Case: Speight v. Wyoming Governor

2:22-cv-00016 | U.S. District Court for the District of Wyoming

Filed Date: Jan. 25, 2022

Closed Date: March 24, 2022

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Case Summary

This case arises out of a dispute over filling a statewide elected position vacancy for the remainder of the elected term. On January 25, 2022, Plaintiffs filed this lawsuit in U.S. District Court for the District of Wyoming. The plaintiffs sued the Wyoming Republican Party and the Governor under the Fourteenth Amendment. Represented by private counsel, the plaintiffs (registered Wyoming voters) sought an injunction and temporary restraining order preventing Governor Gordon from selecting a new Superintendent of Public Instruction. Plaintiffs claimed that Wyoming statutes, as supplemented by Republican State Party Bylaws and as implemented by the party in selecting the three persons for this vacancy, violate their equal protection rights guaranteed by the Fourteenth Amendment to the U.S. Constitution.

On January 16, 2022, State Superintendent of Public Instruction resigned from her position, leaving the position vacant. Pursuant to Wyoming Statute § 22-18-111 (2021), since the vacancy occurred after her second year in office, the Wyoming governor was required to appoint a successor to fill the position for the remainder of the elected term, which ended January 2023. Wyo. Stat. Ann. § 22-2-105(a)(ii) (2021); Wyo. Const. Art. 4, § 11. The governor makes this appointment from a list of three nominees chosen by a Republican State Central Committee (SCC) vote. Once the SCC provides the three nominees to the governor, the governor must make a decision within five days. § 22-18-11 l(a)(i). Plaintiffs argue that the process for filling vacancies violates the "one man, one vote" principle integral to this country's electoral process. Plaintiff’s argued that the vote to select three nominees should have been conducted with each county getting a vote proportional to the number of Republican votes in their county. Defendants argued successfully that the system to fill elected vacancies had been in place for sixty years, but Plaintiffs only decided to challenge it two days before the Governor needed to appoint a replacement. Because of the delay in waiting to file suit over this issue, the Court found that the Plaintiffs could show an irreparable injury.

On January 26, 2022, Judge Scott W. Skavdahl issued an order preventing superintendent selection until January 27, 2022. On January 27, 2022 the Court denied the Plaintiff’s motion for a temporary restraining order finding that the Plaintiffs could not demonstrate irreparable harm. The parties filed a stipulated dismissal on March 20, 2022. The Court dismissed the case with prejudice on March 24, 2022. 582 F.Supp.3d 897.

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Summary Authors

Sanjeet Dutta (1/9/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/62626574/parties/speight-v-wyoming-governor-gordon/

Judge(s)

Skavdahl, Scott Wesley (Wyoming)

Attorney for Plaintiff

Crank, Patrick J (Wyoming)

Judge(s)

Skavdahl, Scott Wesley (Wyoming)

Attorney for Plaintiff

Crank, Patrick J (Wyoming)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
7 2:22-cv-00016	Memorandum in Support of Plaintiffs Motion for Temporary Restraining Order and Preliminary Injunction Speight, Et Al V. Wyoming Governor, Et Al	Jan. 25, 2022	Jan. 25, 2022 Pleading / Motion / Brief
1 2:22-cv-00016	Complaint Pursuant to 28 U.S.C. 2201 and Rule 57, F.R.C.P. Declaratory Judgment Action Speight, Et Al V. Wyoming Governor, Et Al	Jan. 25, 2022	Jan. 25, 2022 Complaint
6 2:22-cv-00016	Motion for Temporary Restraining Order and Preliminary Injunction Speight, Et Al V. Eathorne	Jan. 25, 2022	Jan. 25, 2022 Pleading / Motion / Brief
11 2:22-cv-00016	Order Preventing Superintendent Selection Until January 27, 2022 Speight v. Gordon	Jan. 26, 2022	Jan. 26, 2022 Order/Opinion
14 2:22-cv-00016	Memorandum in Opposition to Plaintiffs' Motion for a Temporary Restraining Order Speight v. Eathorne	Jan. 26, 2022	Jan. 26, 2022 Pleading / Motion / Brief
18 2:22-cv-00016	Plaintiff's Reply Brief Speight, Et Al V. Eathorne	Jan. 26, 2022	Jan. 26, 2022 Pleading / Motion / Brief
23 2:22-cv-00016	Order on Motion for Preliminary Injunction AND Order on Motion for TRO Speight v. Gordon	Jan. 27, 2022	Jan. 27, 2022 Order/Opinion 582 F.Supp.3d 897
27 2:22-cv-00016	Stipulated Motion to Dismiss with Prejudice Speight, Et Al V. Wyoming Governor, Et Al	March 20, 2022	March 20, 2022 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/62626574/speight-v-wyoming-governor-gordon/

Last updated Aug. 3, 2025, 2:26 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT (3 summons(es) issued) ( Filing fee $402 receipt #CHY035844), filed by Charles Pelkey, Doug Camblin, Ruth Ann Petroff, John B Speight, Gail Symons, Steve Simonton, Tamsin Johnson, Rex Arney, Anne Ladd, Dan Neal, Dave Northrup, George Simonton, Tom Lubnau, Robin Hurless, Kathy Vetter, Christopher O Boswell. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet, # 6 Magistrate Consent) (Court Staff, stmo) (Main Document 1 replaced on 1/25/2022) (Court Staff, stmo). Modified on 1/26/2022 (Court Staff, stmo). (Entered: 01/25/2022)	Jan. 25, 2022	Jan. 25, 2022 Clearinghouse
2	Praecipe for Summons filed by Plaintiffs Rex Arney, Christopher O Boswell, Doug Camblin, Robin Hurless, Tamsin Johnson, Anne Ladd, Tom Lubnau, Dan Neal, Dave Northrup, Charles Pelkey, Ruth Ann Petroff, George Simonton, Steve Simonton, John B Speight, Gail Symons, Kathy Vetter, 1 issued. (Court Staff, stmo) (Entered: 01/25/2022)	Jan. 25, 2022	Jan. 25, 2022 PACER
3	Praecipe for Summons filed by Plaintiffs Rex Arney, Christopher O Boswell, Doug Camblin, Robin Hurless, Tamsin Johnson, Anne Ladd, Tom Lubnau, Dan Neal, Dave Northrup, Charles Pelkey, Ruth Ann Petroff, George Simonton, Steve Simonton, John B Speight, Gail Symons, Kathy Vetter, 1 issued. (Court Staff, stmo) (Entered: 01/25/2022)	Jan. 25, 2022	Jan. 25, 2022 PACER
4	Praecipe for Summons filed by Plaintiffs Rex Arney, Christopher O Boswell, Doug Camblin, Robin Hurless, Tamsin Johnson, Anne Ladd, Tom Lubnau, Dan Neal, Dave Northrup, Charles Pelkey, Ruth Ann Petroff, George Simonton, Steve Simonton, John B Speight, Gail Symons, Kathy Vetter, 1 issued. (Court Staff, stmo) (Entered: 01/25/2022)	Jan. 25, 2022	Jan. 25, 2022 PACER
5	Summonses Issued (Court Staff, stmo) (Entered: 01/25/2022)	Jan. 25, 2022	Jan. 25, 2022 PACER
6	MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction filed by Plaintiffs Rex Arney, Christopher O Boswell, Doug Camblin, Robin Hurless, Tamsin Johnson, Anne Ladd, Tom Lubnau, Dan Neal, Dave Northrup, Charles Pelkey, Ruth Ann Petroff, George Simonton, Steve Simonton, John B Speight, Gail Symons, Kathy Vetter. (Attachments: # 1 Proposed Order)(Court Staff, stmo) Modified text on 1/26/2022 (Court Staff, skb). Added motion relief and modified text on 1/26/2022 (Court Staff, sjlg). (Entered: 01/25/2022)	Jan. 25, 2022	Jan. 25, 2022 Clearinghouse
7	MEMORANDUM in Support of 6 Motion for Temporary Restraining Order and MOTION for Preliminary Injunction, filed by Plaintiffs Rex Arney, Christopher O Boswell, Doug Camblin, Robin Hurless, Tamsin Johnson, Anne Ladd, Tom Lubnau, Dan Neal, Dave Northrup, Charles Pelkey, Ruth Ann Petroff, George Simonton, Steve Simonton, John B Speight, Gail Symons, Kathy Vetter. (Court Staff, stmo) Modified text on 1/26/2022 (Court Staff, skb). Modified text on 1/26/2022 (Court Staff, sjlg). (Entered: 01/25/2022)	Jan. 25, 2022	Jan. 25, 2022 Clearinghouse
8	CERTIFICATION PURSUANT TO RULE 65(B)(1)(B) F.R.C.P. by Plaintiffs Rex Arney, Christopher O Boswell, Doug Camblin, Robin Hurless, Tamsin Johnson, Anne Ladd, Tom Lubnau, Dan Neal, Dave Northrup, Charles Pelkey, Ruth Ann Petroff, George Simonton, Steve Simonton, John B Speight, Gail Symons, Kathy Vetter re 6 MOTION for Temporary Restraining Order (Court Staff, stmo) Modified text on 1/26/2022 (Court Staff, skb). (Entered: 01/25/2022)	Jan. 25, 2022	Jan. 25, 2022 PACER
9	(TEXT-ONLY) NOTICE of Hearing: BY TELEPHONE - All parties shall appear by telephone through the Courts conference call system. Guests call: Toll Free 1-888-278-0296\| Access code 7368031# \| Join as guest Press # \|Security code 2600#. Status Conference set for 1/26/2022 at 09:00 AM before Honorable Scott W Skavdahl. (Court Staff, skb) (Entered: 01/25/2022)	Jan. 25, 2022	Jan. 25, 2022 PACER
	Notice of Hearing	Jan. 25, 2022	Jan. 25, 2022 PACER
10	MINUTES for proceedings held before Honorable Scott W Skavdahl: Status Conference held on 1/26/2022. Defendants shall submit briefing on the TRO on or before 5:00 PM on 1/26/2022. Plaintiffs shall submit any response on or before 9:00 PM on 1/26/2022. The Court will provide a ruling by 12:00 pm on 1/27/2022. (Court Reporter Megan Strawn.) (Court Staff, scat) (Entered: 01/26/2022)	Jan. 26, 2022	Jan. 26, 2022 PACER
11	ORDER PREVENTING SUPERINTENDENT SELECTION UNTIL JANUARY 27, 2022 by the Honorable Scott W Skavdahl. ORDERED that Governor Gordon shall not fill the vacant position of Superintendent of Public Instruction with any candidate forwarded to him by the Defendants prior to issuance of this Court's Order on the Motion for Temporary Restraining Order, which shall be issued no later than 12:00 p.m. MST on January 27, 2022. (Court Staff, stbd) Modified text on 1/27/2022 (Court Staff, skb). (Entered: 01/26/2022)	Jan. 26, 2022	Jan. 26, 2022 Clearinghouse
12	NOTICE of Attorney Appearance by Ryan T Schelhaas on behalf of Wyoming Governor (Schelhaas, Ryan) (Entered: 01/26/2022)	Jan. 26, 2022	Jan. 26, 2022 PACER
13	NOTICE of Attorney Appearance by Jay A Jerde on behalf of Wyoming Governor (Jerde, Jay) (Entered: 01/26/2022)	Jan. 26, 2022	Jan. 26, 2022 PACER
14	RESPONSE in Opposition re 6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Defendant Wyoming Governor. (Jerde, Jay) (Entered: 01/26/2022)	Jan. 26, 2022	Jan. 26, 2022 Clearinghouse
15	NOTICE of Attorney Appearance by Brian Claude Shuck on behalf of Wyoming Republican Party (Shuck, Brian) Modified on 2/2/2022 (Court Staff, skb). (Entered: 01/26/2022)	Jan. 26, 2022	Jan. 26, 2022 PACER
16	NOTICE of Attorney Appearance by Brian Claude Shuck on behalf of Wyoming Republican Party Chairman (Shuck, Brian) (Entered: 01/26/2022)	Jan. 26, 2022	Jan. 26, 2022 PACER
17	NOTICE of Attorney Appearance by Brian Claude Shuck on behalf of Wyoming Republican State Central Committee (Shuck, Brian) (Entered: 01/26/2022)	Jan. 26, 2022	Jan. 26, 2022 PACER
18	REPLY BRIEF re 6 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction filed by Plaintiffs Rex Arney, Christopher O Boswell, Doug Camblin, Robin Hurless, Tamsin Johnson, Anne Ladd, Tom Lubnau, Dan Neal, Dave Northrup, Charles Pelkey, Ruth Ann Petroff, George Simonton, Steve Simonton, John B Speight, Gail Symons, Kathy Vetter. (Crank, Patrick) Modified text and added link on 1/27/2022 (Court Staff, skb). (Entered: 01/26/2022)	Jan. 26, 2022	Jan. 26, 2022 Clearinghouse
19	DISREGARD - DOCKETING ERROR RESPONSE in Opposition re 6 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction filed by Defendant Wyoming Republican Party. (Shuck, Brian) Modified on 1/27/2022 (Court Staff, skb). (Entered: 01/26/2022)	Jan. 26, 2022	Jan. 26, 2022 PACER
20	RESPONSE in Opposition re 6 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction filed by Defendant Wyoming Republican Party. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (Shuck, Brian) Modified text and added link on 1/27/2022 (Court Staff, skb). (Attachment 3 replaced on 1/27/2022 to correct pagination) (Court Staff, skb). Modified on 2/2/2022 (Court Staff, skb). (Entered: 01/26/2022) 1 Exhibit View on RECAP 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER	Jan. 26, 2022	Jan. 26, 2022 Clearinghouse
21	RESPONSE in Opposition re 6 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction filed by Defendant Wyoming Republican Party Chairman. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (Shuck, Brian) Modified text and added link on 1/27/2022 (Court Staff, skb). (Attachment 3 replaced on 1/27/2022 to correct pagination) (Court Staff, skb). (Entered: 01/26/2022) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER	Jan. 26, 2022	Jan. 26, 2022 PACER
22	RESPONSE in Opposition re 6 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction filed by Defendant Wyoming Republican State Central Committee. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (Shuck, Brian) Modified text and added link on 1/27/2022 (Court Staff, skb). (Attachment 3 replaced on 1/27/2022 to correct pagination) (Court Staff, skb). (Entered: 01/26/2022) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER	Jan. 26, 2022	Jan. 26, 2022 PACER
23	ORDER by the Honorable Scott W Skavdahl denying 6 Motion for Temporary Restraining Order; denying 6 Motion for Preliminary Injunction. (Court Staff, skb) (Entered: 01/27/2022)	Jan. 27, 2022	Jan. 27, 2022 Clearinghouse
	Memorandum in Opposition	Jan. 27, 2022	Jan. 27, 2022 PACER
24	WAIVER OF SERVICE Returned Executed by Wyoming Republican Party Chairman 1/25/2022, answer due 3/28/2022 (Crank, Patrick) Modified text on 2/23/2022 (Court Staff, skb). (Entered: 02/15/2022)	Feb. 15, 2022	Feb. 15, 2022 PACER
25	WAIVER OF SERVICE Returned Executed by Wyoming Republican State Central Committee 1/25/2022, answer due 3/28/2022 (Crank, Patrick) Modified text on 2/23/2022 (Court Staff, skb). (Entered: 02/15/2022)	Feb. 15, 2022	Feb. 15, 2022 PACER
26	WAIVER OF SERVICE Returned Executed by Wyoming Governor 1/25/2022, answer due 3/28/2022 (Crank, Patrick) Modified text on 2/23/2022 (Court Staff, skb). (Entered: 02/15/2022)	Feb. 15, 2022	Feb. 15, 2022 PACER
27	STIPULATION of Dismissal by all parties pursuant to Fed.R.Civ.P. 41(a)(1)(A)(ii). (Attachments: # 1 Proposed Order) (Shuck, Brian) Modified text on 3/21/2022 (Court Staff, sjlg). (Entered: 03/20/2022) 1 Proposed Order View on PACER	March 20, 2022	March 20, 2022 Clearinghouse
28	DUPLICATE PLEADING. PLEASE SEE 27 - STIPULATION of Dismissal by Wyoming Republican State Central Committeepursuant to Fed.R.Civ.P. 41(a)(1)(A)(ii). (Attachments: # 1 Proposed Order) (Shuck, Brian) Modified text on 3/21/2022 (Court Staff, sjlg). (Entered: 03/20/2022)	March 20, 2022	March 20, 2022 PACER
29	ORDER DISMISSING ACTION WITH PREJUDICE by the Honorable Scott W Skavdahl granting 27 Stipulation of Dismissal. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the above-captioned action is hereby dismissed with prejudice and the parties have agreed to refrain from seeking an award of attorneys fees or costs related to the above-captioned action from this court. (Court Staff, stbd) (Entered: 03/24/2022)	March 24, 2022	March 24, 2022 PACER