Case: The Progressive Southern Christian Leadership Conference v. Georgia Secretary of State

1:20-cv-03877 | U.S. District Court for the Northern District of Georgia

Filed Date: Sept. 18, 2020

Closed Date: Jan. 26, 2021

Clearinghouse coding complete

Case Summary

This is a case about an emergency injunction filed by a religious organization over the Executive Committee of the Georgia Democratic Party ("Executive Committee") selecting a replacement for the congressional seat vacated by a late congressman. On September 18, 2020, the Progressive Southern Christian Leadership Conference and its founder/Chairperson filed this lawsuit in the United States District Court for the Northern District of Georgia. The plaintiffs sued the Georgia Secretary of State a…

This is a case about an emergency injunction filed by a religious organization over the Executive Committee of the Georgia Democratic Party ("Executive Committee") selecting a replacement for the congressional seat vacated by a late congressman. On September 18, 2020, the Progressive Southern Christian Leadership Conference and its founder/Chairperson filed this lawsuit in the United States District Court for the Northern District of Georgia. The plaintiffs sued the Georgia Secretary of State and the Executive Committee of the Georgia Democratic Party under the Voting Rights Act. Pro se, the plaintiffs sought an emergency ex parte injunction to disqualify the Executive Committee's actions and reschedule the special election to a later date. They claimed that the Executive Committee's choice of replacement for the congressional seat vacated by the late congressman violated their voting rights.

On July 22, 2002, the Executive Committee chose a replacement for the congressional seat that was vacated by a congressman who passed away and scheduled a special election to be held on September 29, 2020. The plaintiffs filed their emergency injunction motion on September 19, 2020, alleging that doing so created "voter suppression, voter disenfranchisement, and the absence of a free and fair election," as they should not have selected the replacement but instead notified the Georgia Secretary of the State that the Executive Committee had decided to fill the vacancy. The plaintiffs sought an ex parte emergency injunction to disqualify the Executive Committee's choice of replacement and reschedule the special election to October 13, 2020 a general election for all qualified congressional candidates, with a runoff to be held on October 27, 2020 so that the "voters of the 5th congressional district . . . will have chosen their 5th congressional district representative for the November ballot."

The Court denied the motion on September 23, 2020, finding that there was no basis for an emergency ex parte injunction. The Court found that Plaintiffs did not argue that giving notice to the defendants was impossible, that giving notice to the adverse party would render fruitless the further prosecution of the action, nor was the Complaint verified or demonstrate specific facts showing immediate and irreparable injury would result before the defendants could be heard in opposition. Furthermore, the Court held that a preliminary injunction would not be warranted in the case because the plaintiffs failed to allege how the defendants discriminated against them on the basis of race, sex, or age. 

On January 7, 2021, the Court issued an Order to Show Cause within 14 days for why the Court should not dismiss the case without prejudice for failure to effectuate service pursuant to Federal Rule of Civil Procedure 4(m), and on January 26, 2021, the case was dismissed without prejudice for want of prosecution. 

Summary Authors

LFAA (1/12/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18565235/parties/the-progressive-southern-christian-leadership-conference-v-georgia/


Judge(s)

Cohen, Mark Howard (Georgia)

Attorney for Plaintiff

Conference, The Progressive (Georgia)

Redding, Dwayne (Georgia)

show all people

Documents in the Clearinghouse

Document
1

1:20-cv-03877

Complaint with Motion for Emergency Injunction

Sept. 18, 2020

Sept. 18, 2020

Complaint
2

1:20-cv-03877

Motion for Emergency Injunction

Sept. 18, 2020

Sept. 18, 2020

Pleading / Motion / Brief
8

1:20-cv-03877

Order Denying Motion for Emergency Injunction

Sept. 23, 2020

Sept. 23, 2020

Order/Opinion
11

1:20-cv-03877

Order to Show Cause

Jan. 7, 2021

Jan. 7, 2021

Order/Opinion
12

1:20-cv-03877

Order Dismissing Case

Jan. 26, 2021

Jan. 26, 2021

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18565235/the-progressive-southern-christian-leadership-conference-v-georgia/

Last updated March 28, 2026, 5:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT EMERGENCY INJUNCTION filed by The Progressive Southern Christian Leadership Conference, Dwayne Redding. (Filing fee $400, receipt number GAN100124194) (Attachments: # 1 Civil Cover Sheet)(jta) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 09/18/2020)

1 Civil Cover Sheet

View on RECAP

Sept. 18, 2020

Sept. 18, 2020

Clearinghouse
2

MOTION for Emergency Injunction by Dwayne Redding, The Progressive Southern Christian Leadership Conference. (jta) (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

Clearinghouse
3

Summons Issued as to Georgia Secretary of State, The Executive Committee of the Georgia Democratic Party. (jta) (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

4

SEVENTH AMENDMENT TO GENERAL ORDER 20-01 IN RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/1/2020. (jta) (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

5

STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge Mark H. Cohen on 9/18/2020. (jta) (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

Submission of 2 MOTION for Permanent Injunction, to District Judge Mark H. Cohen. (jta)

Sept. 18, 2020

Sept. 18, 2020

Clerk's Certificate of Mailing as to Dwayne Redding, The Progressive Southern Christian Leadership Conference re 4 Order. (jta)

Sept. 18, 2020

Sept. 18, 2020

Clerk's Certificate of Mailing as to Dwayne Redding, The Progressive Southern Christian Leadership Conference re 5 Order. (jta)

Sept. 18, 2020

Sept. 18, 2020

6

Return of Service Executed by Dwayne Redding. Georgia Secretary of State served on 9/21/2020, answer due 10/13/2020. (kt) (Entered: 09/23/2020)

Sept. 22, 2020

Sept. 22, 2020

7

Certified Mail Returned Receipt re 1 Complaint, served upon The Democratic Party of Georgia (kt) (Entered: 09/23/2020)

Sept. 22, 2020

Sept. 22, 2020

8

ORDER denying 2 Motion for Emergency Injunction. Signed by Judge Mark H. Cohen on 9/23/20. (jpa) (Entered: 09/23/2020)

Sept. 23, 2020

Sept. 23, 2020

Clearinghouse

Clerk's Certificate of Mailing as to Dwayne Redding, The Progressive Southern Christian Leadership Conference re 8 Order on Motion for Permanent Injunction. (jpa)

Sept. 23, 2020

Sept. 23, 2020

9

EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (ddm) (ADI) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

Clerk's Certificate of Mailing as to Dwayne Redding, The Progressive Southern Christian Leadership Conference re 9 Notice (Other). (jpa)

Sept. 30, 2020

Sept. 30, 2020

10

NINTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 12/08/2020. (aaq) (ADI) (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

Clerk's Certificate of Mailing as to Dwayne Redding, The Progressive Southern Christian Leadership Conference re 10 Notice (Other). (jpa)

Dec. 9, 2020

Dec. 9, 2020

11

ORDER that Plaintiffs SHOW CAUSE, if any there be, within 14 days why this Court should not dismiss this case without prejudice for failure to effectuate service pursuant to Federal Rule of Civil Procedure 4(m). Failure to respond to the Order within the time proscribed will resulting the entry of an Order dismissing this action without prejudice for failure to comply with Rule 4(m) and for want of prosecution under Local Rule 41.3(A)(2) of this Court ("The Court may, with or without notice to the parties, dismiss a civil case for want of prosecution if:... [a] plaintiff... shall... fail or refuse to obey a lawful order of the Court in the case[.]"). Signed by Judge Mark H. Cohen on 1/7/21. (jpa) (Entered: 01/07/2021)

Jan. 7, 2021

Jan. 7, 2021

Clearinghouse

Clerk's Certificate of Mailing as to Dwayne Redding, The Progressive Southern Christian Leadership Conference re 11 Order. (jpa)

Jan. 7, 2021

Jan. 7, 2021

12

Order DISMISSING this case WITHOUT PREJUDICE for want of prosecution. The Clerk is DIRECTED to close this case. Signed by Judge Mark H. Cohen on 1/26/21. (jpa) (Entered: 01/26/2021)

Jan. 26, 2021

Jan. 26, 2021

Clearinghouse
13

CLERK'S JUDGMENT (jpa)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 01/26/2021)

Jan. 26, 2021

Jan. 26, 2021

Clerk's Certificate of Mailing as to Dwayne Redding, The Progressive Southern Christian Leadership Conference re 12 Order to Dismiss, 13 Clerk's Judgment. (jpa)

Jan. 26, 2021

Jan. 26, 2021

Civil Case Terminated. (jpa)

Jan. 26, 2021

Jan. 26, 2021

Case Details

State / Territory:

Georgia

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Sept. 18, 2020

Closing Date: Jan. 26, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Progressive Southern Christian Leadership Conference and the Founder and Chairperson of The Progressive Southern Christian Leadership Conference

Plaintiff Type(s):

Non-profit religious organization

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Political Party

The Executive Committee of the Georgia Democratic Party

State

Georgia Secretary of State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

State law

Voting Rights Act, unspecified, 52 U.S.C. § 10301 et seq (previously 42 U.S.C § 1973 et seq.)

Constitutional Clause(s):

Fifteenth Amendment

Other Dockets:

Northern District of Georgia 1:20-cv-03877

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Sought:

Injunction

Relief Granted:

None

Source of Relief:

None

Issues

Voting:

Election administration

Recommended Citation