Case: Lisenby v. Rasar

1:21-cv-01139 | U.S. District Court for the District of South Carolina

Filed Date: April 16, 2021

Clearinghouse coding complete

Case Summary

This is a case alleging a violation of an incarcerated person's right to vote in South Carolina. 

On March 4, 2021, plaintiff, a pro se incarcerated inmate formerly held at the Barnwell County Detention Center, sued three prison employees in state court in South Carolina alleging the defendants deprived him of his right to vote. Plaintiff filed suit against employees of the Barnwell County Sheriff, working at the Barnwell County Detention Center and alleged violations of the First and Fifteenth Amendments. Plaintiff originally filed this suit in the Court of Common Pleas for Barnwell County, South Carolina, and the case was removed to the District of South Carolina on April 16, 2021. 

Defendants filed a motion for summary judgment on July 30, 2021. To date, plaintiff does not appear to have responded to the pending motion for summary judgment.

The case is ongoing. 

Summary Authors

Garrett Peery (5/27/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60396742/parties/lisenby-v-rasar/


Judge(s)

Norton, David C. (South Carolina)

Attorney for Plaintiff

Jr, Billy Lee (South Carolina)

Attorney for Defendant

Jett, Norma A (South Carolina)

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Documents in the Clearinghouse

Document
1-1

1:21-cv-01139

Complaint

Lisenby v Rasar

April 16, 2021

April 16, 2021

Complaint
1

1:21-cv-01139

Notice of Removal

Lisenby v Rasar

April 16, 2021

April 16, 2021

Other
1-1

1:21-cv-01139

Notice of Removal

Lisenby V. Rasar, Et Al

April 16, 2021

April 16, 2021

Other
27

1:21-cv-01139

Order

Lisenby V. Rasar, Et Al

Sept. 14, 2021

Sept. 14, 2021

Order/Opinion
27

1:21-cv-01139

Order

Sept. 14, 2021

Sept. 14, 2021

Order/Opinion

2021 WL 5936389

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60396742/lisenby-v-rasar/

Last updated Aug. 9, 2025, 9:57 p.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL from Barnwell County Common Pleas, case number 2021-CP-06-00079. (Filing fee $ 402 receipt number 0420-9781893), filed by Michael Rasar, Shanda Priester, Tahirah Thomas. (Attachments: # 1 State Court Documents, # 2 State Court Notice of Filing Removal, # 3 Certificate of Service)(prou, ) (Entered: 04/19/2021)

1 State Court Documents

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2 State Court Notice of Filing Removal

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3 Certificate of Service

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April 16, 2021

April 16, 2021

Clearinghouse
3

Local Rule 26.01 Answers to Interrogatories by Shanda Priester, Michael Rasar, Tahirah Thomas. (Attachments: # 1 Certificate of Service)(prou, ) (Entered: 04/19/2021)

April 16, 2021

April 16, 2021

PACER
4

TRUE DIVISION FOR TRIAL: Aiken. (prou, ) (Entered: 04/19/2021)

April 16, 2021

April 16, 2021

PACER
8

ORDER directing plaintiff to notify Clerk in writing of any address changes. Signed by Magistrate Judge Kaymani D West on 4/19/2021. (prou, ) (Entered: 04/19/2021)

April 19, 2021

April 19, 2021

PACER
9

***DOCUMENT MAILED: 8 Order to Notify of Address Change w/NEF, placed in U.S. Mail from Florence Clerk's Office to Billy Lee Lisenby (Malik Al-Shabazz), Alvin S Glenn Detention Center, 201 John Mark Dial Drive, Columbia, SC 29209. (prou, ) (Entered: 04/19/2021)

April 19, 2021

April 19, 2021

PACER
11

ANSWER to Complaint (Notice of Removal) by Shanda Priester, Michael Rasar, Tahirah Thomas. (Attachments: # 1 Certificate of Service) (Jett, Norma A); Modified on 4/20/2021 to correct event type(prou, ) (Entered: 04/20/2021)

April 19, 2021

April 19, 2021

PACER
12

SCHEDULING ORDER: Motions to Amend Pleadings due by 5/20/2021, Discovery due by 6/21/2021, Motions due by 8/2/2021. Signed by Magistrate Judge Kaymani D West on 4/20/2021. (prou, ) (Entered: 04/20/2021)

April 20, 2021

April 20, 2021

PACER
13

***DOCUMENT MAILED: 12 Scheduling Order w/NEF, placed in U.S. Mail from Florence Clerk's Office to Billy Lee Lisenby, Jr (Malik Al-Shabazz), Alvin S Glenn Detention Center, 201 John Mark Dial Drive, Columbia, SC 29209. (prou, ) (Entered: 04/20/2021)

April 20, 2021

April 20, 2021

PACER
14

Mail Returned as Undeliverable. Addressee: Billy Lee Lisenby, Jr (Malik Al-Shabazz), Alvin S Glenn Detention Center, 201 John Mark Dial Drive, Columbia, SC 29209.. Document Returned: 12 Scheduling Order. (prou, ) (Entered: 05/05/2021)

May 5, 2021

May 5, 2021

PACER
17

Mail Returned as Undeliverable. Addressee: Billy Lee Lisenby (Malik Al-Shabazz), Alvin S Glenn Detention Center, 201 John Mark Dial Drive, Columbia, SC 29209. Document Returned: 8 Order to Notify of Address Change. (prou, ) (Entered: 07/09/2021)

July 9, 2021

July 9, 2021

PACER
18

MOTION for Summary Judgment by Shanda Priester, Michael Rasar, Tahirah Thomas. Response to Motion due by 8/13/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support, # 2 Affidavit of Rasar, # 3 Exhibit Requests to Staff, # 4 Affidavit of Thomas, # 5 Affidavit of Priester, # 6 Certificate of Service on pro se plaintiff)No proposed order.Motions referred to Kaymani D West.(Jett, Norma A) (Entered: 07/30/2021)

1 Memo in Support

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2 Affidavit of Rasar

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3 Exhibit Requests to Staff

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4 Affidavit of Thomas

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5 Affidavit of Priester

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6 Certificate of Service on pro se plaintiff

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July 30, 2021

July 30, 2021

PACER
19

ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 31 days. Response due to 18 MOTION for Summary Judgment. Response to Motion due by 9/2/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Kaymani D West on 8/2/2021. (prou, ) (Entered: 08/02/2021)

Aug. 2, 2021

Aug. 2, 2021

PACER
20

***DOCUMENTS MAILED: 19 Roseboro Order w/NEF, placed in U.S. Mail from Florence Clerk's Office to Billy Lee Lisenby, Jr (Malik Al-Shabazz), Alvin S Glenn Detention Center, 201 John Mark Dial Drive, Columbia, SC 29209 and Malik Al-Shabazz, #34814-171, USP Lee, U.S. Penitentiary, PO Box 305, Jonesville, VA 24263.Also mailed a Notice of Change of Address Form to Malik Al-Shabazz, #34814-171, USP Lee, U.S. Penitentiary, PO Box 305, Jonesville, VA 24263 and remailed 8 Order to Notify of Address Change w/NEF, 12 Scheduling Order w/NEF to this address. (prou, ) (Entered: 08/02/2021)

Aug. 2, 2021

Aug. 2, 2021

PACER
22

Mail Returned as Undeliverable. Addressee: Billy Lee Lisenby, Jr (Malik Al-Shabazz), Alvin S Glenn Detention Center, 201 John Mark Dial Drive, Columbia, SC 29209. Document Returned: 19 Roseboro Order. (prou, ) (Entered: 08/10/2021)

Aug. 10, 2021

Aug. 10, 2021

PACER
23

NOTICE of Change of Address by Billy Lee Lisenby, Jr from Billy Lee Lisenby, Jr (Malik Al-Shabazz), Alvin S Glenn Detention Center, 201 John Mark Dial Drive, Columbia, SC 29209 **TO** Malik Al-Shabazz, #34814-171, USP Lee, U.S. Penitentiary, PO Box 305, Jonesville, VA 24263. (Attachments: # 1 Envelope)(prou, ) (Entered: 08/18/2021)

Aug. 18, 2021

Aug. 18, 2021

PACER
24

MOTION to Challenge the Removal from State Court re 1 Notice of Removal, by Billy Lee Lisenby, Jr. Response to Motion due by 9/1/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents, # 2 Envelope)No proposed order.Motions referred to Kaymani D West.(prou, ) (Entered: 08/18/2021)

1 Supporting Documents

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2 Envelope

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Aug. 18, 2021

Aug. 18, 2021

PACER
25

RESPONSE in Opposition re 24 MOTION to Challenge the Removal from State Court re 1 Notice of Removal, Response filed by Shanda Priester, Michael Rasar, Tahirah Thomas.Reply to Response to Motion due by 8/31/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Certificate of Service)(Jett, Norma A) (Entered: 08/24/2021)

1 Certificate of Service

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Aug. 24, 2021

Aug. 24, 2021

PACER
27

ORDER: Plaintiff does not appear to challenge the jurisdiction of the court, and the court finds any argument concerning this court's lack of jurisdiction would be futile. Therefore, the court finds that Defendants' removal was proper, and Plaintiff's Motion to Challenge the Removal, ECF No. 24, is denied. The court denies Plaintiff's request to conduct discovery and his request that the pending Summary Judgment Motion, ECF No. 18, be stayed. The court will allow Plaintiff until October 15, 2021, to respond to the pending Motion for Summary Judgment. Plaintiff is advised that if he fails to respond to the pending Motion, his case may be dismissed for failure to prosecute. Signed by Honorable David C Norton on 9/14/2021.(prou, ) (Entered: 09/14/2021)

Sept. 14, 2021

Sept. 14, 2021

RECAP
28

***DOCUMENT MAILED: 27 Order on Motion w/NEF, placed in U.S. Mail from Florence Clerk's Office to Billy Lee Lisenby, Jr (Malik Al-Shabazz), #34814-171, USP Lee, U.S. Penitentiary, PO Box 305, Jonesville, VA 24263. (prou, ) (Entered: 09/14/2021)

Sept. 14, 2021

Sept. 14, 2021

PACER

Case Details

State / Territory: South Carolina

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: April 16, 2021

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

An inmate in South Carolina state prison

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Individual State of South Carolina prison system employees (Barnwell), None

Defendant Type(s):

Corrections

Case Details

Causes of Action:

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

Constitutional Clause(s):

Freedom of speech/association

Fifteenth Amendment

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Access to public accommodations - governmental

Conditions of confinement

Voting:

Voting: General & Misc.