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)

Documents in the Clearinghouse

Document

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

Docket

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

Last updated July 21, 2023, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

Notice of Appearance

Oct. 14, 2019

Oct. 14, 2019

PACER
2

Notice of Appearance

Oct. 14, 2019

Oct. 14, 2019

PACER
3

Notice of Appearance

Oct. 14, 2019

Oct. 14, 2019

PACER
4

Notice of Appearance

Oct. 14, 2019

Oct. 14, 2019

PACER
5

Notice-other

Oct. 14, 2019

Oct. 14, 2019

PACER
6

Notice of Appearance

Oct. 15, 2019

Oct. 15, 2019

PACER
7

Notice of Related Case

Oct. 15, 2019

Oct. 15, 2019

PACER
8

Response

Oct. 15, 2019

Oct. 15, 2019

PACER
9

Notice of Appearance

Oct. 15, 2019

Oct. 15, 2019

PACER
10

Notice of Appearance

Oct. 15, 2019

Oct. 15, 2019

PACER
11

Notice of Appearance

Oct. 15, 2019

Oct. 15, 2019

PACER
12

Financial Disclosure Statement

Oct. 15, 2019

Oct. 15, 2019

PACER
13

Financial Disclosure Statement

Oct. 15, 2019

Oct. 15, 2019

PACER
14

Financial Disclosure Statement

Oct. 15, 2019

Oct. 15, 2019

PACER
15

Financial Disclosure Statement

Oct. 15, 2019

Oct. 15, 2019

PACER
16

Financial Disclosure Statement

Oct. 15, 2019

Oct. 15, 2019

PACER
17

Financial Disclosure Statement

Oct. 15, 2019

Oct. 15, 2019

PACER
18

Remand

Oct. 15, 2019

Oct. 15, 2019

PACER
19

Memorandum in Support

Oct. 15, 2019

Oct. 15, 2019

PACER
20

Notice of Special Appearance

Oct. 15, 2019

Oct. 15, 2019

PACER

Notice to Counsel

Oct. 15, 2019

Oct. 15, 2019

PACER

Add and Terminate Judges

Oct. 15, 2019

Oct. 15, 2019

PACER

Filing Fee Received

Oct. 15, 2019

Oct. 15, 2019

PACER
21

Notice of Special Appearance

Oct. 16, 2019

Oct. 16, 2019

PACER
22

Notice-other

Oct. 17, 2019

Oct. 17, 2019

PACER
23

Notice of Special Appearance

Oct. 17, 2019

Oct. 17, 2019

PACER
24

Financial Disclosure Statement

Oct. 17, 2019

Oct. 17, 2019

PACER

Order Reassigning Case

Oct. 17, 2019

Oct. 17, 2019

PACER

Notice to Counsel

Oct. 17, 2019

Oct. 17, 2019

PACER

Text Order

Oct. 17, 2019

Oct. 17, 2019

PACER
25

Response in Opposition to Motion

Oct. 21, 2019

Oct. 21, 2019

PACER
26

Response to Motion

Oct. 21, 2019

Oct. 21, 2019

PACER
27

Extension of Time to File Answer

Oct. 21, 2019

Oct. 21, 2019

PACER
28

Notice-other

Oct. 21, 2019

Oct. 21, 2019

PACER
29

Notice-other

Oct. 21, 2019

Oct. 21, 2019

PACER
30

Response

Oct. 21, 2019

Oct. 21, 2019

PACER
31

Answer to Complaint

Oct. 21, 2019

Oct. 21, 2019

PACER

Motion Referred to Clerk

Oct. 21, 2019

Oct. 21, 2019

PACER

Order on Motion for Extension of Time to Answer

Oct. 21, 2019

Oct. 21, 2019

PACER

Notice of Deficiency

Oct. 21, 2019

Oct. 21, 2019

PACER

Motion Submitted

Oct. 21, 2019

Oct. 21, 2019

PACER
32

Response

Oct. 22, 2019

Oct. 22, 2019

PACER
33

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.)

Oct. 22, 2019

Oct. 22, 2019

RECAP
34

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.)

Oct. 22, 2019

Oct. 22, 2019

RECAP
35

Letter

Oct. 22, 2019

Oct. 22, 2019

PACER
36

Notice of Related Case

Nov. 1, 2019

Nov. 1, 2019

PACER
37

Notice-other

Nov. 1, 2019

Nov. 1, 2019

PACER
38

Attorney Fees

Nov. 25, 2019

Nov. 25, 2019

PACER

Notice of Deficiency

Nov. 26, 2019

Nov. 26, 2019

PACER
39

Attorney Fees

Nov. 27, 2019

Nov. 27, 2019

PACER
40

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

Nov. 27, 2019

Nov. 27, 2019

RECAP
41

Proposed Order

Nov. 27, 2019

Nov. 27, 2019

PACER

Notice of Deficiency - Failure to File Proposed Order

Nov. 27, 2019

Nov. 27, 2019

PACER
42

Response in Opposition to Motion

Dec. 16, 2019

Dec. 16, 2019

PACER
43

Reply to Response to Motion

Dec. 20, 2019

Dec. 20, 2019

PACER

Motion Submitted

Dec. 23, 2019

Dec. 23, 2019

PACER

Text Order

Dec. 30, 2019

Dec. 30, 2019

PACER
44

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

May 8, 2020

May 8, 2020

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

House Standing Committee on Redistricting, State

Senate Standing Committee on Redistricting, State

North Carolina Senate, State

North Carolina State Board of Elections, State

North Carolina House of Representatives, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

State law

State Anti-Discrimination Law

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Mixed

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Voting

Voting:

Redistricting/district composition