Filed Date: Nov. 3, 2021
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This is a redistricting case challenging Plan S2168 as racially discriminatory for drawing Tarrant County across three state senate districts.
On November 3, 2021, six Black and Latinx registered voters and a state senator filed this lawsuit in the U.S. District Court for the Western District of Texas. Plaintiffs sued Texas Governor Greg Abbott and Texas Secretary of State John Scott in their official capacities under 42 U.S.C. § 1983 for violations of the Voting Rights Act of 1965 (52 U.S.C. § 10301 et seq.) and the Fourteenth and Fifteenth Amendments of the U.S. Constitution. Represented by private counsel, plaintiffs sought declaratory and injunctive relief, as well as attorneys' fees and costs. The injunctive relief plaintiffs sought included: the setting of a reasonable deadline for State authorities to enact or adopt a redistricting plan that does not dilute, cancel out, or minimize the voting strength of minority voters and, if they do not, ordering the new senate redistricting plan, and the retention of jurisdiction to render any further orders necessary to cure the violation. Plaintiffs claimed that the legislature cracked senate district 10 into three districts with “tortured shapes” submerging minority voters in majority white districts, thereby diluting minority voters’ ability to elect their preferred candidates, and failed to create the new majority Black/Latino coalition senate district in Tarrant County required by Section 2 of the Voting Rights Act. The case was initially assigned to District Judge Lee Yeakel, but a three-judge panel was convened under 28 U.S.C. § 2284 that also included Circuit Judge Jerry E. Smith (U.S. Court of Appeals for the Fifth Circuit) and District Judge Jeffrey V. Brown (U.S. District Court for the Southern District of Texas). The case is currently assigned to District Judge Andrew W. Austin.
On November 19, 2021, before defendants filed any response, District Judge David C. Guarderrama, who presided over a separately filed lawsuit, issued an Order Consolidating Cases, consolidating the Brooks v. Abbott lawsuit with six other lawsuits. The order specified that a three-judge panel comprised of Judge David C. Guaderrama, Judge Jerry E. Smith, and Judge Jeffrey V. Brown would decide all matters. LULAC v. Abbott, No. 3:21-cv-00259 (W.D. Tex.), the first-filed case, was designated as the lead case, and all future filings were ordered to be filed under that number.
Litigation in LULAC v. Abbott continues.
Summary Authors
Kelly Tsai (1/30/2024)
Mexican American Legislative Caucus v. State of Texas, Western District of Texas (2021)
League of United Latin v. Abbott, Western District of Texas (None)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60695977/parties/brooks-v-abbott/
Austin, Andrew W. (Texas)
Brazil, K. Scott (Texas)
Dunn, Chad W. (Texas)
Gaber, Mark P. (Texas)
Gaines, Jesse (Texas)
See docket on RECAP: https://www.courtlistener.com/docket/60695977/brooks-v-abbott/
Last updated Dec. 21, 2024, 10:03 p.m.
State / Territory: Texas
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: Nov. 3, 2021
Case Ongoing: Unknown
Plaintiffs
Plaintiff Description:
Six Black and Latina/Latino citizens who are registered voters and a state senator
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Texas Governor Greg Abbott and Texas Secretary of State John Scott their official capacities, State
Case Details
Causes of Action:
Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Unknown
Nature of Relief:
Source of Relief:
Issues
Voting: