Case: Stencil v. Johnson

2:22-cv-00305 | U.S. District Court for the Eastern District of Wisconsin

Filed Date: March 10, 2022

Closed Date: June 6, 2022

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Case Summary

This is a case about the response to purported election fraud during the 2020 presidential election. On March 10, 2022, residents of the state of Wisconsin filed this lawsuit in the United States District Court for the Eastern District of Wisconsin. The residents sued a United States Senator from Wisconsin and two United States Representatives from Wisconsin for violation of Section 3 of the Fourteen Amendment of the United States Constitution. In the complaint, the Wisconsin residents alleged…

In the complaint, the Wisconsin residents alleged that the Congressmen conspired to and voluntarily assisted with the events of January 6, 2021, which constituted an "insurrection or rebellion against the United States" as that phrase is used in Section 3 of the Fourteenth Amendment of the U.S. Constitution. The residents sought a declaratory judgment that the Congressmen, who took oaths as members of Congress, engaged in insurrection or rebellion against the United States of America by perpetrating falsehoods about purported election fraud that occurred throughout the United States during the 2020 presidential election cycle. In their single-count complaint, the residents seek a declaratory judgment that the events on January 6, 2021 constituted an "insurrection or rebellion against the United States" and that the Congressmen engaged in that insurrection, in violation of the Disqualification Clause of the Constitution.

On April 1, 2022, a pro se citizen of the United States moved to file an amicus brief, reiterating the Wisconsin residents' claim that the Congressmen violated the United States Constitution by participating in the events of January 6, 2021.

On April 15, 2022, the United States Representatives moved to dismiss the complaint. In so moving, the Representatives argued that the Wisconsin residents lacked standing as citizen voters because the Congressmen's alleged wrongdoing would adversely affect the generalized interests of all citizens, which is not enough to confer standing. The Representatives secondarily contended that even if the residents had standing to pursue their complaint, the House of Representatives has sole authority to determine the qualifications of its members, divesting the Court of authority to issue the declaratory relief sought by the residents.

On April 29, 2022, the remaining defendant, a United States Senator, separately moved to dismiss. The Senator argued that there is no private right to enforce the Disqualification Clause of the United States Constitution and that the residents alleged only a generalized concern that was not sufficiently concrete to confer standing. The Senator also argued that Congress had exclusive authority to disqualify its members. Finally, even if jurisdiction were proper, the Senator urged that the residents failed to state a claim for relief because the residents seek a declaratory judgment with no legal effect.

The residents filed briefs in response to the motions to dismiss on May 6 and May 13, respectively. The residents contended that they have standing to pursue their claims because they are activist voters and were unable to devote time to their activism because they had to focus on the Congressmen's insistence on running for re-election despite their insurrection.

On May 13, 2022, the Wisconsin Institute for Law & Liberty Inc. ("WILL") moved to file an amicus brief. In the proposed amicus brief, WILL contended that the residents attempted to silence the Congressmen's First Amendment rights by labeling their social media posts as insurrection. WILL argued that the residents did not allege--nor could they--that the Congressmen broke any law or encourage another individual to do so.

On May 24, 2022, the Wisconsin Democracy Campaign ("WDC") moved to file an amicus brief. In the proposed amicus brief, WDC argued that the Court was an appropriate venue to ensure accountability of those who participated in the events of January 6, 2021.

On June 3, 2022, the Court granted the motions to dismiss and denied the requests for leave to file amicus briefs. In granting the motions to dismiss, the Court pointed out that the residents wished to obtain an advance ruling as to whether the Congressmen engaged in insurrection or rebellion under Section 3 of the Fourteenth Amendment, then take that ruling to the Wisconsin Elections Commission for enforcement. The Court declined to issue the residents' desired declaration, concluding that under Wisconsin law, the Wisconsin Elections Commission had the right to independently investigate ballot-eligibility issues and that the residents' complaint was therefore better suited for a state administrative proceeding rather than a federal court. The case was terminated three days later, on June 6, 2022.

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Summary Authors

LFAA (8/13/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63148805/parties/stencil-v-johnson/

Judge(s)

Adelman, Lynn S. (Wisconsin)

Attorney for Plaintiff

Attorney for Defendant

Avers, Robert (Wisconsin)

Burnett, George (Wisconsin)

Expert/Monitor/Master/Other

Colon, Steven A (Wisconsin)

Esenberg, Richard M (Wisconsin)

Judge(s)

Adelman, Lynn S. (Wisconsin)

Attorney for Plaintiff

Goode, Joseph S (Wisconsin)

Leitner, Mark M (Wisconsin)

Attorney for Defendant

Avers, Robert (Wisconsin)

Burnett, George (Wisconsin)

Jr, Julian R (Wisconsin)

Kreul, Thomas G (Wisconsin)

Murray, Christopher O (Wisconsin)

Spies, Charles R (Wisconsin)

Expert/Monitor/Master/Other

Colon, Steven A (Wisconsin)

Esenberg, Richard M (Wisconsin)

LoCoco, Anthony F (Wisconsin)

Poland, Douglas M (Wisconsin)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 2:22-cv-00305	Complaint	March 10, 2022	March 10, 2022 Complaint
11 2:22-cv-00305	Order	March 31, 2022	March 31, 2022 Order/Opinion
15 2:22-cv-00305	An Amicus Brief in Support of the Defendants with a Constitutional Question	April 1, 2022	April 1, 2022 Pleading / Motion / Brief
19 2:22-cv-00305	Defendants Thomas P. Tiffany and Scott L. Fitzgerald's Motion to Dismiss Plaintiffs' Complaint	April 15, 2022	April 15, 2022 Pleading / Motion / Brief
22 2:22-cv-00305	Defendant Ronald H. Johnson's Memorandum in Support of Motion to DIsmiss	April 29, 2022	April 29, 2022 Pleading / Motion / Brief
21 2:22-cv-00305	Defendant Ronald H. Johnson's Motion to Dismiss	April 29, 2022	April 29, 2022 Pleading / Motion / Brief
23 2:22-cv-00305	Plaintiffs' Brief in Opposition to Motion to Dismiss of Defendants Thomas P. Tiffany and Scott L. Fitzgerald	May 6, 2022	May 6, 2022 Pleading / Motion / Brief
38-1 2:22-cv-00305	Brief of Amicus Curiae Wisconsin Institution for Law & Liberty, Inc. In Support of Defendants Tiffany and Fitzgerald's Motion to Dismiss and Defendant Johnson's Motion to Dismiss	May 13, 2022	May 13, 2022 Pleading / Motion / Brief
39 2:22-cv-00305	Plaintiffs' Brief in Opposition to Motion to Dismiss of Defendant Ronald H. Johnson	May 13, 2022	May 13, 2022 Pleading / Motion / Brief
41 2:22-cv-00305	Defendants Thomas P. Tiffany and Scott L. Fitzgerald's Reply in Support of their Rule 12(B)(1) and 12(B)(6) Motion to Dismiss Plaintiffs' Complaint	May 20, 2022	May 20, 2022 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/63148805/stencil-v-johnson/

Last updated Aug. 14, 2025, 9:04 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants by James B. Kurz, Lisa C. Mueller, Margaret L. DeMuth, James R. Botsford, Daniel C. Russler, Paul DeMain, Maranto L. Cheryl, Nancy A. Stencil, Richard Bechen, Gerard D. Lisi. ( Filing Fee PAID $402 receipt number AWIEDC-4060379) (Attachments: # 1 Summons for Ronald H. Johnson, # 2 Summons for Thomas P. Tiffany, # 3 Summons for Scott L. Fitzgerald, # 4 Civil Cover Sheet)(Goode, Joseph) Modified on 3/11/2022 (jcl). 1 Summons for Ronald H Johnson View on PACER 2 Summons for Thomas P Tiffany View on PACER 3 Summons for Scott L Fitzgerald View on PACER 4 Civil Cover Sheet View on PACER	March 10, 2022	March 10, 2022 Clearinghouse
	Notice of Judge Assignment	March 10, 2022	March 10, 2022 PACER
	NOTICE Regarding assignment of this matter to Judge Lynn Adelman; Consent/refusal forms for Magistrate Judge Dries to be filed within 21 days; the consent/refusal form is available here. Pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed. (jcl)	March 10, 2022	March 10, 2022 PACER
2	DISCLOSURE Statement by All Plaintiffs. (Goode, Joseph)	March 10, 2022	March 10, 2022 PACER
	Summons Issued as to All Defendants (jcl)	March 11, 2022	March 11, 2022 PACER
	Summons Issued	March 11, 2022	March 11, 2022 PACER
3	Magistrate Judge Jurisdiction Form filed by All Plaintiffs. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Goode, Joseph)	March 14, 2022	March 14, 2022 PACER
4	NOTICE of Appearance by Joseph S Goode on behalf of All Plaintiffs. Attorney(s) appearing: Joseph S. Goode (Goode, Joseph)	March 14, 2022	March 14, 2022 Clearinghouse
5	NOTICE of Appearance by Mark M Leitner on behalf of All Plaintiffs. Attorney(s) appearing: Mark M. Leitner (Leitner, Mark)	March 14, 2022	March 14, 2022 PACER
6	ADMISSION OF SERVICE of Summons, Complaint, Civil Cover Sheet on 03/15/2022 at 7:55 p.m. by Ronald H. Johnson (Goode, Joseph)	March 22, 2022	March 22, 2022 PACER
7	ADMISSION OF SERVICE of Summons, Complaint, Civil Cover Sheet on 03/25/22 at 10:40 am by Thomas P. Tiffany (Goode, Joseph)	March 28, 2022	March 28, 2022 PACER
8	ADMISSION OF SERVICE of Summons, Complaint, Civil Cover Sheet on 03/11/22 at 3:55 pm by Valarie Stamper (Goode, Joseph)	March 28, 2022	March 28, 2022 PACER
9	NOTICE of Appearance by Robert Avers on behalf of Scott L Fitzgerald, Thomas P Tiffany. Attorney(s) appearing: Robert L. Avers (Avers, Robert)	March 29, 2022	March 29, 2022 PACER
10	STIPULATION to Extend Time by Scott L Fitzgerald. (Attachments: # 1 Text of Proposed Order)(Avers, Robert)	March 30, 2022	March 30, 2022 PACER
11	ORDER signed by Judge Lynn Adelman on 03/31/2022; Granting 10 Stipulation. (cc: all counsel)(bx)	March 31, 2022	March 31, 2022 Clearinghouse
12	STIPULATION to Extend Time and Amend Briefing Schedule by Ronald H Johnson. (Burnett, George)	March 31, 2022	March 31, 2022 PACER
13	PROPOSED (Proposed) Order (Regarding Stipulation to Extend Time and Amend Briefing Schedule) filed by Ronald H Johnson. (Burnett, George)	March 31, 2022	March 31, 2022 PACER
	NOTICE of Electronic Filing Error re 13 Proposed Document filed by Ronald H Johnson ; Proposed Orders should be e-filed as an attachment to the stipulation or motion and NOT e-filed as a separate document. Please ensure that the proposed order has been emailed to the proposed email box for the assigned judge in Word format. This document does not need to be re-filed; Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (jcl)	March 31, 2022	March 31, 2022 PACER
14	ORDER signed by Judge Lynn Adelman on 4/1/2022 GRANTING 12 Stipulation filed by Ronald H Johnson. (cc: all counsel)(blr)	April 1, 2022	April 1, 2022 PACER
	Set/Reset Deadlines: Ronald H Johnson answer due 4/29/2022. (blr)	April 1, 2022	April 1, 2022 PACER
15	MOTION to File Amicus Brief by Steven A Colon (jcl) (Entered: 04/04/2022)	April 1, 2022	April 1, 2022 Clearinghouse
	Set/Reset Deadlines	April 1, 2022	April 1, 2022 PACER
	Notice of Electronic Filing Error	April 1, 2022	April 1, 2022 PACER
16	NOTICE of Appearance by Charles R Spies on behalf of Scott L Fitzgerald, Thomas P Tiffany. Attorney(s) appearing: Charles. R. Spies (Spies, Charles)	April 6, 2022	April 6, 2022 PACER
17	NOTICE of Appearance by Thomas G Kreul on behalf of Scott L Fitzgerald, Thomas P Tiffany. Attorney(s) appearing: Thomas G. Kreul (Kreul, Thomas)	April 14, 2022	April 14, 2022 PACER
18	DISCLOSURE Statement by Scott L Fitzgerald, Thomas P Tiffany. (Avers, Robert)	April 15, 2022	April 15, 2022 PACER
19	MOTION to Dismiss Plaintiffs' Complaint by Scott L Fitzgerald, Thomas P Tiffany. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Avers, Robert) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER	April 15, 2022	April 15, 2022 Clearinghouse
20	DISCLOSURE Statement by Ronald H Johnson. (Murray, Christopher)	April 29, 2022	April 29, 2022 PACER
21	MOTION to Dismiss by Ronald H Johnson. (Murray, Christopher)	April 29, 2022	April 29, 2022 Clearinghouse
22	BRIEF in Support filed by Ronald H Johnson re 21 MOTION to Dismiss . (Attachments: # 1 Exhibit A to Memorandum in Support of Motion to Dismiss)(Murray, Christopher) 1 Exhibit A to Memorandum in Support of Motion to Dismiss View on PACER	April 29, 2022	April 29, 2022 Clearinghouse
23	RESPONSE to Motion filed by All Plaintiffs re 19 MOTION to Dismiss Plaintiffs' Complaint . (Attachments: # 1 Exhibit B - Declaration of Candidacy, # 2 Exhibit A - Candidate Tracking by Office)(Goode, Joseph) 1 Exhibit B - Declaration of Candidacy View on PACER 2 Exhibit A - Candidate Tracking by Office View on PACER	May 6, 2022	May 6, 2022 Clearinghouse
24	DECLARATION of Cheryl L. Maranto (Goode, Joseph)	May 6, 2022	May 6, 2022 PACER
25	DECLARATION of Richard Bechen (Goode, Joseph)	May 6, 2022	May 6, 2022 PACER
26	DECLARATION of Margaret L. DeMuth (Goode, Joseph)	May 6, 2022	May 6, 2022 PACER
27	DECLARATION of James B. Kurz (Goode, Joseph)	May 6, 2022	May 6, 2022 PACER
28	DECLARATION of Paul DeMain (Goode, Joseph)	May 6, 2022	May 6, 2022 PACER
29	DECLARATION of Nancy A. Stencil (Goode, Joseph)	May 6, 2022	May 6, 2022 PACER
30	DECLARATION of James R. Botsford (Goode, Joseph)	May 6, 2022	May 6, 2022 PACER
31	DECLARATION of Daniel C. Russler (Goode, Joseph)	May 6, 2022	May 6, 2022 PACER
32	DECLARATION of Gerald D. Lisi (Goode, Joseph)	May 6, 2022	May 6, 2022 PACER
33	DECLARATION of Lisa C. Mueller (Goode, Joseph)	May 6, 2022	May 6, 2022 PACER
34	APPENDIX by All Plaintiffs of Unpublished Authorities. (Goode, Joseph)	May 6, 2022	May 6, 2022 PACER
35	Amicus Curiae APPEARANCE entered by Anthony F LoCoco on behalf of Wisconsin Institute for Law & Liberty Inc. (LoCoco, Anthony)	May 13, 2022	May 13, 2022 Clearinghouse
36	Amicus Curiae APPEARANCE entered by Richard M Esenberg on behalf of Wisconsin Institute for Law & Liberty Inc. (Esenberg, Richard)	May 13, 2022	May 13, 2022 PACER
37	DISCLOSURE Statement by Wisconsin Institute for Law & Liberty Inc. (LoCoco, Anthony)	May 13, 2022	May 13, 2022 PACER
38	MOTION to File Amicus Brief by Wisconsin Institute for Law & Liberty Inc. (Attachments: # 1 Proposed Brief of Amicus Curiae)(LoCoco, Anthony) 1 Proposed Brief of Amicus Curiae View on RECAP	May 13, 2022	May 13, 2022 PACER
39	RESPONSE to Motion filed by All Plaintiffs re 21 MOTION to Dismiss of Defendant Ronald H. Johnson. (Goode, Joseph)	May 13, 2022	May 13, 2022 Clearinghouse
40	APPENDIX by All Plaintiffs of Unpublished Authorities Cited in Plaintiffs' Opposition to Motion to Dismiss of Defendant Ronald H. Johnson. (Goode, Joseph)	May 13, 2022	May 13, 2022 PACER
	NOTICE of Electronic Filing Error re 39 Response to Motion filed by Lisa C Mueller, Daniel C Russler, James R Botsford, Margaret L DeMuth, Maranto L Cheryl, Richard Bechen, Paul DeMain, Gerard D Lisi, Nancy A Stencil, James B Kurz ; All documents should contain the s/signature of the attorney who files the document. This document does not match the docket entry. This does not need to be re-filed; Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (jcl)	May 13, 2022	May 13, 2022 PACER
	Notice of Electronic Filing Error	May 16, 2022	May 16, 2022 PACER
41	REPLY BRIEF in Support filed by Scott L Fitzgerald, Thomas P Tiffany re 19 MOTION to Dismiss Plaintiffs' Complaint . (Attachments: # 1 Exhibit A)(Avers, Robert) 1 Exhibit A View on PACER	May 20, 2022	May 20, 2022 Clearinghouse
42	REPLY BRIEF in Support filed by Ronald H Johnson re 21 MOTION to Dismiss . (Attachments: # 1 Exhibit A to Reply Memorandum in Support of Motion to Dismiss)(Murray, Christopher) 1 Exhibit A to Reply Memorandum in Support of Motion to Dismiss View on PACER	May 20, 2022	May 20, 2022 Clearinghouse
43	MOTION for Leave to File OPPOSITION TO AMICUS CURIAE BRIEF by All Plaintiffs. (Goode, Joseph)	May 20, 2022	May 20, 2022 PACER
	NOTICE of Electronic Filing Error re 41 Reply Brief in Support of Motion filed by Thomas P Tiffany, Scott L Fitzgerald ; All documents should contain the s/signature of the attorney who files the document. This document does not need to be re-filed; Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (jcl)	May 20, 2022	May 20, 2022 PACER
	Notice of Electronic Filing Error	May 23, 2022	May 23, 2022 PACER
44	REPLY BRIEF in Support filed by Wisconsin Institute for Law & Liberty Inc re 38 MOTION to File Amicus Brief . (LoCoco, Anthony)	May 24, 2022	May 24, 2022 Clearinghouse
45	MOTION to File Amicus Brief by Wisconsin Democracy Campaign. (Attachments: # 1 Brief of Amicus Curiae Wisconsin Democracy Campaign)(Poland, Douglas) 1 View on RECAP	May 24, 2022	May 24, 2022 PACER
46	DISCLOSURE Statement by Wisconsin Democracy Campaign. (Poland, Douglas)	May 24, 2022	May 24, 2022 PACER
47	LETTER from Joseph S. Goode to the Court Regarding the Reply of WILL. (Goode, Joseph)	May 24, 2022	May 24, 2022 Clearinghouse
48	Rule 7(h) Expedited Non-Dispositive MOTION to Expedite Discovery by All Plaintiffs. (Goode, Joseph)	May 24, 2022	May 24, 2022 PACER
49	Rule 7(h) Expedited Non-Dispositive MOTION for Oral Argument on Motions to Dismiss by All Plaintiffs. (Goode, Joseph)	May 24, 2022	May 24, 2022 PACER
50	LETTER from Anthony LoCoco on behalf of Wisconsin Institute for Law & Liberty, Inc. re Plaintiffs' Letter, Dkt. 47. (LoCoco, Anthony)	May 25, 2022	May 25, 2022 PACER
51	NOTICE of Appearance by Julian Ellis on behalf of Ronald H Johnson. Attorney(s) appearing: Julian R. Ellis, Jr. (Ellis, Julian)	May 25, 2022	May 25, 2022 PACER
52	SUPPLEMENT by All Plaintiffs Submission of Subsequently Decided Authority. (Attachments: # 1 Exhibit A to Submission of Subsequently Decided Authority)(Goode, Joseph)	May 26, 2022	May 26, 2022 PACER
53	RESPONSE to Motion filed by Scott L Fitzgerald, Thomas P Tiffany re 48 Rule 7(h) Expedited Non-Dispositive MOTION to Expedite Discovery Response in Opposition to Plaintiffs Motion for Leave to Conduct Expedited Discovery. (Avers, Robert)	May 31, 2022	May 31, 2022 Clearinghouse
54	APPENDIX by Scott L Fitzgerald, Thomas P Tiffany Appendix of Unpublished Authorities Cited in Defendants Tiffany and Fitzgerald Response in Opposition to Plaintiffs Motion for Leave to Conduct Expedited Discovery. (Avers, Robert)	May 31, 2022	May 31, 2022 PACER
55	RESPONSE to Motion filed by Scott L Fitzgerald, Thomas P Tiffany re 49 Rule 7(h) Expedited Non-Dispositive MOTION for Oral Argument on Motions to Dismiss Response in Partial Opposition to Plaintiffs Motion for Oral Argument on Motions to Dismiss. (Avers, Robert)	May 31, 2022	May 31, 2022 Clearinghouse
56	RESPONSE to Motion filed by Ronald H Johnson re 48 Rule 7(h) Expedited Non-Dispositive MOTION to Expedite Discovery . (Murray, Christopher)	May 31, 2022	May 31, 2022 PACER
57	RESPONSE to Motion filed by Ronald H Johnson re 49 Rule 7(h) Expedited Non-Dispositive MOTION for Oral Argument on Motions to Dismiss . (Murray, Christopher)	May 31, 2022	May 31, 2022 PACER
58	ORDER signed by Judge Lynn Adelman on 6/3/22. IT IS ORDERED that the defendants' motions to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(1) (ECF Nos. 19 & 21 ) are GRANTED. IT IS FURTHER ORDERED that the motions to file briefs as amici curiae (ECF Nos. 15, 38 & 45 ) are DENIED. IT IS FURTHER ORDERED that the plaintiffs' motion for leave to file a response to an amicus brief (ECF No. 43 ) is DENIED. IT IS FURTHER ORDERED that the plaintiffs' motion for oral argument (ECF No. 49 ) is DENIED. IT IS FURTHER ORDERED that the plaintiffs' motion for expedited discovery (ECF No. 48 ) is DENIED as moot. FINALLY, IT IS ORDERED that the Clerk of Court shall enter final judgment. (cc: all counsel)(kmr)	June 3, 2022	June 3, 2022 Clearinghouse
59	JUDGMENT signed by Deputy Clerk on 6/3/22. (cc: all counsel)(kmr)	June 3, 2022	June 3, 2022 Clearinghouse
	Case Terminated (jcl)	June 6, 2022	June 6, 2022 PACER
	Terminate Case - Notice Attorneys	June 6, 2022	June 6, 2022 PACER