Case: Hopkins v. Hosemann

3:18-cv-00188 | U.S. District Court for the Southern District of Mississippi

Filed Date: March 27, 2018

Closed Date: Jan. 13, 2025

Clearinghouse coding in progress

Case Summary

This case mounted a challenge to Jim Crow-era permanent criminal disenfranchisement provisions in the Mississippi Constitution. On March 27, 2018, six named plaintiffs filed suit in the Southern District of Mississippi on behalf of a class of disenfranchised Mississippi citizens with completed sentences against the Mississippi Secretary of State (the Secretary) under 42 U.S.C. §1983. They alleged that Section 241 of the Mississippi Constitution, a lifetime disenfranchisement provision, violated…

This case mounted a challenge to Jim Crow-era permanent criminal disenfranchisement provisions in the Mississippi Constitution.

On March 27, 2018, six named plaintiffs filed suit in the Southern District of Mississippi on behalf of a class of disenfranchised Mississippi citizens with completed sentences against the Mississippi Secretary of State (the Secretary) under 42 U.S.C. §1983. They alleged that Section 241 of the Mississippi Constitution, a lifetime disenfranchisement provision, violated the Eighth and Fourteenth Amendments of the U.S. Constitution as “cruel and unusual punishment” and impermissible denial of an individual’s right to vote. They also alleged that Section 253 of the Mississippi Constitution, the suffrage bill provision, violated both the Equal Protection Clause of the Fourteenth Amendment by disproportionately affecting black citizens, and the First Amendment by vesting government officials with discretion to determine who may engage in political expression via the right to vote. Plaintiffs were represented by private counsel and the Southern Poverty Law Center. They sought declaratory judgment of unconstitutionality and a class-wide injunction against the disenfranchisement, as well as costs and attorney’s fees. The case was assigned to Judge Daniel P. Jordan III.

On April 5, 2018, the Secretary moved to consolidate this case with Harness v. Hosemann, a similar suit brought in the same court by a different group of disenfranchised citizens challenging only Section 241 using a different race-based theory under the Fourteenth and Fifteenth Amendments. Over both plaintiff groups’ objections, the court consolidated the cases on June 28, 2018, finding that all eight consolidation factors weighed in favor of consolidation. 

On August 15, 2018, the Hopkins plaintiffs moved to certify the class. On October 4, 2018, the Secretary moved for summary judgment separately against both plaintiff groups. The same day, the Hopkins and Harness plaintiffs moved independently for summary judgment against the Secretary. The court certified the class on February 26, 2019, finding that there was “no dispute” that the plaintiffs satisfied “all technical requirements for class certification,” even though a class may not have been necessary to receive relief. The class was defined as: “Any person who (a) is or becomes disenfranchised under Mississippi state law by reason of a conviction of a disenfranchising offense, and (b) has completed the term of incarceration, supervised release, parole, and/or probation for each such conviction.” 

On February 27, 2019, the parties submitted a joint status report naming only the counsel for the Hopkins plaintiffs as class counsel for the Hopkins claims. No class was requested or certified for the Harness plaintiffs, and they continued to be represented by their own counsel for their specific claim. The parties agreed that the class certification did not impact the parties’ pending summary judgment motions.  

On August 7, 2019, the district court, citing binding precedent, denied in full the Harness plaintiffs’ motion for summary judgment and granted the Secretary’s motion as to the Harness plaintiffs. In the same order and opinion, it denied in part Hopkins plaintiffs’ motion and granted in part the Secretary’s motion for summary judgment as to the Hopkins plaintiffs. 2019 WL 8113392. The court found that the plaintiffs had standing and that the Secretary did not possess Eleventh Amendment sovereign immunity on all claims. On the merits, the court rejected the Harness plaintiffs’ Fourteen and Fifteenth Amendment racial discrimination arguments and the Hopkins plaintiffs’ non-racial Fourteenth Amendment and Eighth Amendment arguments against Section 241, finding Richardson v. Ramirez, 481 U.S. 24 (1974) and Cotton v. Fordice, 157 F.3d 388 (5th Cir. 1998) controlling. The court rejected the First Amendment objection to Section 253, citing case law stating that the “First Amendment provides no greater protection than is otherwise found in the Fourteenth Amendment.” However, the court found that there remained a question of fact as to whether the Hopkins plaintiffs or the Secretary had presented sufficient evidence under the racial intent and racial impact test in Hunter v. Underwood, 471 U.S. 222 (1985) to show that Section 241 violated equal protection. Thus it rejected both parties’ motions for summary judgment on that issue alone, severed and dismissed the Harness case, certified all holdings in the Hopkins case for interlocutory appeal, and stayed the Hopkins case until an appeal was completed or the parties indicated no appeal would be filed.

The Harness plaintiffs appealed the final judgment to the Fifth Circuit on August 29, 2019 (USCA 19-60632). Further discussion on that case can be found on its own Clearinghouse page here. In this case, the Secretary filed an interlocutory appeal of the Hopkins judgment on September 5, 2019 (USCA 19-60662) and a second interlocutory appeal on the Eleventh Amendment immunity issue on September 11, 2019 (USCA 19-60678). Hopkins plaintiffs cross-appealed both of the Secretary’s appeals that same day. On September 16, 2019, the Secretary moved in the latter docket to consolidate the cases. The same day, the Hopkins plaintiffs moved to consolidate the two cross-appeals and expedite the ruling in light of the upcoming 2020 elections in the former docket. The Fifth Circuit consolidated the cases to USCA 19-60662 and granted in part the opposed motion to expedite on September 24, 2019. Numerous organizations such as the ACLU filed amicus briefs. Oral argument was conducted December 3, 2019. Supplemental authorities were filed periodically by the plaintiffs throughout 2020, 2021, and 2022.

The Fifth Circuit released its opinion on August 4, 2023. 76 F.4th 378. Judge James L. Dennis, joined by Judge Carolyn D. King, reversed the trial court and rendered judgment for the plaintiffs. He held that Richardson v. Ramirez did not control Eighth Amendment claims. Additionally, he found that in the court’s “independent judgment” and in light of the “national consensus” on the evolving standards of decency, permanent disenfranchisement was categorically an unconstitutional cruel and unusual punishment under the Eighth Amendment that served “no legitimate penological purpose.” However, he rejected plaintiff’s equal protection claim against Section 241 as foreclosed by Richardson. In addition, he ruled that the plaintiffs lacked standing to challenge Section 253, as the plaintiffs’ injury–the “legislative process for restoration of the franchise”–was not traceable to the Secretary but only to “some third party not before the court.” The Fifth Circuit remanded the case with instructions that the district court declare Section 241 unconstitutional and enjoin the Secretary from enforcing Section 241. 

Judge Edith H. Jones dissented, arguing that the Constitution and precedent required challengers to disenfranchisement provisions to address their concerns to the legislature, not the courts.

The Secretary petitioned for a rehearing en banc on August 18, 2023, presenting only the issue of the Eighth Amendment claim against Section 241. The Fifth Circuit granted the petition for rehearing en banc and vacated the panel opinion on September 28, 2023. 83 F.4th 312 (Mem). Various parties again filed amicus briefs, notably a joint brief filed by 22 states on behalf of the plaintiffs. On October 30, 2023, the court substituted Mississippi’s new Secretary of State, Michael Watson, in place of Delbert Hosemann. En banc oral argument was heard on January 23, 2024.

On July 18, 2024, the Fifth Circuit en banc affirmed the district court in a 13-6 judgment denying relief to the plaintiffs. Hopkins v. Watson, 108 F.4th 371. Judge Edith H. Jones wrote for the majority. She held that Section Two of the Fourteenth Amendment took precedence over the Eighth Amendment and that Richardson’s interpretation of Section Two “plainly authorized States’ felon disenfranchisement laws” regardless of the constitutional source of the challenge. In addition, she held that felon disenfranchisement “is not a punishment, much less cruel or unusual,” that the dissent erred in applying a categorical analysis, previously applied only to death penalty and juvenile offender life sentences, to permanent felony disenfranchisement, and that felony disenfranchisement did not satisfy the two prongs of the categorical analysis regardless. She again urged the plaintiffs to achieve change “through public consensus effectuated in the legislative process, not by judicial fiat.” Two judges concurred only in the judgment.

Judge James L. Dennis, joined by five other judges, dissented. He argued that Richardson did not control, that Section 241 was punishment, that the categorical approach applied because the case implicated “a particular type of [punishment] as it applies to an entire class of offenders who have committed a range of crimes,” and that felony disenfranchisement satisfied both the “national consensus” and the court’s “independent judgment” prongs of the categorical analysis.   

The plaintiffs petitioned for a writ of certiorari to the Supreme Court on November 20, 2024. However, the Supreme Court denied cert on January 27, 2025. 

On January 13, 2025, pursuant to the Fifth Circuit’s order, the district court dismissed the plaintiffs’ claims as to Section 241 with prejudice and dismissed the claims as to Section 253 without prejudice for lack of standing. As of April 14, 2026, this case is closed.

Summary Authors

Audrey Li (4/14/2026)

Related Cases

Harness v. Hosemann, Southern District of Mississippi (2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6510711/parties/hopkins-v-hosemann/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Esq., Justin Lee (Mississippi)

Expert/Monitor/Master/Other

Attorney, Carroll E. (Mississippi)

Berry, Patrick (Mississippi)

Counsel, Lauren Aguiar, (Mississippi)

Esq., Caroline Van (Mississippi)

show all people

Documents in the Clearinghouse

Document
1

3:18-cv-00188

Class Action Complaint for Declaratory and Injunctive Relief

Hopkins et al. v. Hosemann

March 27, 2018

March 27, 2018

Complaint
21

3:18-cv-00188

Order

Hopkins et al. v. Hosemann

Aug. 7, 2019

Aug. 7, 2019

Order/Opinion

2019 WL 8113392

165-1

19-60662

Published Opinion

U.S. Court of Appeals for the Fifth Circuit

Aug. 4, 2023

Aug. 4, 2023

Order/Opinion

76 F.4th 378

307-1

19-60662

Published Opinion

Hopkins v. Watson

U.S. Court of Appeals for the Fifth Circuit

July 18, 2024

July 18, 2024

Order/Opinion

108 F.4th 371

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6510711/hopkins-v-hosemann/

Last updated April 14, 2026, 11:04 p.m.

ECF Number Description Date Link Date / Link
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COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Delbert Hosemann ( Filing fee $ 400 receipt number 34643049466), filed by Earnest Willhite, Dennis Hopkins, Byron Demond Coleman, Walter Wayne Kuhn, Jr, Herman Parker, Jr, Jon O'Neal. (Attachments: # 1 Civil Cover Sheet)(cwl) (Entered: 03/27/2018)

1 Civil Cover Sheet

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March 27, 2018

March 27, 2018

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Summons Issued as to Delbert Hosemann. (cwl) (Entered: 03/27/2018)

March 27, 2018

March 27, 2018

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NOTICE of Appearance by Paloma Wu on behalf of All Plaintiffs (Wu, Paloma) (Entered: 03/28/2018)

March 28, 2018

March 28, 2018

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SUMMONS Returned Executed by Earnest Willhite, Dennis Hopkins, Byron Demond Coleman, Walter Wayne Kuhn, Jr, Herman Parker, Jr, Jon O'Neal. Delbert Hosemann served on 3/27/2018, answer due 4/17/2018. (Owens, Jody) (Entered: 03/28/2018)

March 28, 2018

March 28, 2018

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***ERROR***DISRGARD THIS ENTRY. MOTION for Jonathan K. Youngwood to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-3670908) by Byron Demond Coleman, Dennis Hopkins, Walter Wayne Kuhn, Jr, Jon O'Neal, Herman Parker, Jr, Earnest Willhite (Attachments: # 1 Exhibit A Supplement in Response to Question B, # 2 Exhibit B Certificate of Good Standing)(Owens, Jody) Modified on 3/28/2018 (cwl). (Entered: 03/28/2018)

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***ERROR***DISRGARD THIS ENTRY. MOTION for Isaac Rethy to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-3670925) by Byron Demond Coleman, Dennis Hopkins, Walter Wayne Kuhn, Jr, Jon O'Neal, Herman Parker, Jr, Earnest Willhite (Attachments: # 1 Exhibit A Supplement in Response to Question B, # 2 Exhibit B Certificate of Good Standing)(Owens, Jody) Modified on 3/28/2018 (cwl). (Entered: 03/28/2018)

1 Exhibit A Supplement in Response to Question B

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March 28, 2018

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***ERROR***DISRGARD THIS ENTRY. MOTION for Tyler A. Anger to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-3670934) by Byron Demond Coleman, Dennis Hopkins, Walter Wayne Kuhn, Jr, Jon O'Neal, Herman Parker, Jr, Earnest Willhite (Attachments: # 1 Exhibit A Supplement in Response to Question B, # 2 Exhibit B Certificate of Good Standing)(Owens, Jody) Modified on 3/28/2018 (cwl). (Entered: 03/28/2018)

1 Exhibit A Supplement in Response to Question B

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2 Exhibit B Certificate of Good Standing

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March 28, 2018

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***ERROR***DISRGARD THIS ENTRY. MOTION for Nihara K. Choudhri to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-3670941) by Byron Demond Coleman, Dennis Hopkins, Walter Wayne Kuhn, Jr, Jon O'Neal, Herman Parker, Jr, Earnest Willhite (Attachments: # 1 Exhibit A Supplement in Response to Question B, # 2 Exhibit B Certificate of Good Standing)(Owens, Jody) Modified on 3/28/2018 (cwl). (Entered: 03/28/2018)

1 Exhibit A Supplement in Response to Question B

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2 Exhibit B Certificate of Good Standing

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March 28, 2018

March 28, 2018

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MOTION for Jonathan K. Youngwood to Appear Pro Hac Vice by Byron Demond Coleman, Dennis Hopkins, Walter Wayne Kuhn, Jr, Jon O'Neal, Herman Parker, Jr, Earnest Willhite (Attachments: # 1 Exhibit A Supplement in Response to Question B, # 2 Exhibit B Certificate of Good Standing)(Owens, Jody) (Entered: 03/28/2018)

1 Exhibit A Supplement in Response to Question B

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March 28, 2018

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MOTION for Isaac Rethy to Appear Pro Hac Vice by Byron Demond Coleman, Dennis Hopkins, Walter Wayne Kuhn, Jr, Jon O'Neal, Herman Parker, Jr, Earnest Willhite (Attachments: # 1 Exhibit A Supplement in Response to Question B, # 2 Exhibit B Certificate of Good Standing)(Owens, Jody) (Entered: 03/28/2018)

1 Exhibit A Supplement in Response to Question B

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2 Exhibit B Certificate of Good Standing

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March 28, 2018

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MOTION for Tyler A. Anger to Appear Pro Hac Vice by Byron Demond Coleman, Dennis Hopkins, Walter Wayne Kuhn, Jr, Jon O'Neal, Herman Parker, Jr, Earnest Willhite (Attachments: # 1 Exhibit A Supplement in Response to Question B, # 2 Exhibit B Certificate of Good Standing)(Owens, Jody) (Entered: 03/28/2018)

1 Exhibit A Supplement in Response to Question B

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2 Exhibit B Certificate of Good Standing

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March 28, 2018

March 28, 2018

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MOTION for Nihara K. Choudhri to Appear Pro Hac Vice by Byron Demond Coleman, Dennis Hopkins, Walter Wayne Kuhn, Jr, Jon O'Neal, Herman Parker, Jr, Earnest Willhite (Attachments: # 1 Exhibit A Supplement in Response to Question B, # 2 Exhibit B Certificate of Good Standing)(Owens, Jody) (Entered: 03/28/2018)

1 Exhibit A Supplement in Response to Question B

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2 Exhibit B Certificate of Good Standing

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March 28, 2018

March 28, 2018

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DOCKET ANNOTATION as to #5,6,7 and 8: Any PDF fillable on-line forms once completed should be electronically converted to PDF by printing to the PDF printer. Save the file with an appropriate name in a folder. E-file the electronically converted PDF form, not the form which was filled in and saved. Motions 5, 6, 7, and 8 termed. (cwl)

March 28, 2018

March 28, 2018

DOCKET ANNOTATION as to # 5, 6, 7 and 8 : Any PDF fillable on-line forms once completed should be electronically converted to PDF by printing to the PDF printer. Save the file with an appropriate name in a folder. E-file the electronically converted PDF form, not the form which was filled in and saved. Motions 5, 6, 7, and 8 termed. (cwl)

March 28, 2018

March 28, 2018

13

MOTION for Lisa S. Graybill to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-3672424) by Byron Demond Coleman, Dennis Hopkins, Walter Wayne Kuhn, Jr, Jon O'Neal, Herman Parker, Jr, Earnest Willhite (Attachments: # 1 Exhibit A Supplement in Response to Question B, # 2 Exhibit B Certificate of Good Standing)(Owens, Jody) (Entered: 03/29/2018)

1 Exhibit A Supplement in Response to Question B

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March 29, 2018

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TEXT-ONLY ORDER granting 9 Motion to Appear Pro Hac Vice; granting 10 Motion to Appear Pro Hac Vice; granting 11 Motion to Appear Pro Hac Vice; granting 12 Motion to Appear Pro Hac Vice; granting and 13 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Linda R. Anderson on 4/02/2018. No further written order will issue. (WG)

April 2, 2018

April 2, 2018

14

NOTICE of Appearance by Justin L. Matheny-State Gov on behalf of Delbert Hosemann (Matheny-State Gov, Justin) (Entered: 04/05/2018)

April 5, 2018

April 5, 2018

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NOTICE Notice of Filing Motion for Consolidation in Harness v. Hosemann by Delbert Hosemann (Attachments: # 1 Exhibit 1 - Harness Motion for Consolidation, # 2 Exhibit 2 - Harness Memorandum Supporting Motion for Consolidation)(Matheny-State Gov, Justin) (Entered: 04/05/2018)

1 Exhibit 1 - Harness Motion for Consolidation

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2 Exhibit 2 - Harness Memorandum Supporting Motion for Consolidation

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April 5, 2018

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ANSWER to 1 Complaint, by Delbert Hosemann.(Matheny-State Gov, Justin) (Entered: 04/17/2018)

April 17, 2018

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Rule 16(a) Initial Order Telephonic Case Management Conference set for 5/21/2018 03:30 PM before Magistrate Judge Linda R. Anderson. No later than seven (7) days prior to the TCMC, a confidential memorandum AND a proposed Case Management Order shall be submitted via e-mail to anderson_chambers@mssd.uscourts.gov. Counsel for Plaintiff shall initiate the conference call; and once all parties are on the line, contact the Court at 601-608-4440. (WG) (Entered: 04/19/2018)

April 19, 2018

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18

MOTION for Janet A. Gochman to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-3707906) by Byron Demond Coleman, Dennis Hopkins, Walter Wayne Kuhn, Jr, Jon O'Neal, Herman Parker, Jr, Earnest Willhite (Attachments: # 1 Exhibit 1 Certificate of Good Standing)(Owens, Jody) (Entered: 05/08/2018)

1 Exhibit 1 Certificate of Good Standing

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May 8, 2018

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TEXT-ONLY ORDER granting 18 Motion to Appear Pro Hac Vice of JANET A. GOCHMAN. Signed by Magistrate Judge Linda R. Anderson on 5/9/2018. No further written order will issue. (WG)

May 9, 2018

May 9, 2018

19

NOTICE of Service of Plaintiffs' Initial Disclosure by Byron Demond Coleman, Dennis Hopkins, Walter Wayne Kuhn, Jr, Jon O'Neal, Herman Parker, Jr, Earnest Willhite (Wu, Paloma) (Entered: 05/10/2018)

May 10, 2018

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Minute Entry for proceedings held before Magistrate Judge Linda R. Anderson: Telephonic Case Management Conference convened on 5/21/2018. Appearances: Janet Gochman, Paloma Wu, Jody Owens II, Nihara Choudhri, Johnathan Youngwood and Justin Matheny. Court discussed case with parties. There is presently pending a Motion to Consolidate this case with civil action 3:17cv791. Court will reschedule the telephonic case management conference after a ruling has been made on the Motion to Consolidate if appropriate. (WG)

May 21, 2018

May 21, 2018

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NOTICE of Service of Disclosure by Delbert Hosemann (Matheny-State Gov, Justin) (Entered: 06/25/2018)

June 25, 2018

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ORDER STAYING CASE, Case association terminated: to 3:17-cv-00791-DPJ-FKB. Signed by Chief District Judge Daniel P. Jordan, III on 8/7/19 (LAT) (Entered: 08/07/2019)

Aug. 7, 2019

Aug. 7, 2019

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22

MOTION for Caren E. Short to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-4060698) by Byron Demond Coleman, Dennis Hopkins, Walter Wayne Kuhn, Jr, Jon O'Neal, Herman Parker, Jr, Earnest Willhite (Wu, Paloma) (Entered: 08/14/2019)

Aug. 14, 2019

Aug. 14, 2019

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MOTION for Nancy G. Abudu to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-4060715) by Byron Demond Coleman, Dennis Hopkins, Walter Wayne Kuhn, Jr, Jon O'Neal, Herman Parker, Jr, Earnest Willhite (Wu, Paloma) (Entered: 08/14/2019)

Aug. 14, 2019

Aug. 14, 2019

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***ERROR*** DISREGARD THIS ENTRY*** MOTION for Caren E. Short to Appear Pro Hac Vice by Byron Demond Coleman, Dennis Hopkins, Walter Wayne Kuhn, Jr, Jon O'Neal, Herman Parker, Jr, Earnest Willhite (Attachments: # 1 Exhibit Client List, # 2 Exhibit Certificate of Good Standing)(Wu, Paloma) Modified on 8/15/2019 (KNS). (Entered: 08/15/2019)

1 Exhibit Client List

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Aug. 15, 2019

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***ERROR***DISREGARD THIS ENTRY*** MOTION for Nancy G. Abudu to Appear Pro Hac Vice by Byron Demond Coleman, Dennis Hopkins, Walter Wayne Kuhn, Jr, Jon O'Neal, Herman Parker, Jr, Earnest Willhite (Attachments: # 1 Exhibit Client List, # 2 Exhibit Certificate of Good Standing)(Wu, Paloma) Modified on 8/15/2019 (KNS). (Entered: 08/15/2019)

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Aug. 15, 2019

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NOTICE of Appearance by Krissy C. Nobile on behalf of Delbert Hosemann (Nobile, Krissy) (Entered: 08/15/2019)

Aug. 15, 2019

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DOCKET ANNOTATION as to 22 and 23 : Motions and exhibits are filed as one main document. Exhibits should be scanned separately and docketed as properly identified attachments to the main document within the same docket entry.Attorney is directed to follow this procedure in future filings. L.U.Civ.R. 7.(b)(2). (KNS)

Aug. 15, 2019

Aug. 15, 2019

DOCKET ANNOTATION as to 24 and 25: These documents appear to be duplicate filings. Therefore, Docs. 24 and 25 should be disregarded. (KNS)

Aug. 15, 2019

Aug. 15, 2019

DOCKET ANNOTATION as to 24 and 25 : These documents appear to be duplicate filings. Therefore, Docs. 24 and 25 should be disregarded. (KNS)

Aug. 15, 2019

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27

NOTICE OF INTERLOCUTORY APPEAL by Delbert Hosemann. (Attachments: # 1 Exhibit A - Petition for Permission to Appeal under Fed. R. App. P. 5 and 28 U.S.C. § 1292(b))(Nobile, Krissy) (Entered: 08/19/2019)

1 Exhibit A - Petition for Permission to Appeal under Fed. R. App. P. 5 and 28 U.S

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Aug. 19, 2019

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NOTICE of Filing Petition for Permission to Appeal by Byron Demond Coleman, Dennis Hopkins, Walter Wayne Kuhn, Jr, Jon O'Neal, Herman Parker, Jr, Earnest Willhite (Attachments: # 1 Exhibit A_Petition for Permission to Appeal)(Wu, Paloma) (Entered: 08/19/2019)

1 Exhibit A_Petition for Permission to Appeal

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Aug. 19, 2019

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NOTICE Amended Notice of Filing Petition for Permission to Appeal by Byron Demond Coleman, Dennis Hopkins, Walter Wayne Kuhn, Jr, Jon O'Neal, Herman Parker, Jr, Earnest Willhite re 28 Notice (Other), (Attachments: # 1 Exhibit A_Petition for Permission to Appeal)(Wu, Paloma) (Entered: 08/19/2019)

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Aug. 19, 2019

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TEXT-ONLY ORDER granting 22 Motion to Appear Pro Hac Vice; granting 23 Motion to Appear Pro Hac Vice. That Caren E. Short and Nancy G. Abudu be admitted pro hac vice in this case on behalf of the plaintiffs in association with local counsel and upon registration for electronic filing as required by the Court. No further written order shall issue from the Court. Signed by Magistrate Judge F. Keith Ball on 8/19/2019 (JEJ)

Aug. 19, 2019

Aug. 19, 2019

30

NOTICE OF APPEAL as to 21 Order Staying Case, Terminate Case Associations by Delbert Hosemann. Filing fee $ 505, receipt number 0538-4078799. Appeal Record due by 10/8/2019 (Matheny-State Gov, Justin) (Entered: 09/03/2019)

Sept. 3, 2019

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USCA Letter in re USCA Case Number 19-60662 for 30 Notice of Appeal filed by Delbert Hosemann. (ND) (Entered: 09/09/2019)

Sept. 9, 2019

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Certified and Transmitted electronically Record on Appeal to US Court of Appeals in re 30 Notice of Appeal. (ND)

Sept. 10, 2019

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ORDER of USCA as to 27 Notice of Interlocutory Appeal filed by Delbert Hosemann in re USCA Case no. 19-90024 and 19-60678. (Attachments: # 1 USCA Cover Letter)(ND) (Entered: 09/11/2019)

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Sept. 11, 2019

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USCA Appeal Fees received, $ 505.00, receipt number 34643056338 in re 27 Notice of Interlocutory Appeal filed by Delbert Hosemann. (ND)

Sept. 11, 2019

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USCA Appeal Fees received: $ 505.00, receipt number 34643056375, in re 29 NOTICE Amended Notice of Filing Petition for Permission to Appeal by Byron Demond Coleman, Dennis Hopkins, Walter Wayne Kuhn, Jr, Jon O'Neal, Herman Parker, Jr., Earnest Willhite. (ND)

Sept. 13, 2019

Sept. 13, 2019

ELECTRONIC RECORD ON APPEAL ACCEPTED : The Court of Appeals has accepted the Electronic Record on Appeal and it is available for attorney access and download at http://http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf using credentials provided to you by the Clerk of that Court. COUNSEL MUST HAVE AN APPEARANCE FORM ON FILE. If you have not filed it and/or have just filed it, please allow 3-5 days for processing. Requirements: Java 1.7, Adobe Acrobat Reader 11, turn off pop up blockers or add CM/ECF filing system to approved pop up settings. (ND)

Sept. 13, 2019

Sept. 13, 2019

ELECTRONIC RECORD ON APPEAL ACCEPTED : The Court of Appeals has accepted the Electronic Record on Appeal and it is available for attorney access and download at http://http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf using credentials provided to you by the Clerk of that Court. COUNSEL MUST HAVE AN APPEARANCE FORM ON FILE. If you have not filed it and/or have just filed it, please allow 3-5 days for processing. Requirements: Java 1.7, Adobe Acrobat Reader 11, turn off pop up blockers or add CM/ECF filing system to approved pop up settings. (ND)

Sept. 18, 2019

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ORDER of USCA in re 27 Notice of Interlocutory Appeal filed by Delbert Hosemann and 30 Notice of Appeal filed by Delbert Hosemann. (Attachments: # 1 USCA Motion to Supplement)(ND) (Entered: 09/25/2019)

1 USCA Motion to Supplement

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Sept. 25, 2019

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Certified and Transmitted Supplemental Record on Appeal to US Court of Appeals in re 27 Notice of Interlocutory Appeal and 30 Notice of Appeal. (ND)

Sept. 25, 2019

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ELECTRONIC SUPPLEMENTAL RECORD ON APPEAL ACCEPTED : The Court of Appeals has accepted the Electronic Record on Appeal and it is available for attorney access and download at http://http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf using credentials provided to you by the Clerk of that Court. COUNSEL MUST HAVE AN APPEARANCE FORM ON FILE. If you have not filed it and/or have just filed it, please allow 3-5 days for processing. Requirements: Java 1.7, Adobe Acrobat Reader 11, turn off pop up blockers or add CM/ECF filing system to approved pop up settings. (ND)

Sept. 27, 2019

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MOTION to Withdraw as Attorney by Byron Demond Coleman, Dennis Hopkins, Walter Wayne Kuhn, Jr, Jon O'Neal, Herman Parker, Jr, Earnest Willhite (Owens, Jody) (Entered: 12/19/2019)

Dec. 19, 2019

Dec. 19, 2019

RECAP

TEXT-ONLY ORDER granting Motion 34 to Withdraw as Attorney. Attorney Jody E. Owens, II terminated. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge F. Keith Ball on 12/20/2019. (dcw)

Dec. 20, 2019

Dec. 20, 2019

35

MOTION to Withdraw as Attorney by Byron Demond Coleman, Dennis Hopkins, Walter Wayne Kuhn, Jr, Jon O'Neal, Herman Parker, Jr, Earnest Willhite (Wu, Paloma) (Entered: 02/21/2020)

Feb. 21, 2020

Feb. 21, 2020

RECAP

TEXT-ONLY ORDER granting Motion 35 to Withdraw as Attorney. Attorney Paloma Wu terminated. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge F. Keith Ball on 2/24/2020. (dcw)

Feb. 24, 2020

Feb. 24, 2020

36

MOTION to Withdraw as Attorney by Byron Demond Coleman, Dennis Hopkins, Walter Wayne Kuhn, Jr, Jon O'Neal, Herman Parker, Jr, Earnest Willhite (Graybill - PHV, Lisa) (Entered: 07/31/2020)

July 31, 2020

July 31, 2020

RECAP

TEXT-ONLY ORDER granting 36 Motion to Withdraw as Attorney. Attorney Lisa S. Graybill - PHV terminated. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge F. Keith Ball on 3/29/2021. (dcw)

March 29, 2021

March 29, 2021

37

MOTION to Withdraw as Attorney by Delbert Hosemann (Nobile - State Gov, Krissy) (Entered: 04/29/2021)

April 29, 2021

April 29, 2021

RECAP

TEXT-ONLY ORDER granting 37 Motion to Withdraw as Attorney. Attorney Krissy C. Nobile - State Gov terminated. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge F. Keith Ball on 4/30/2021. (dcw)

April 30, 2021

April 30, 2021

38

NOTICE of Appearance by Jade Olivia Morgan on behalf of All Plaintiffs (Morgan, Jade) (Entered: 01/20/2022)

Jan. 20, 2022

Jan. 20, 2022

RECAP
39

MOTION to Withdraw as Attorney Caren E. Short by Byron Demond Coleman, Dennis Hopkins, Walter Wayne Kuhn, Jr, Jon O'Neal, Herman Parker, Jr, Earnest Willhite (Morgan, Jade) (Entered: 04/22/2022)

April 22, 2022

April 22, 2022

RECAP
40

ORDER of USCA as to 30 Notice of Appeal filed by Delbert Hosemann. The court has granted the motion of attorney Caren E. Short to withdraw as counsel for Appellees/Cross-appellants. (PG) (Entered: 04/25/2022)

April 25, 2022

April 25, 2022

RECAP

TEXT-ONLY ORDER granting 39 Motion to Withdraw as Attorney. Attorney Caren E. Short - PHV terminated. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge F. Keith Ball on 4/25/2022. (dcw)

April 25, 2022

April 25, 2022

41

MOTION to Withdraw as Attorney for Isaac M. Rethy by Byron Demond Coleman, Dennis Hopkins, Walter Wayne Kuhn, Jr, Jon O'Neal, Herman Parker, Jr, Earnest Willhite (Youngwood, Jonathan) (Entered: 05/11/2023)

May 11, 2023

May 11, 2023

RECAP

TEXT-ONLY ORDER granting 41 Motion to Withdraw as Attorney. Attorney Isaac M. Rethy-PHV terminated. No further written order shall issue from the Court. Signed by Magistrate Judge F. Keith Ball on 3/12/2023 (MAM)

May 12, 2023

May 12, 2023

42

***ERROR***Disregard this entry.***First MOTION to Withdraw as Attorney Nancy Adubu by Dennis Hopkins (Morgan, Jade) Modified on 5/22/2023 (PG). (Entered: 05/22/2023)

May 22, 2023

May 22, 2023

RECAP
43

Amended MOTION to Withdraw as Attorney Nancy Adubu, First MOTION to Withdraw Nancy Adubu by Dennis Hopkins (Morgan, Jade) (Entered: 05/22/2023)

May 22, 2023

May 22, 2023

RECAP

DOCKET ANNOTATION as to Doc # 42 Attorney advises that there is an error in this entry, and it should be disregarded. It has been correctly refiled as Doc # 43. (PG)

May 22, 2023

May 22, 2023

DOCKET ANNOTATION as to Doc # 42 Attorney advises that there is an error in this entry, and it should be disregarded. It has been correctly refiled as Doc # 43 . (PG)

May 22, 2023

May 22, 2023

TEXT-ONLY ORDER granting 43 Motion to Withdraw as Attorney. Attorney Nancy G. Abudu-PHV terminated. No further written order shall issue from the Court. Signed by Magistrate Judge F. Keith Ball on 5/23/2023 (MAM)

May 23, 2023

May 23, 2023

44

MOTION to Withdraw as Attorney | Leave to Withdraw Tyler Anger as Counsel by Byron Demond Coleman, Dennis Hopkins, Walter Wayne Kuhn, Jr, Jon O'Neal, Herman Parker, Jr, Earnest Willhite (Youngwood, Jonathan) (Entered: 08/09/2023)

Aug. 9, 2023

Aug. 9, 2023

Order on Motion to Withdraw as Attorney

Aug. 10, 2023

Aug. 10, 2023

TEXT-ONLY ORDER granting 44 Motion to Withdraw as Attorney. Attorney Tyler A. Anger - PHV terminated. No further written order shall issue from the Court. Signed by Magistrate Judge F. Keith Ball on 8/10/2023 (MAM)

Aug. 10, 2023

Aug. 10, 2023

45

NOTICE of Appearance by Leslie Faith Jones on behalf of All Plaintiffs (Jones, Leslie Faith) (Entered: 08/17/2023)

Aug. 17, 2023

Aug. 17, 2023

46

MOTION for Ahmed Soussi to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5198708) by Byron Demond Coleman, Dennis Hopkins, Walter Wayne Kuhn, Jr, Jon O'Neal, Herman Parker, Jr, Earnest Willhite (Attachments: # 1 Exhibit Certificate of Good Standings)(Jones, Leslie Faith) (Entered: 08/28/2023)

Aug. 28, 2023

Aug. 28, 2023

Order on Motion to Appear Pro Hac Vice

Aug. 29, 2023

Aug. 29, 2023

TEXT-ONLY ORDER granting 46 Motion to Appear Pro Hac Vice. That Attorney Ahmed Soussi be admitted pro hac vice in this case on behalf of Plaintiffs in association with local counsel conditioned upon completion of the registration procedures found on the Courts website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. No further written order shall issue from the Court. Signed by Magistrate Judge F. Keith Ball on 8/29/2023. (JEJ)

Aug. 29, 2023

Aug. 29, 2023

47

USCA ORDER. IT IS ORDERED that the motion of Separation of Powers Clinicfor leave to file an amicus curiae brief in support of rehearing en banc isGRANTED. (Attachments: # 1 USCA Cover Letter)(PG) (Entered: 09/29/2023)

Sept. 29, 2023

Sept. 29, 2023

48

ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Andrew S. Harris for all further proceedings. Magistrate Judge F. Keith Ball no longer assigned to case. Signed by Chief District Judge Daniel P. Jordan, III on 3/1/2024 (KNS) (Entered: 03/01/2024)

March 1, 2024

March 1, 2024

Remark

March 1, 2024

March 1, 2024

Remark: Parties should include the newly assigned Magistrate Judge's initials ASH on future filings. (KNS)

March 1, 2024

March 1, 2024

49

Copy of Opinion - USCA

Aug. 9, 2024

Aug. 9, 2024

50

Certified Copy of USCA Judgment/Mandate

Aug. 9, 2024

Aug. 9, 2024

51

Order

Sept. 10, 2024

Sept. 10, 2024

52

Response to Order

Sept. 17, 2024

Sept. 17, 2024

53

Status Report

Sept. 17, 2024

Sept. 17, 2024

Notice of Hearing

Sept. 26, 2024

Sept. 26, 2024

Order

Sept. 30, 2024

Sept. 30, 2024

Telephone Conference

Sept. 30, 2024

Sept. 30, 2024

54

Miscellaneous Relief

Oct. 11, 2024

Oct. 11, 2024

55

Memorandum in Support of Motion

Oct. 11, 2024

Oct. 11, 2024

56

Response to Motion

Oct. 25, 2024

Oct. 25, 2024

57

Rebuttal

Nov. 1, 2024

Nov. 1, 2024

58

ORDER granting 54 Motion for Entry of Judgment. IT IS FURTHER ORDERED that Plaintiff's counsel are officially Plaintiffs Rule 23(g) class counsel nunc pro tunc to the date of class certification. A separate judgment will be entered under Federal Rules of Civil Procedure 23(c)(3)(A) and 58. Signed by District Judge Daniel P. Jordan, III on 1/13/2025 (PG) (Entered: 01/13/2025)

Jan. 13, 2025

Jan. 13, 2025

59

JUDGMENT. Plaintiffs' claims as to section 241 of the Mississippi Constitution are dismissed with prejudice; their claims as to section 253 of the Mississippi Constitution are dismissed without prejudice for lack of standing. Finally, this judgment includes and applies to Plaintiffs and their plaintiff class, as defined in the Court's class-certification Order 89 . See Harness v. Hosemann, 3:17-CV-791. Signed by District Judge Daniel P. Jordan, III on 1/13/2025 (PG) (Entered: 01/13/2025)

Jan. 13, 2025

Jan. 13, 2025

60

Writ of Certiorari Denied - Supreme Court

Jan. 27, 2025

Jan. 27, 2025

Case Details

State / Territory:

Mississippi

Case Type(s):

Election/Voting Rights

Criminal Justice (Other)

Key Dates

Filing Date: March 27, 2018

Closing Date: Jan. 13, 2025

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Six named plaintiffs on behalf of a class of permanently disenfranchised Mississippi citizens who had completed their sentences.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Mississippi Secretary of State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Equal Protection

Freedom of speech/association

Other Dockets:

Southern District of Mississippi 3:18-cv-00188

U.S. Court of Appeals for the Fifth Circuit 19-60662

U.S. Court of Appeals for the Fifth Circuit 19-60678

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Sought:

Declaratory judgment

Injunction

Relief Granted:

None

Source of Relief:

None

Issues

Discrimination Area:

Disparate Impact

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

Voting:

Voter qualifications

Voter registration rules

Voting: General & Misc.

Recommended Citation