Case: Brown v. Lenoir County Board Of

This is case about alleged election rigging in North Carolina. On April 10, 2020, plaintiff, an African-American veteran and political candidate, filed a Motion for Leave to Proceed in Forma Pauperis attaching a proposed complaint in the Eastern District of North Carolina. Plaintiff's proposed complaint named Lenoir County Board of Elections, North Carolina Board of Elections, and two individuals as defendants. The complaint asserted a conspiracy to violate his rights under the First and Fourteenth Amendments of the United States Constitution and Chapter 163 of the North Carolina General Statutes to run for public office by state and county boards of elections and other individuals. Plaintiff alleged the named defendants conspired to “rig” the results of the March 2020 Democratic Party primary election for North Carolina House of Representatives District 12. Plaintiff brought four claims for relief pursuant to 42 U.S.C. §§ 1981 & 1983, and invoked the court’s jurisdiction pursuant to 28 U.S.C. §§ 1331 & 1343. 

In his first claim for relief, Plaintiff claimed that the primary election results from March 3, 2020 for N.C. House District 12 “must be invalidated” because Virginia Cox-Daugherty, the winner of the Democratic Party primary election, did not pay her candidate filing fee by the December 20, 2019, noon deadline. In his second claim for relief, Plaintiff alleged that the March 3, 2020, Democratic Party primary for N.C. House District 12 “was rigged to favor Candidate Virginia Cox-Daugherty over all other candidates in the race.” Plaintiff's third claim for relief was similar in substance to the second claim, insofar as Plaintiff alleged a conspiracy to rig the results of the Democratic Party primary election for N.C. House District 12. Plaintiff's fourth claim for relief alleged defendants developed and maintained policies, procedures, customs, and/or practices exhibiting a "deliberate indifference to the constitutional rights of black male candidates." Plaintiff also asserted claims under the Equal Protection Clause of the 14th Amendment of the Constitution. The case was assigned to District Judge Louise Wood Flanagan. 

On April 10, 2020, plaintiff also filed an Emergency Motion to stop the certification of the March 3, 2020, Democratic Party primary election for N.C. House District 12. The motion repeated the first two claims alleged in plaintiff's proposed complaint. In addition, plaintiff filed a Notice of Self-Representation and a Financial Disclosure Statement.

On April 1, 2021, the court officially filed the complaint and Magistrate Judge Kimberly Swank issued a Report and Recommendation that the motion to proceed in forma pauperis be granted and that the complaint be dismissed. The Magistrate Judge recommended plaintiff's Section 1981 claims be dismissed as Section 1981 prohibits racial discrimination in the creation and enforcement of contracts, but plaintiff made no allegation that he had a contract with any defendant. The Magistrate Judge recommended plaintiff's Section 1983 claims be dismissed as they failed to allege facts sufficient to support a finding that the alleged unconstitutional action was taken pursuant to an official policy, procedure, or custom of the local governing body. The Magistrate Judge recommended plaintiff's first claim be denied since the claim that Ms. Cox-Daugherty did not pay her candidate filing fee on time was belied by information published by the State Board of Elections and by the Form CRO 1210 that plaintiff included with his proposed complaint. As to the second claim regarding election rigging, the Magistrate Judge found no conspiracy and recommended it be dismissed as frivolous or for failure to state a claim. The Magistrate Judge also recommended dismissal of the third claim for relief as plaintiff alleged no facts to support a plausible claim that defendants conspired to interfere with the March 2020 election. The Magistrate Judge recommended dismissal of the fourth claim for relief as plaintiff failed to plead facts sufficient to support a finding that any unconstitutional action by individuals was made pursuant to official policy, Lastly, the Magistrate Judge recommended dismissal of plaintiff claims under the Equal Protection clause of the 14th Amendment as plaintiff pleaded no facts sufficient to support a finding that defendants had a conspiratorial agreement to violate Plaintiff’s rights motivated by racial animus.

On April 26, 2021, District Judge Louise Wood Flanagan issued an order adopting the Magistrate's Report and Recommendation as her own and dismissed the case without prejudice. Judgment was entered the same day. No appeal was filed.