Case: League of United Latino American Citizens v. Cox

2:18-cv-02572 | U.S. District Court for the District of Kansas

Filed Date: Oct. 26, 2018

Closed Date: Jan. 29, 2019

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Case Summary

This case involved allegations that a state official imposed a substantial burden that disproportionally impacted Hispanic voters when she, citing a concern for voter safety due to construction, moved a city’s sole voting location from the city’s Civic Center to a location one mile outside of the city. On October 26, 2018, A Dodge City resident assigned to vote in the new location (due to the close of the old location), along with the League of United Latin American Citizens of Kansas, filed su…

This case involved allegations that a state official imposed a substantial burden that disproportionally impacted Hispanic voters when she, citing a concern for voter safety due to construction, moved a city’s sole voting location from the city’s Civic Center to a location one mile outside of the city.

On October 26, 2018, A Dodge City resident assigned to vote in the new location (due to the close of the old location), along with the League of United Latin American Citizens of Kansas, filed suit in the U.S. District Court for the District of Kansas. The Plaintiffs alleged that while the Defendant’s decision to move the voting location restricted in-person, election day voting was burdensome to all Dodge City voters who would have restricted access to the new voting location, it was particularly burdensome to Dodge City’s Hispanic voters. The Plaintiffs sought declaratory relief, a temporary restraining order, and a permanent injunction. The Plaintiffs cited the First and Fourteenth Amendments, as well as Section 2 of the Voting Rights Act of 1965. The Plaintiffs were represented by the ACLU Foundation of Kansas. The case was initially assigned to District Judge John W Lungstrum but was reassigned to District Judge Daniel D. Crabtree on the same day.

The Plaintiffs filed a motion for a temporary restraining order on October 26, 2018. They claimed that a temporary restraining order would be necessary to ensure that thousands of voters would have access to in-person voting. They sought to have the original polling location at the Civic Center reopened for Election Day on November 6, 2018.

The Plaintiffs filed an Amended Complaint two days later, on October 28, 2018, with additional factual allegations.

 The court denied the Plaintiff’s motion for a temporary restraining order on November 1, 2018. The court held that it was not in the public's interest to open a new polling location within five days of the election. 

The Defendant filed a motion to dismiss on November 16, 2018 for failure to state a claim and lack of subject matter jurisdiction. They argued that as there was a publicly stated plan to open a second polling place for Dodge City voters, the case is moot. On January 25, 2019, the Plaintiffs filed a voluntary motion to dismiss without prejudice. The Plaintiffs stated that upon review of the Defendant’s announcement of a concrete, specific plan to open two accessible polling locations for Dodge City on January 22, 2019, they wished to voluntarily dismiss their complaint. The court granted the Plaintiff’s unopposed motion to dismiss and dismissed the action without prejudice.

Summary Authors

(4/4/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8090830/parties/rangel-lopez-v-ford-county-kansas-clerk/


Judge(s)

Crabtree, Daniel Dale (Kansas)

Attorney for Plaintiff

Bonds, Lauren (Kansas)

Johnson, Mark P. (Kansas)

Attorney for Defendant

Herren, Mitchell Lee (Kansas)

Expert/Monitor/Master/Other

Allman, Christopher (Kansas)

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Documents in the Clearinghouse

Document
1

2:18-cv-02572

Complaint

Rangel-Lopez v. Ford County, Kansas, Clerk

Oct. 26, 2018

Oct. 26, 2018

Complaint
7

2:18-cv-02572

Complaint

Rangel-Lopez v. Ford County, Kansas, Clerk

Oct. 28, 2018

Oct. 28, 2018

Complaint
22

2:18-cv-02572

Memorandum and Order Denying Motion for Temporary Restraining Order

Rangel-Lopez v. Ford County, Kansas, Clerk

Nov. 1, 2018

Nov. 1, 2018

Order/Opinion

344 F.Supp.3d 1285

25

2:18-cv-02572

Defendant's Motion to Dismiss

Rangel-Lopez v. Ford County, Kansas, Clerk

Nov. 16, 2018

Nov. 16, 2018

Pleading / Motion / Brief
26

2:18-cv-02572

Memorandum in Support of Motion to Dismiss

Rangel-Lopez v. Ford County, Kansas, Clerk

Nov. 16, 2018

Nov. 16, 2018

Pleading / Motion / Brief
25

2:18-cv-02572

Defendant's Motion to Dismiss

Rangel-Lopez v. Ford County, Kansas, Clerk

Nov. 16, 2018

Nov. 16, 2018

Pleading / Motion / Brief
28

2:18-cv-02572

Motion for Extension of Time to File Reply to Response to Motion to Dismiss

Rangel-Lopez v. Ford County, Kansas, Clerk

Dec. 17, 2018

Dec. 17, 2018

Pleading / Motion / Brief
31

2:18-cv-02572

Defendant's Motion to Stay Scheduling Conferences and Initial Scheduling

Jan. 2, 2019

Jan. 2, 2019

Pleading / Motion / Brief
34

2:18-cv-02572

Reply to Defendant's Motion to Stay Scheduling Conferences and Initial Scheduling

Rangel-Lopez v. Ford County, Kansas, Clerk

Jan. 22, 2019

Jan. 22, 2019

Pleading / Motion / Brief
36

2:18-cv-02572

Plaintiffs' Voluntary Motion to Dismiss without Prejudice

Rangel-Lopez v. Ford County, Kansas, Clerk

Jan. 25, 2019

Jan. 25, 2019

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8090830/rangel-lopez-v-ford-county-kansas-clerk/

Last updated May 8, 2024, 4:35 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with trial location of Kansas City ( Filing fee $400, Internet Payment Receipt Number AKSDC-4618004.), filed by Alejandro Rangel-Lopez, League of United Latin American Citizens, Kansas.(Shroff, Zal) (Entered: 10/26/2018)

Oct. 26, 2018

Oct. 26, 2018

Clearinghouse

Notice of Judge Assignment

Oct. 26, 2018

Oct. 26, 2018

PACER
2

CIVIL COVER SHEET by Plaintiffs League of United Latin American Citizens, Kansas, Alejandro Rangel-Lopez. (Shroff, Zal) (Entered: 10/26/2018)

Oct. 26, 2018

Oct. 26, 2018

PACER
3

DESIGNATION OF PLACE OF TRIAL filed by Plaintiffs League of United Latin American Citizens, Kansas, Alejandro Rangel-Lopez - trial to be held in Kansas City. (Shroff, Zal) (Entered: 10/26/2018)

Oct. 26, 2018

Oct. 26, 2018

PACER
4

MOTION for Temporary Restraining Order to reopen a polling location in Dodge City by Plaintiffs League of United Latin American Citizens, Kansas, Alejandro Rangel-Lopez (Shroff, Zal) (Entered: 10/26/2018)

Oct. 26, 2018

Oct. 26, 2018

PACER
5

MEMORANDUM IN SUPPORT of 4 MOTION for Temporary Restraining Order to reopen a polling location in Dodge City by Plaintiffs League of United Latin American Citizens, Kansas, Alejandro Rangel-Lopez (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Shroff, Zal) (Entered: 10/26/2018)

1

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3

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4

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5

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6

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7

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8

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9

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10

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12

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13

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14

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Oct. 26, 2018

Oct. 26, 2018

PACER

NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge John W Lungstrum and Magistrate Judge Teresa J. James for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ca)

Oct. 26, 2018

Oct. 26, 2018

PACER
6

ORDER OF RECUSAL. District Judge John W Lungstrum recused. Case reassigned to District Judge Daniel D. Crabtree for all further proceedings Signed by District Judge John W Lungstrum on 10/26/2018. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ses) (Entered: 10/26/2018)

Oct. 26, 2018

Oct. 26, 2018

PACER
7

AMENDED COMPLAINT against Ford County, Kansas, Clerk, filed by Alejandro Rangel-Lopez, League of United Latin American Citizens, Kansas.(Bonds, Lauren) (Entered: 10/28/2018)

Oct. 28, 2018

Oct. 28, 2018

Clearinghouse
8

ENTRY OF APPEARANCE by Mark P. Johnson on behalf of League of United Latin American Citizens, Kansas, Alejandro Rangel-Lopez (Johnson, Mark) (Entered: 10/29/2018)

Oct. 29, 2018

Oct. 29, 2018

RECAP

Motions No Longer Referred

Oct. 29, 2018

Oct. 29, 2018

PACER

Summons Issued

Oct. 29, 2018

Oct. 29, 2018

PACER

MOTION REFERRAL to Magistrate Judge REMOVED as to: 4 MOTION for Temporary Restraining Order to reopen a polling location in Dodge City. The motion will be resolved by the District Judge. (mn)

Oct. 29, 2018

Oct. 29, 2018

PACER

SUMMONS ISSUED as to Ford County, Kansas, Clerk. (issued to Attorney for service) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mam)

Oct. 29, 2018

Oct. 29, 2018

PACER
9

NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Telephone Conference set for 10/29/2018 at 03:30 PM - CONFERENCE LINE 1-888-363-4749; ACCESS CODE 8354715 before District Judge Daniel D. Crabtree. (mig) (Entered: 10/29/2018)

Oct. 29, 2018

Oct. 29, 2018

PACER
10

ENTRY OF APPEARANCE by Bradley Joseph Schlozman on behalf of Ford County, Kansas, Clerk (Schlozman, Bradley) (Entered: 10/29/2018)

Oct. 29, 2018

Oct. 29, 2018

PACER
11

ENTRY OF APPEARANCE by Mitchell L. Herren on behalf of Ford County, Kansas, Clerk (Herren, Mitchell) (Entered: 10/29/2018)

Oct. 29, 2018

Oct. 29, 2018

PACER
12

ENTRY OF APPEARANCE by Jeffrey Kuhlman on behalf of Ford County, Kansas, Clerk (Kuhlman, Jeffrey) (Entered: 10/29/2018)

Oct. 29, 2018

Oct. 29, 2018

PACER
13

MOTION to Transfer Case to the Wichita Division and for Accelerated Consideration of This Motion by Defendant Ford County, Kansas, Clerk (Schlozman, Bradley) (Entered: 10/29/2018)

Oct. 29, 2018

Oct. 29, 2018

RECAP
14

MEMORANDUM IN SUPPORT of 13 MOTION to Transfer Case to the Wichita Division and for Accelerated Consideration of This Motion by Defendant Ford County, Kansas, Clerk(Schlozman, Bradley) (Entered: 10/29/2018)

Oct. 29, 2018

Oct. 29, 2018

PACER
15

MINUTE ENTRY for proceedings held before District Judge Daniel D. Crabtree: TELEPHONE CONFERENCE held on 10/29/2018. (Court Reporter Kim Greiner.) (mig) (Entered: 10/29/2018)

Oct. 29, 2018

Oct. 29, 2018

PACER
16

NOTICE of United States Attorney's Intent to Observe Dodge City, Kansas, Voting Polling Places on November 6, 2018 by United States of America (Allman, Christopher) (Entered: 10/30/2018)

Oct. 30, 2018

Oct. 30, 2018

RECAP
17

NOTICE of Hearing. THIS IS AN OFFICIAL NOTICE FOR THIS HEARING The court will hold an in-person hearing on plaintiff's Motion for Temporary Restraining Order (Doc. 4 ) on 11/1/2018 at 09:30 AM in Topeka Courtroom 403 before District Judge Daniel D. Crabtree. In setting the place of the hearing, the court has considered defendant Deborah Cox's request to hold the hearing in Wichita. Balancing the defendant's travel burdens against the court's need to accommodate its existing responsibilities to its criminal docket in Kansas City on Thursday afternoon, the court concludes that Topeka feasibly balances the interests affecting the hearing's location. The court thus sets the hearing in Topeka, Kansas. This interim determination does not nullify or decide any other aspects of Defendant's Motion to Transfer Case to the Wichita Division and Accelerated Consideration of this Motion (Doc. 13). (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mig) (Entered: 10/30/2018)

Oct. 30, 2018

Oct. 30, 2018

PACER
18

RESPONSE by Defendant Ford County, Kansas, Clerk re 4 MOTION for Temporary Restraining Order to reopen a polling location in Dodge City (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Schlozman, Bradley) (Entered: 10/30/2018)

1 Exhibit 1

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2 Exhibit 2

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Oct. 30, 2018

Oct. 30, 2018

RECAP
19

RESPONSE by Plaintiffs League of United Latin American Citizens, Kansas, Alejandro Rangel-Lopez, Interested Party United States of America re 13 MOTION to Transfer Case to the Wichita Division and for Accelerated Consideration of This Motion (Bonds, Lauren) (Entered: 10/30/2018)

Oct. 30, 2018

Oct. 30, 2018

RECAP
20

REPLY TO RESPONSE TO MOTION by Plaintiffs League of United Latin American Citizens, Kansas, Alejandro Rangel-Lopez, Interested Party United States of America re: 4 MOTION for Temporary Restraining Order to reopen a polling location in Dodge City (Bonds, Lauren) (Entered: 10/31/2018)

Oct. 31, 2018

Oct. 31, 2018

RECAP
21

MINUTE ENTRY for proceedings held before District Judge Daniel D. Crabtree: MOTION HEARING held on 11/1/2018 re 4 MOTION for Temporary Restraining Order to reopen a polling location in Dodge City filed by League of United Latin American Citizens, Kansas, Alejandro Rangel-Lopez. (Court Reporter Kim Greiner.) (Attachments: # 1 Witness Sheet, # 2 Plaintiffs' Exhibit List, # 3 Defendant's Exhibit List) (mig) (Entered: 11/01/2018)

1 Witness Sheet

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2 Exhibit List

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3 Exhibit List

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Nov. 1, 2018

Nov. 1, 2018

RECAP
22

MEMORANDUM AND ORDER denying 4 Plaintiffs' Motion for a Temporary Restraining Order. Signed by District Judge Daniel D. Crabtree on 11/01/2018. (mig) (Entered: 11/01/2018)

Nov. 1, 2018

Nov. 1, 2018

Clearinghouse
23

TRANSCRIPT of Motion Hearing held November 1, 2018 before Judge Daniel D. Crabtree, Court Reporter Kim Greiner, 913-735-2314, kim_greiner@ksd.uscourts.gov. Transcript purchased by: United States Attorney's Office. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Release of Transcript Restriction set for 1/31/2019. (kg) (Entered: 11/02/2018)

Nov. 2, 2018

Nov. 2, 2018

PACER
24

REPLY TO RESPONSE TO MOTION by Defendant Ford County, Kansas, Clerk re: 13 MOTION to Transfer Case to the Wichita Division and for Accelerated Consideration of This Motion (Herren, Mitchell) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER
25

MOTION to Dismiss by Defendant Ford County, Kansas, Clerk (Schlozman, Bradley) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

Clearinghouse
26

MEMORANDUM IN SUPPORT of 25 MOTION to Dismiss by Defendant Ford County, Kansas, Clerk (Attachments: # 1 Ex. 1 Affidavit)(Schlozman, Bradley) (Entered: 11/16/2018)

1 Ex. 1 Affidavit

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Nov. 16, 2018

Nov. 16, 2018

Clearinghouse
27

MEMORANDUM IN OPPOSITION by Plaintiffs League of United Latin American Citizens, Kansas, Alejandro Rangel-Lopez re 25 MOTION to Dismiss (Attachments: # 1 Ex. 1, # 2 Ex. 2, # 3 Ex. 3, # 4 Ex. 4, # 5 Ex. 5, # 6 Ex. 6, # 7 Ex. 7)(Bonds, Lauren) (Entered: 12/07/2018)

Dec. 7, 2018

Dec. 7, 2018

PACER
28

Unopposed MOTION for Extension of Time to File Reply as to 25 MOTION to Dismiss Plaintiffs' First Amended Complaint by Defendant Ford County, Kansas, Clerk (Schlozman, Bradley) (Entered: 12/17/2018)

Dec. 17, 2018

Dec. 17, 2018

Clearinghouse

Motions No Longer Referred

Dec. 17, 2018

Dec. 17, 2018

PACER

MOTION REFERRAL to Magistrate Judge REMOVED as to: 28 Unopposed MOTION for Extension of Time to File Reply as to 25 MOTION to Dismiss Plaintiffs' First Amended Complaint. The motion will be resolved by the District Judge. (mn)

Dec. 17, 2018

Dec. 17, 2018

PACER
29

ORDER granting 28 Motion for Extension of Time to File Reply re 25 MOTION to Dismiss. Reply deadline extended to 1/3/2019. Signed by District Judge Daniel D. Crabtree on 12/17/2018. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mig) (Entered: 12/17/2018)

Dec. 17, 2018

Dec. 17, 2018

PACER
30

REPLY TO RESPONSE TO MOTION by Defendant Ford County, Kansas, Clerk re: 25 MOTION to Dismiss (Attachments: # 1 Ex. A, # 2 Ex. B, # 3 Ex. C)(Schlozman, Bradley) (Entered: 01/02/2019)

Jan. 2, 2019

Jan. 2, 2019

PACER
31

MOTION Defendant's Motion to Stay (i) Planning/Scheduling Conferences and (ii) Issuance of an Initial Scheduling Order by Defendant Ford County, Kansas, Clerk (referred to Magistrate Judge Teresa J. James) (Schlozman, Bradley) (Entered: 01/02/2019)

Jan. 2, 2019

Jan. 2, 2019

Clearinghouse
32

MEMORANDUM IN SUPPORT of 31 MOTION Defendant's Motion to Stay (i) Planning/Scheduling Conferences and (ii) Issuance of an Initial Scheduling Order by Defendant Ford County, Kansas, Clerk (Attachments: # 1 Exhibit A)(Schlozman, Bradley) (Entered: 01/02/2019)

Jan. 2, 2019

Jan. 2, 2019

PACER
33

MEMORANDUM IN OPPOSITION by Plaintiffs League of United Latin American Citizens, Kansas, Alejandro Rangel-Lopez re 31 MOTION Defendant's Motion to Stay (i) Planning/Scheduling Conferences and (ii) Issuance of an Initial Scheduling Order (Shroff, Zal) (Entered: 01/09/2019)

Jan. 9, 2019

Jan. 9, 2019

PACER
34

REPLY TO RESPONSE TO MOTION by Defendant Ford County, Kansas, Clerk re: 31 MOTION Defendant's Motion to Stay (i) Planning/Scheduling Conferences and (ii) Issuance of an Initial Scheduling Order (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Schlozman, Bradley) (Entered: 01/22/2019)

Jan. 22, 2019

Jan. 22, 2019

Clearinghouse
35

SUPPLEMENT to 30 Reply to Response to Motion, 25 MOTION to Dismiss by Defendant Ford County, Kansas, Clerk. (Attachments: # 1 Exhibit 1)(Schlozman, Bradley) (Entered: 01/23/2019)

Jan. 23, 2019

Jan. 23, 2019

PACER
36

MOTION to Dismiss Voluntarily Without Prejudice by Plaintiffs League of United Latin American Citizens, Kansas, Alejandro Rangel-Lopez (Bonds, Lauren) (Entered: 01/25/2019)

Jan. 25, 2019

Jan. 25, 2019

Clearinghouse
37

MEMORANDUM IN SUPPORT of 36 MOTION to Dismiss Voluntarily Without Prejudice by Plaintiffs League of United Latin American Citizens, Kansas, Alejandro Rangel-Lopez(Bonds, Lauren) (Entered: 01/25/2019)

Jan. 25, 2019

Jan. 25, 2019

PACER
38

RESPONSE by Defendant Ford County, Kansas, Clerk re 36 MOTION to Dismiss Voluntarily Without Prejudice (Schlozman, Bradley) (Entered: 01/28/2019)

Jan. 28, 2019

Jan. 28, 2019

Clearinghouse
39

ORDER granting 36 Motion to Dismiss. Case is dismissed without prejudice. Signed by District Judge Daniel D. Crabtree on 1/29/2019. (ydm) (Entered: 01/30/2019)

Jan. 30, 2019

Jan. 30, 2019

Clearinghouse

Case Details

State / Territory: Kansas

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: Oct. 26, 2018

Closing Date: Jan. 29, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A Dodge City resident assigned to vote in the new location, along with the League of United Latin American Citizens of Kansas.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

DEBORAH COX, FORD COUNTY CLERK, in her official capacity (Dodge City, Ford), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Discrimination Basis:

Race discrimination

Affected National Origin/Ethnicity(s):

Hispanic

Voting:

Voting: General & Misc.

Voting: Physical/Effective Access