Case: Harper v. Lewis

5:19-cv-00452 | U.S. District Court for the Eastern District of North Carolina

Filed Date: Oct. 14, 2019

Closed Date: Dec. 2, 2019

Clearinghouse coding complete

Case Summary

On September 27, 2019, a group of North Carolina voters filed a lawsuit against members of the North Carolina State Board of Elections and various state legislators in North Carolina's Superior Court for Wake County. Plaintiffs alleged that the state's 2016 congressional redistricting plan was an unconstitutional gerrymander in violation of the Free Elections Clause, Equal Protection Clause, and Freedom of Speech and Freedom of Association Clauses of the North Carolina Constitution. Plaintiffs …

On September 27, 2019, a group of North Carolina voters filed a lawsuit against members of the North Carolina State Board of Elections and various state legislators in North Carolina's Superior Court for Wake County. Plaintiffs alleged that the state's 2016 congressional redistricting plan was an unconstitutional gerrymander in violation of the Free Elections Clause, Equal Protection Clause, and Freedom of Speech and Freedom of Association Clauses of the North Carolina Constitution.

Plaintiffs argued that the 2016 map was drawn with the express intent to maximize Republican advantage. Plaintiffs asked the Superior Court to declare the map unconstitutional and enjoin the state from using it in the 2020 primary and general elections. On October 14, 2019, defendants removed the case to the U.S. District Court for the Eastern District of North Carolina but the District Court remanded the case back to the Superior Court a week later. 

On October 28, 2019, the Superior Court granted the motion for a preliminary injunction barring the state from using the map in the 2020 primary and general elections. Shortly thereafter, plaintiffs filed a motion for summary judgment on October 31, 2019. The North Carolina General Assembly passed a new congressional redistricting plan on its own initiative on November 15, 2019, circumventing the litigation. On December 2, 2019, the Superior Court lifted its preliminary injunction and allowed the 2020 congressional elections to proceed under the new redistricting plan. 

On November 5, 2021, plaintiffs filed a motion to file a supplemental complaint and a supplemental complaint challenging the new congressional redistricting plan on the same grounds that they had challenged the 2016 plan. While awaiting a decision on whether the supplemental complaint would be allowed, on November 18, 2021, plaintiffs filed a parallel lawsuit, Harper v. Hall 868 S.E.2d 499 (2022), that was substantively identical to the supplemental complaint. Litigation of the 2021 map proceeded under that lawsuit and on December 1, 2021, plaintiffs voluntarily dismissed the supplemental complaint and the claims therein. 

Summary Authors

Anna Lennon (12/24/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16329573/parties/harper-v-lewis/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Amunson, Jessica Ring

Bernstein, Richard Douglas

Expert/Monitor/Master/Other

Adams, John Christian

Amar, Vikram David

Barnes, Mel

Attorney for Plaintiff

Documents in the Clearinghouse

Documents in this case

No. 19-cvs-12667

Verified Complaint

North Carolina state trial court

Sept. 24, 2019

Sept. 24, 2019

Complaint

No. 19-cvs-12667

Order on Injunctive Relief

North Carolina state trial court

Oct. 28, 2019

Oct. 28, 2019

Order/Opinion

No. 19-cvs-12667

Order

North Carolina state trial court

Dec. 2, 2019

Dec. 2, 2019

Order/Opinion

No. 19-cvs-12667

Notice of Voluntary Dismissal

North Carolina state trial court

Dec. 1, 2021

Dec. 1, 2021

Pleading / Motion / Brief

21-01271

Petition

March 17, 2022

March 17, 2022

21-01271

Appendix

March 17, 2022

March 17, 2022

21-01271

Petition

March 17, 2022

March 17, 2022

21-01271

Appendix

March 17, 2022

March 17, 2022

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16329573/harper-v-lewis/

Last updated Sept. 1, 2026, 5:22 a.m.

Docket for: Harper v. Lewis
ECF Number Date Description Link
1 Oct. 14, 2019

Notice of Appearance

RECAP
2 Oct. 14, 2019

Notice of Appearance

RECAP
3 Oct. 14, 2019

Notice of Appearance

RECAP
4 Oct. 14, 2019

Notice of Appearance

RECAP
5 Oct. 14, 2019

Notice-other

RECAP
6 Oct. 15, 2019

Notice of Appearance

RECAP
7 Oct. 15, 2019

Notice of Related Case

RECAP
8 Oct. 15, 2019

Response

RECAP
9 Oct. 15, 2019

Notice of Appearance

RECAP
10 Oct. 15, 2019

Notice of Appearance

RECAP
11 Oct. 15, 2019

Notice of Appearance

RECAP
12 Oct. 15, 2019

Financial Disclosure Statement

RECAP
13 Oct. 15, 2019

Financial Disclosure Statement

RECAP
14 Oct. 15, 2019

Financial Disclosure Statement

RECAP
15 Oct. 15, 2019

Financial Disclosure Statement

RECAP
16 Oct. 15, 2019

Financial Disclosure Statement

RECAP
17 Oct. 15, 2019

Financial Disclosure Statement

RECAP
18 Oct. 15, 2019

Remand

RECAP
19 Oct. 15, 2019

Memorandum in Support

RECAP
20 Oct. 15, 2019

Notice of Special Appearance

RECAP
Oct. 15, 2019

Add and Terminate Judges

Oct. 15, 2019

Notice to Counsel

Oct. 15, 2019

Filing Fee Received

21 Oct. 16, 2019

Notice of Special Appearance

RECAP
22 Oct. 17, 2019

Notice-other

RECAP
23 Oct. 17, 2019

Notice of Special Appearance

RECAP
24 Oct. 17, 2019

Financial Disclosure Statement

RECAP
Oct. 17, 2019

Text Order

Oct. 17, 2019

Order Reassigning Case

Oct. 17, 2019

Notice to Counsel

25 Oct. 21, 2019

Response in Opposition to Motion

RECAP
26 Oct. 21, 2019

Response to Motion

RECAP
27 Oct. 21, 2019

Extension of Time to File Answer

RECAP
28 Oct. 21, 2019

Notice-other

RECAP
29 Oct. 21, 2019

Notice-other

RECAP
30 Oct. 21, 2019

Response

RECAP
31 Oct. 21, 2019

Answer to Complaint

RECAP
Oct. 21, 2019

Motion Referred to Clerk

Oct. 21, 2019

Motion Submitted

Oct. 21, 2019

Order on Motion for Extension of Time to Answer

Oct. 21, 2019

Notice of Deficiency

32 Oct. 22, 2019

Response

RECAP
33 Oct. 22, 2019

ORDER granting 18 Motion to Remand and to Expedite Resolution of Motion to Remand. This case is REMANDED to the General Court of Justice, Superior Court Division, Wake County, North Carolina, for further proceedings . The clerk is DIRECTED to transmit a certified copy of this order to the clerk of the General Court of Justice, Superior Court Division, Wake County, North Carolina, and to file in this case a copy of the clerk's transmittal letter with certifi ed copy of the instant order. The court will retain jurisdiction in this case only insofar as plaintiff may desire to purse an award of costs and attorneys' fees pursuant to 28 U.S.C. § 1447(c). Signed by District Judge Louise Wood Flanagan on 10/22/2019. (Collins, S.)

RECAP
34 Oct. 22, 2019

JUDGMENT - In accordance with the court's order entered October 22, 2019, more particularly described therein, that plaintiffs' motion to remand is granted and that this case is remanded to Wake County Superior Court, North Carolina for further proceedings. Signed by Peter A. Moore, Jr., Clerk of Court on 10/22/2019. (Collins, S.)

RECAP
35 Oct. 22, 2019

Letter

RECAP
36 Nov. 1, 2019

Notice of Related Case

RECAP
37 Nov. 1, 2019

Notice-other

RECAP
38 Nov. 25, 2019

Attorney Fees

RECAP
Nov. 26, 2019

Notice of Deficiency

39 Nov. 27, 2019

Attorney Fees

RECAP
40 Nov. 27, 2019

Memorandum in Support

1 Affidavit S. Jones

View on RECAP

2 Affidavit A. Khanna

View on RECAP

3 Affidavit B. Craige

View on PACER

4 Affidavit R. Elliot

View on PACER

RECAP
41 Nov. 27, 2019

Proposed Order

RECAP
Nov. 27, 2019

Notice of Deficiency - Failure to File Proposed Order

42 Dec. 16, 2019

Response in Opposition to Motion

RECAP
43 Dec. 20, 2019

Reply to Response to Motion

RECAP
Dec. 23, 2019

Motion Submitted

Dec. 30, 2019

Text Order

44 May 8, 2020

ORDER denying 39 Motion for Attorney Fees and Costs. Signed by District Judge Louise Wood Flanagan on 5/8/2020. (Collins, S.)

RECAP

Case Details

State / Territory:

North Carolina

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: Oct. 14, 2019

Closing Date: Dec. 2, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

North Carolina voters.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

House Standing Committee on Redistricting

North Carolina House of Representatives

North Carolina Senate

North Carolina State Board of Elections

Senate Standing Committee on Redistricting

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

State Anti-Discrimination Law

State law

Other Dockets:

Eastern District of North Carolina 5:19-cv-00452

North Carolina state trial court No. 19-cvs-12667

North Carolina state trial court 21-cvs-500085

North Carolina state supreme court 413PA21

Supreme Court of the United States 21-1271

Supreme Court of the United States 21A455

Supreme Court of the United States 22A289

Supreme Court of the United States 22A385

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Voting:

Redistricting/district composition

Voting: General & Misc.

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