Case: Davis v. Benson

1:20-cv-00981 | U.S. District Court for the Western District of Michigan

Filed Date: Oct. 14, 2020

Closed Date: Aug. 27, 2021

Clearinghouse coding complete

Case Summary

This is of one of several cases filed by the same Plaintiff primarily challenging the legality of unsolicited absentee voter applications in Michigan. Plaintiff sought to invalidate votes casted by Michigan voters who applied to vote by absentee ballot using unsolicited absentee voter applications that were sent to every voter in Michigan for the 2020 general election. Plaintiff, a resident of Highland Park, an enclave of Detroit, alleged that he had been denied equal protection because the Hig…

This is of one of several cases filed by the same Plaintiff primarily challenging the legality of unsolicited absentee voter applications in Michigan. Plaintiff sought to invalidate votes casted by Michigan voters who applied to vote by absentee ballot using unsolicited absentee voter applications that were sent to every voter in Michigan for the 2020 general election. Plaintiff, a resident of Highland Park, an enclave of Detroit, alleged that he had been denied equal protection because the Highland Park City Clerk did not mail him an unsolicited absentee voter application to vote by absentee ballot, whereas other Detroit voters were sent such applications. (Plaintiff omitted from his complaint the fact he was mailed an unsolicited absentee voter application by the Michigan Department of Elections, albeit not by the Highland Park City Clerk). Plaintiff also alleged that the unsolicited absentee voter applications sent to Detroit voters were unlawful (alleging that Defendants met privately and secretly and conspired to develop a plan for the unlawful mass mailing of absentee ballot absentee voter applications) and that the unsolicited absentee voter applications sent to voters in Detroit (a city Plaintiff characterized as “predominantly democratic”) diluted Plaintiff’s vote for a particular Republican candidate in the Michigan Supreme Court. Plaintiff further sought declaratory judgements under state law.

Plaintiff filed suit in the U.S. District Court for the Western District of Michigan (Southern Division) on October 14, 2020. Defendants included Michigan Secretary of State, Detroit City Clerk, and Detroit Department of Election. Plaintiff was represented by private counsel. Plaintiffs cited 42 U.S.C. § 1983 and sought to redress the deprivation of rights secured by the United States Constitution. The case was assigned to Judge Paul Maloney.

The Complaint included four counts. Count I stated that Plaintiff had been denied equal protection of law because the Highland Park City Clerk did not mail him an unsolicited absentee voter application, whereas other Detroit voters were sent unsolicited absentee voter applications. Count II stated that the unsolicited absentee voter applications sent to Detroit voters were unlawful (alleging that Defendants met privately and secretly and conspired to develop a plan for the unlawful mass mailing of absentee ballot absentee voter applications) and that the unsolicited absentee voter applications sent to voters in Detroit diluted Plaintiff’s vote for a particular Republican candidate in the Michigan Supreme Court. Count III sought declaratory judgement under Michigan state law that absentee ballots procured in Detroit using the unsolicited absentee voter applications should not be counted. Count IV sought declaratory judgement under Michigan state law that Public Act 177 of 2020—an act that allowed city and township clerks with populations of 25,000 residents or more to begin processing returned absentee ballots a day before the November 3, 2020 general election—was not properly enacted in accordance with Michigan Constitution. Plaintiff filed an emergency motion for a temporary restraining order or a preliminary injunction with respect to Count I as well as an emergency motion for partial summary judgment with respect to Count IV.

The Court denied both emergency motions on October 30, 2020. The Court denied the motion for Count I for procedural reasons, and the Court also found that Plaintiff had not demonstrated a likelihood of success on the merits. The Court stated that (1) Plaintiff provided no basis for personal knowledge for his allegations that Defendants met privately and secretly and conspired to develop a plan for the unlawful mass mailing of absentee ballot absentee voter applications—an assertion that was contrary to his allocations made in another lawsuit Plaintiff filed in a state court, (2) Plaintiff’s allegations did not amount to illegal conduct, and (3) Plaintiff likely had not stated a claim because while Plaintiff might not have received an absentee ballot absentee voter application from Highland Park, such failure was not caused by the actions of Defendants. The Court denied the motion for Count IV because (1) it would foreclose Defendants 'opportunity for a hearing, (2) Plaintiff’s alleged injury did not arise from the acts of Defendants, and (3) the Court declined to exercise supplemental jurisdiction over this state law claim because the operative facts giving rise to the first three counts (the mailing of unsolicited absentee ballot applications) and the operative facts giving rise to the fourth count (early processing of absentee ballots) were distinct.

Defendants subsequently filed a motion to dismiss under rule 12(b)(6) on November 18, 2020. For Count I, Defendants argued that Plaintiff omitted from his complaint the fact Plaintiff was mailed an unsolicited absentee voter application by the Michigan Department of Elections, and since every voter in Michigan (except those on the permanent list to vote absentee) was mailed an unsolicited absentee voter application, it was “impossible to discern an equal protection violation.” For Count II, Defendants argued that there would be no dilution because even if every single vote casted in Detroit for the Supreme Court race were disregarded, the candidate Plaintiff voted for would still lose the election, and thus, Plaintiff’s dilution claim lacked causation, injury, and damages. For Count III, Defendants stated that Detroit had already completed counting/tally of votes, and thus the relief sought was moot. Defendants also urged the Court to decline exercising supplemental jurisdiction over Count III if the Court dismissed Counts I and II.

On December 9, 2020, Plaintiff amended the Complaint in response and added Highland Park City Clerk as a co-defendant. Amended Count I alleged that Defendants violated Plaintiff’s right to equal protection because Defendants failed to provide funds to all local clerks to pay for costs associated with mass mailing unsolicited absentee voter applications. Amended Count II alleged that Defendants violated Plaintiff’s procedural due process rights by denying his request for post-election audits with respect to the unsolicited absentee voter applications. Amended Count III alleged that Defendants violated his equal rights protection by treating his request for post-election audits differently than other similar requests. Amended Count IV alleged that Defendants violated his equal protection rights by treating his request for the Secretary of State to refer a particular prosecutor to the Attorney General for prosecution differently than other similar requests. Amended Count V alleged that Defendant Winfrey (Detroit City Clerk) violated Plaintiff’s procedural due process rights by denying his right to witness and observe tallying of votes in voting precincts after polls closed. Amended Count VI alleged that Defendant Green (Highland Park City Clerk) violated Plaintiff’s procedural due process rights by denying his right to witness and observe tallying of votes in voting precincts after polls closed on election night.

Plaintiff subsequently stipulated to the dismissal of Amended Counts I, II, III, IV, and VI, with Amended Count V being the only claim pending before the Court. The Court then dismissed Amended Count V for failing to allege sufficient facts to state a claim. The Court explained that in the Sixth Circuit, “plaintiffs can establish a claim for violation of procedural due process either by showing (1) they were deprived of a liberty or property as the result of established state procedures that themselves violate due process or (2) the defendants deprived the plaintiffs of a liberty or property interest through a random and unauthorized act and that the available state remedies would not adequately compensate for the loss.” The Court stated that even if Plaintiff’s claim fell under the second category of cases, the Complaint was “utterly silent as to the inadequacy of the [state] remedy,” the lack of which was fatal. The Court therefore dismissed the claim and terminated the action. 

Summary Authors

Miao Liu (12/19/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18573050/parties/davis-v-benson/


Judge(s)

Maloney, Paul Lewis (Michigan)

Attorney for Plaintiff

Paterson, Andrew A. (Michigan)

Attorney for Defendant

Noseda, James D. (Michigan)

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Documents in the Clearinghouse

Document
1

1:20-cv-00981

Complaint

Oct. 14, 2020

Oct. 14, 2020

Complaint
4

1:20-cv-00981

Plaintiff's Motion for Partial Summary Judgment

Oct. 28, 2020

Oct. 28, 2020

Pleading / Motion / Brief
6

1:20-cv-00981

Plaintiff's Motion for Temporary Restraining Order

Oct. 29, 2020

Oct. 29, 2020

Pleading / Motion / Brief
12

1:20-cv-00981

Order Denying Motion for TRO

Oct. 30, 2020

Oct. 30, 2020

Order/Opinion
13

1:20-cv-00981

Order Denying Motion for Partial Summary Judgment

Oct. 30, 2020

Oct. 30, 2020

Order/Opinion
16

1:20-cv-00981

Motion to Dismiss Under Rule 12(b)(6)

Nov. 18, 2020

Nov. 18, 2020

Pleading / Motion / Brief
19

1:20-cv-00981

First amended complaint

Dec. 9, 2020

Dec. 9, 2020

Complaint
23

1:20-cv-00981

Motion to Dismiss for Failure to State a Claim

Dec. 16, 2020

Dec. 16, 2020

Pleading / Motion / Brief
26

1:20-cv-00981

Order on Motion to Dismiss (Dkt. 16)

Dec. 18, 2020

Dec. 18, 2020

Order/Opinion
29

1:20-cv-00981

Motion to Dismiss under Rule 12(b)(6)

Jan. 5, 2021

Jan. 5, 2021

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18573050/davis-v-benson/

Last updated March 9, 2024, 6:56 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with jury demand against All Defendants filed by Robert Davis (Paterson, Andrew) (Entered: 10/14/2020)

Oct. 14, 2020

Oct. 14, 2020

Clearinghouse

FILING FEE PAID re 1 by plaintiff Robert Davis in the amount of $400, receipt number AMIWDC-5805003 (Paterson, Andrew)

Oct. 14, 2020

Oct. 14, 2020

PACER
2

PROPOSED SUMMONS to be issued re 1 (Attachments: # 1 Summons, # 2 Summons) (Paterson, Andrew) (Entered: 10/14/2020)

Oct. 14, 2020

Oct. 14, 2020

PACER
3

EMERGENCY NOTICE re 1 to the Court Requesting the Court to Immediately Assign Case and Issue Summons by plaintiff Robert Davis (Paterson, Andrew) Modified text on 10/30/2020 (ems). (Entered: 10/22/2020)

Oct. 22, 2020

Oct. 22, 2020

PACER
4

EMERGENCY MOTION for partial summary judgment with respect to Count IV ONLY of Complaint by plaintiff Robert Davis; (Paterson, Andrew) (Entered: 10/28/2020)

Oct. 28, 2020

Oct. 28, 2020

Clearinghouse
5

EMERGENCY MOTION to expedite Briefing, Scheduling and Adjudication of Plaintiff's Emergency Motion for Partial Summary Judgment with respect to Count IV of Complaint 1 (ECF No. 4). by plaintiff Robert Davis; (Attachments: # 1 Exhibit A - Public Act 177 of 2020) (Paterson, Andrew) Modified text on 10/30/2020 (ems). (Entered: 10/28/2020)

Oct. 28, 2020

Oct. 28, 2020

PACER
6

EMERGENCY MOTION for temporary restraining order or in the Alternative, Motion for Preliminary Injunction with Respect to Count I of the Complaint 1 by plaintiff Robert Davis; (Paterson, Andrew) Modified text on 10/30/2020 (ems). (Entered: 10/29/2020)

Oct. 29, 2020

Oct. 29, 2020

Clearinghouse
7

NOTICE that this case has been assigned Paul L. Maloney (ems) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER
8

SUMMONS ISSUED as to defendants Jocelyn Benson, Detroit Department of Elections, Janice Winfrey (ems) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER
9

CERTIFICATE of compliance re word count for EMERGENCY MOTION for temporary restraining order or in the Alternative, Motion for Preliminary Injunction with Respect to Count I of the Complaint 1 6 filed by Robert Davis (Paterson, Andrew) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER
10

CERTIFICATE of compliance re word count for EMERGENCY MOTION to expedite Briefing, Scheduling and Adjudication of Plaintiff's Emergency Motion for Partial Summary Judgment with respect to Count IV of Complaint 1 (ECF No. 4). 5 filed by Robert Davis (Paterson, Andrew) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER
11

CERTIFICATE of compliance re word count for EMERGENCY MOTION for partial summary judgment with respect to Count IV ONLY of Complaint 4 filed by Robert Davis (Paterson, Andrew) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER
12

ORDER denying 6 motion for injunctive relief ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

Clearinghouse
13

ORDER denying 4 Emergency Motions and Dismissing State Law Claim ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

Clearinghouse

(NON-DOCUMENT) ATTORNEY APPEARANCE of James D. Noseda on behalf of defendants Detroit Department of Elections, Janice Winfrey (Noseda, James)

Nov. 2, 2020

Nov. 2, 2020

PACER
14

PROOF OF SERVICE by plaintiff Robert Davis for Summons, Complaint, and Emergency Motion for Declaratory Judgment (Paterson, Andrew) (Entered: 11/03/2020)

Nov. 3, 2020

Nov. 3, 2020

PACER
15

SUMMONS returned executed; Detroit Department of Elections served on 10/30/2020, answer due 11/20/2020; Janice Winfrey served on 10/30/2020, answer due 11/20/2020 (Paterson, Andrew) (Entered: 11/03/2020)

Nov. 3, 2020

Nov. 3, 2020

PACER
16

MOTION to dismiss for failure to state a claim by defendants Detroit Department of Elections, Janice Winfrey; (Noseda, James) (Entered: 11/18/2020)

Nov. 18, 2020

Nov. 18, 2020

Clearinghouse
17

CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to dismiss for failure to state a claim 16 filed by Detroit Department of Elections, Janice Winfrey (Noseda, James) (Entered: 11/18/2020)

Nov. 18, 2020

Nov. 18, 2020

PACER
18

CERTIFICATE of compliance re word count for MOTION to dismiss for failure to state a claim 16 filed by Detroit Department of Elections, Janice Winfrey (Noseda, James) (Entered: 11/18/2020)

Nov. 18, 2020

Nov. 18, 2020

PACER
19

FIRST AMENDED COMPLAINT against All Defendants filed by Robert Davis (Paterson, Andrew) Modified text on 12/10/2020 (ems). (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

Clearinghouse
20

RESPONSE TO MOTION to dismiss for failure to state a claim 16 filed by Robert Davis (Paterson, Andrew) (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

PACER
21

PROPOSED SUMMONS to be issued re 19 (Paterson, Andrew) (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

PACER
22

SUMMONS ISSUED as to defendant Brenda Green (ems) (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

PACER
23

SECOND MOTION to dismiss for failure to state a claim or alternatively drop improperly joined claim or dismiss for improper venue by defendant Janice Winfrey; (Noseda, James) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

Clearinghouse
24

CERTIFICATE of compliance re word count for SECOND MOTION to dismiss for failure to state a claim or alternatively drop improperly joined claim or dismiss for improper venue 23 filed by Janice Winfrey (Noseda, James) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

RECAP
25

CERTIFICATE regarding compliance with LCivR 7.1(d) re SECOND MOTION to dismiss for failure to state a claim or alternatively drop improperly joined claim or dismiss for improper venue 23 filed by Janice Winfrey (Noseda, James) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

RECAP
26

ORDER dismissing as moot 16 motion to dismiss; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

Clearinghouse
27

NOTICE OF IMPENDING DISMISSAL as to defendant Jocelyn Benson for failure to serve; verified petition regarding service of process to be submitted by 1/19/2021 or the case will be dismissed; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 01/04/2021)

Jan. 4, 2021

Jan. 4, 2021

RECAP

(NON-DOCUMENT) ATTORNEY APPEARANCE of James W. McGinnis on behalf of defendant Brenda Green (McGinnis, James)

Jan. 4, 2021

Jan. 4, 2021

PACER
28

SUMMONS returned executed; Jocelyn Benson served on 12/17/2020, answer due 1/7/2021 (Paterson, Andrew) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

PACER
29

MOTION to dismiss for failure to state a claim pursuant to 12(b)(6) by defendant Brenda Green; (McGinnis, James) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

Clearinghouse
30

MOTION to dismiss for failure to state a claim by defendant Jocelyn Benson; (Grill, Erik) (Entered: 01/07/2021)

Jan. 7, 2021

Jan. 7, 2021

PACER
31

BRIEF in support of MOTION to dismiss for failure to state a claim 30 filed by Jocelyn Benson (Attachments: # 1 Index Exhibit List, # 2 Exhibit A Davis v Benson, 20-000207-MZ, # 3 Exhibit B Davis v Benson, 20-000196-MZ) (Grill, Erik) Modified text on 1/8/2021 (eod) (Entered: 01/07/2021)

Jan. 7, 2021

Jan. 7, 2021

PACER
32

CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to dismiss for failure to state a claim 30 filed by Jocelyn Benson (Grill, Erik) (Entered: 01/07/2021)

Jan. 7, 2021

Jan. 7, 2021

PACER
33

CERTIFICATE of compliance re word count for Brief in Support of a Motion, 31 filed by Jocelyn Benson (Grill, Erik) (Entered: 01/07/2021)

Jan. 7, 2021

Jan. 7, 2021

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Heather S. Meingast on behalf of defendant Jocelyn Benson (Meingast, Heather)

Jan. 7, 2021

Jan. 7, 2021

PACER
34

CERTIFICATE of compliance re word count for MOTION to dismiss for failure to state a claim pursuant to 12(b)(6) 29 filed by Brenda Green (McGinnis, James) (Entered: 01/08/2021)

Jan. 8, 2021

Jan. 8, 2021

PACER
35

CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to dismiss for failure to state a claim pursuant to 12(b)(6) 29 filed by Brenda Green (McGinnis, James) (Entered: 01/08/2021)

Jan. 8, 2021

Jan. 8, 2021

PACER
36

PROPOSED STIPULATION and ORDER Allowing Plaintiff 21-day Extension to File Response to Defendants Janice Winfrey and Detroit Department of Elections' Motion to Dismiss by plaintiff Robert Davis (Paterson, Andrew) (Entered: 01/20/2021)

Jan. 20, 2021

Jan. 20, 2021

PACER
37

STIPULATION AND ORDER; deadline for plaintiff to file response to motion to dismiss 23 is extended to 2/3/2021; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 01/20/2021)

Jan. 20, 2021

Jan. 20, 2021

RECAP
38

PROPOSED STIPULATION and ORDER by plaintiff Robert Davis (Paterson, Andrew) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER
39

PROPOSED STIPULATION and ORDER by plaintiff Robert Davis (Paterson, Andrew) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER
40

STIPULATION AND ORDER; deadline for plaintiff to file response to 29 motion to dismiss is extended to 2/16/2021; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER
41

STIPULATION AND ORDER; deadline for plaintiff to file response to 30 motion to dismiss is extended to 2/18/2021; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

RECAP
42

PROPOSED STIPULATION and ORDER by plaintiff Robert Davis (Paterson, Andrew) (Entered: 02/03/2021)

Feb. 3, 2021

Feb. 3, 2021

PACER
43

STIPULATION AND ORDER; deadline for plaintiff to file response to motion to dismiss 23 is extended to 2/5/2021; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 02/03/2021)

Feb. 3, 2021

Feb. 3, 2021

PACER
44

RESPONSE TO SECOND MOTION to dismiss for failure to state a claim or alternatively drop improperly joined claim or dismiss for improper venue 23 filed by Robert Davis (Paterson, Andrew) (Entered: 02/05/2021)

Feb. 5, 2021

Feb. 5, 2021

PACER
45

RESPONSE TO MOTION to dismiss for failure to state a claim pursuant to 12(b)(6) 29 filed by Robert Davis (Paterson, Andrew) (Entered: 02/16/2021)

Feb. 16, 2021

Feb. 16, 2021

PACER
46

PROPOSED STIPULATION and ORDER by plaintiff Robert Davis (Paterson, Andrew) (Entered: 02/17/2021)

Feb. 17, 2021

Feb. 17, 2021

PACER
47

STIPULATION AND ORDER; deadline for plaintiff to file response to 30 motion to dismiss is extended to 2/22/2021; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 02/17/2021)

Feb. 17, 2021

Feb. 17, 2021

PACER
48

REPLY to response to motion 23 filed by Janice Winfrey (Noseda, James) (Entered: 02/18/2021)

Feb. 18, 2021

Feb. 18, 2021

PACER
49

CERTIFICATE of compliance re word count for Reply to Response to Motion 48 filed by Janice Winfrey (Noseda, James) (Entered: 02/18/2021)

Feb. 18, 2021

Feb. 18, 2021

PACER
50

PROPOSED STIPULATION and ORDER Dismissing Without Prejudice Counts I, II, III, and IV against Defendant Jocelyn Benson by plaintiff Robert Davis (Paterson, Andrew) (Entered: 02/23/2021)

Feb. 23, 2021

Feb. 23, 2021

RECAP
51

STIPULATION AND ORDER dismissing Counts I, II, III, IV against defendant Benson; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 02/23/2021)

Feb. 23, 2021

Feb. 23, 2021

Clearinghouse
52

REPLY to response to motion 29 filed by Brenda Green (McGinnis, James) (Entered: 02/23/2021)

Feb. 23, 2021

Feb. 23, 2021

PACER
53

ORDER dismissing as moot 30 motion to dismiss; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 02/24/2021)

Feb. 24, 2021

Feb. 24, 2021

Clearinghouse
54

NOTICE OF VOLUNTARY DISMISSAL re Brenda Green filed by plaintiff Robert Davis (Paterson, Andrew) (Entered: 03/04/2021)

March 4, 2021

March 4, 2021

PACER
55

ORDER dismissing as moot 29 motion to dismiss; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 03/05/2021)

March 5, 2021

March 5, 2021

PACER
56

ORDER dismissing Detroit Department of Elections ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) (Entered: 08/27/2021)

Aug. 27, 2021

Aug. 27, 2021

PACER
57

ORDER granting 23 motion to dismiss ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) (Entered: 08/27/2021)

Aug. 27, 2021

Aug. 27, 2021

Clearinghouse
58

JUDGMENT ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) (Entered: 08/27/2021)

Aug. 27, 2021

Aug. 27, 2021

Clearinghouse

Case Details

State / Territory: Michigan

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Oct. 14, 2020

Closing Date: Aug. 27, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A resident of Highland Park, an enclave of Detroit, alleged that he had been denied equal protection because the Highland Park City Clerk did not mail him an unsolicited absentee voter application to vote by absentee ballot, whereas other Detroit voters were sent such applications

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Detroit Department of Election (Detroit), City

Michigan Secretary of State, State

Detroit City Clerk (Detroit), City

Highland Park City Clerk (Highland Park), City

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process: Procedural Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Voting:

Election administration

Vote dilution

Voter registration rules

Voting: General & Misc.