02/07/2022)	Jan. 12, 2022	Jan. 12, 2022 PACER
	RETURN of 13 APPLICATION for Admission of Julie Marie Houk Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11504484). to attorney for correction re:form. (gas)	Jan. 13, 2022	Jan. 13, 2022 PACER
	RETURN of 14 APPLICATION for Admission of Keith Harrison Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11504485). to attorney for correction re: form. (gas)	Jan. 13, 2022	Jan. 13, 2022 PACER
	RETURN of 15 APPLICATION for Admission of Toni Michelle Jackson Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11504486). to attorney for correction re:form. (gas)	Jan. 13, 2022	Jan. 13, 2022 PACER
	RETURN of 16 APPLICATION for Admission of Astor H.L. Heaven Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11504487). to attorney for correction re: form. (gas)	Jan. 13, 2022	Jan. 13, 2022 PACER
22	NOTICE of Appearance by Charlene S McGowan on behalf of Brian Kemp, Brad Raffensperger, State of Georgia (McGowan, Charlene) (Entered: 01/13/2022)	Jan. 13, 2022	Jan. 13, 2022 PACER
	Approval of Application for Admission Pro Hac Vice	Jan. 13, 2022	Jan. 13, 2022 PACER
	APPROVAL by Clerks Office re: 17 APPLICATION for Admission of Jon Greenbaum Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11505803). Attorney Jon M. Greenbaum added appearing on behalf of Galeo Latino Community Development Fund, Inc., Georgia Coalition for the Peoples Agenda, Inc., Georgia State Conference of the NAACP (cdg)	Jan. 13, 2022	Jan. 13, 2022 PACER
	Return of Application for Admission Pro Hac Vice	Jan. 13, 2022	Jan. 13, 2022 PACER
	RETURN of 18 APPLICATION for Admission of Ezra David Rosenberg Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11507088). to attorney for correction RE: Form. (cdg)	Jan. 13, 2022	Jan. 13, 2022 PACER
23	NOTICE by Galeo Latino Community Development Fund, Inc., Georgia Coalition for the Peoples Agenda, Inc., Georgia State Conference of the NAACP of Withdrawal of Counsel, Esperanza Segarra. (Kastorf, Kurt) Modified on 1/18/2022 to edit docket text (ddm). (Entered: 01/14/2022)	Jan. 14, 2022	Jan. 14, 2022 PACER

Case: Pendergrass v. Raffensperger

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

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