Case: Allen v. Waller County, Texas

4:18-cv-03985 | U.S. District Court for the Southern District of Texas

Filed Date: Oct. 12, 2018

Closed Date: April 14, 2022

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Case Summary

This case involved allegations that county officials failed to allocate sufficient time for early voting during the 2018 general election cycle to Prairie View A&M University (PVAMU) (a historically Black university) in the State of Texas as compared to the other surrounding areas. Individual students and a student and alumni organization PVAMU, represented by NAACP Legal Defense and Educational Fund attorneys, filed suit in the U.S. District Court for the Southern District of Texas Houston Div…

Individual students and a student and alumni organization PVAMU, represented by NAACP Legal Defense and Educational Fund attorneys, filed suit in the U.S. District Court for the Southern District of Texas Houston Division on October 22, 2018, requesting that Defendants be ordered to provide “at least parity, standardized, or otherwise adequate early voting hours to Prairie View and PVAMU as compared to other Waller County cities.” Defendants included Waller County, the Waller County Commissioners Court, the Waller County Elections Administrator and Chief Election Official, and the Waller County Judge. Plaintiffs asserted that Defendants’ actions violated their rights under the Voting Rights Act as well as under the Fourteenth, Fifteenth, and Twenty-Sixth Amendments of the U.S. Constitution. The case was assigned to Judge Nacy F Atlas, who recused herself, then to Judge Gray H Miller, who recused himself, and then to Judge Charles Eskridge.

Plaintiffs filed their original complaint in October 2018, which was amended on April 26, 2019. As amended, Plaintiffs asserted that the early voting schedule for the 2018 general election set by the Waller County Commissioners Court was discriminatory on the basis of race and age, and that Defendants’ related actions violated the Fourteenth, Fifteenth, and Twenty-Sixth Amendments to the United States Constitution and Section 2 of the Voting Rights Act.

In addition to the complaint, on October 24, 2018, Plaintiffs filed a motion for a temporary restraining order requesting that the court order Defendants to stop their discriminatory voting practices ahead of the November 2018 elections. This motion was later withdrawn, however, on October 29, 2018, after the parties agreed to discuss a settlement with respect to the 2018 election cycle.

Defendants moved to dismiss Plaintiffs’ complaint pursuant to Rule 12(b)(6) on May 10 2019. Defendants also moved for summary judgment after the close of discovery on January 24, 2020. The motion to dismiss was denied, and a hearing was set on the motion for summary judgment on July 15, 2020. The motion for summary judgment was later denied, given the complexity of the factual analysis necessary and the many disputes between the parties in that regard.

A bench trial of this matter commenced on September 28, 2020, amid the COVID-19 pandemic. The parties attended post-trial mediation in November 2020, but they were unable to reach a settlement.

After several requested extensions, the parties filed proposed findings of fact and conclusions of law on March 30, 2021. On March 24, 2022, the court issued its findings of fact and conclusions of law determining that (1) the plaintiffs were unable to establish that the early voting schedule adopted and implemented by Waller County during the 2018 election was unconstitutional and (2) the plaintiffs failed to prove their claims that Waller County’s actions violated Section 2 of the Voting Rights Act. On April 14, 2022, the court issued a final judgement in favor of the Defendants, and the case was dismissed.

Summary Authors

Garrett Gaughan (6/14/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8065937/parties/damon-johnson-v-waller-county-texas/

Judge(s)

Eskridge, Charles R (Texas)

Attorney for Plaintiff

Aden, Leah (Texas)

Cusick, John S (Texas)

Harrison, Julie Goodrich (Texas)

Attorney for Defendant

Dorsey, Elizabeth Anne (Texas)

Judge(s)

Eskridge, Charles R (Texas)

Attorney for Plaintiff

Aden, Leah (Texas)

Cusick, John S (Texas)

Harrison, Julie Goodrich (Texas)

Johnson, Kristen A (Texas)

Lance, Steven C. (Texas)

Meza, Catherine (Texas)

Ross, Deuel (Texas)

Attorney for Defendant

Dorsey, Elizabeth Anne (Texas)

Jr, Elton R (Texas)

Seaquist, Gunnar Peterson (Texas)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 4:18-cv-03985	Plaintiffs' Original Complaint	Oct. 22, 2018	Oct. 22, 2018 Complaint
10 4:18-cv-03985	Order for Pretrial Conference	Oct. 23, 2018	Oct. 23, 2018 Order/Opinion
16 4:18-cv-03985	Plaintiff's Emergency Motion for Temporary Restraining Order	Oct. 24, 2018	Oct. 24, 2018 Pleading / Motion / Brief
17 4:18-cv-03985	Memorandum in Support of Plaintiffs' Emergency Motion for Temporary Restraining Order	Oct. 24, 2018	Oct. 24, 2018 Pleading / Motion / Brief
22 4:18-cv-03985	Plaintiffs' Motion to Withdraw Plaintiffs' Emergency Motion for Temporary Restraining Order	Oct. 29, 2018	Oct. 29, 2018 Pleading / Motion / Brief
23 4:18-cv-03985	Order Granting Plaintiffs' Motion to Withdraw Plaintiffs' Emergency Motion for Temporary Restraining Order	Oct. 30, 2018	Oct. 30, 2018 Order/Opinion
29 4:18-cv-03985	Unopposed Motion for Extension of Time to File Responsive Pleading	Dec. 5, 2018	Dec. 5, 2018 Pleading / Motion / Brief
30 4:18-cv-03985	Order Granting Defendants' Unopposed Motion for Extension of Time to File Responsive Pleading	Dec. 6, 2018	Dec. 6, 2018 Order/Opinion
37 4:18-cv-03985	Plaintiffs' Unopposed Motion to Withdraw Plaintiff Joshua Muhammad	Jan. 25, 2019	Jan. 25, 2019 Pleading / Motion / Brief
38 4:18-cv-03985	Plaintiffs' Motion for Leave to File Their Response in Opposition to Defendants' Motion to Dismiss in Excess of Page Limit	Jan. 28, 2019	Jan. 28, 2019 Pleading / Motion / Brief

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Federal judge says Waller County voting process did not discriminate against Black college students Alexa	In a 128-page ruling and summary of the case, U.S. District Judge Charles R. Eskridge said there wasn’t evidence to “establish a concern” over the lack of any early voting location on campus or in th…	March 24, 2022	March 24, 2022 https://www.texastribune.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/8065937/damon-johnson-v-waller-county-texas/

Last updated June 29, 2026, 5:29 a.m.

ECF Number	Date	Description	Link
1	Oct. 22, 2018	COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-21131361) filed by Raul Sanchez, Jayla Allen, Joshua Muhammad, Damon Johnson, Treasure Smith. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Unredacted attachment Civil Cover Sheet - Attachment A, # 3 Unredacted attachment Civil Cover Sheet - Attachment B)(Harrison, Julie) (Entered: 10/22/2018) 1 Civil Cover Sheet Civil Cover Sheet View on PACER 2 Unredacted attachment Civil Cover Sheet - Attachment A View on PACER 3 Unredacted attachment Civil Cover Sheet - Attachment B View on PACER	RECAP
2	Oct. 22, 2018	MOTION for Leah C. Aden to Appear Pro Hac Vice by Jayla Allen, Damon Johnson, Joshua Muhammad, Raul Sanchez, Treasure Smith, filed. Motion Docket Date 11/13/2018. (Harrison, Julie) (Entered: 10/22/2018)	RECAP
3	Oct. 22, 2018	MOTION for Deuel Ross to Appear Pro Hac Vice by Jayla Allen, Damon Johnson, Joshua Muhammad, Raul Sanchez, Treasure Smith, filed. Motion Docket Date 11/13/2018. (Harrison, Julie) (Entered: 10/22/2018)	RECAP
4	Oct. 22, 2018	MOTION for Catherine Meza to Appear Pro Hac Vice by Jayla Allen, Damon Johnson, Joshua Muhammad, Raul Sanchez, Treasure Smith, filed. Motion Docket Date 11/13/2018. (Harrison, Julie) (Entered: 10/22/2018)	RECAP
5	Oct. 22, 2018	MOTION for Kristen Johnson to Appear Pro Hac Vice by Jayla Allen, Damon Johnson, Joshua Muhammad, Raul Sanchez, Treasure Smith, filed. Motion Docket Date 11/13/2018. (Harrison, Julie) (Entered: 10/22/2018)	RECAP
6	Oct. 22, 2018	Request for Issuance of Summons as to Waller County, Texas, filed.(Harrison, Julie) (Entered: 10/22/2018)	RECAP
7	Oct. 22, 2018	Request for Issuance of Summons as to Waller County Commissioners Court, filed.(Harrison, Julie) (Entered: 10/22/2018)	RECAP
8	Oct. 22, 2018	Request for Issuance of Summons as to Christy Eason, filed.(Harrison, Julie) (Entered: 10/22/2018)	RECAP
9	Oct. 22, 2018	Request for Issuance of Summons as to Carbett Duhon, filed.(Harrison, Julie) (Entered: 10/22/2018)	RECAP
10	Oct. 23, 2018	ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 3/11/2019 at 01:00 PM in Courtroom 9F before Judge Nancy F Atlas(Signed by Judge Nancy F Atlas) Parties notified.(MarcelleLaBee, 4) (Entered: 10/23/2018)	RECAP
11	Oct. 23, 2018	RECUSAL ORDER. Judge Nancy F Atlas recused. Deadlines in scheduling orders subsist. Court settings are vacated.(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4) (Entered: 10/23/2018)	RECAP
	Oct. 23, 2018	Summons Issued as to Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas. Issued summons delivered to plaintiff by First-class mail, filed.(rguerrero, 4)
12	Oct. 24, 2018	RECUSAL ORDER. Judge Gray H Miller recused. Deadlines in scheduling orders subsist. Court settings are vacated.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4) (Entered: 10/24/2018)	RECAP
13	Oct. 24, 2018	NOTICE of Appearance by C. Robert Heath and Gunnar P. Seaquist on behalf of Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas, filed. (Seaquist, Gunnar) (Entered: 10/24/2018)	RECAP
14	Oct. 24, 2018	MOTION for Elton R. Mathis to Appear Pro Hac Vice by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas, filed. Motion Docket Date 11/14/2018. (Seaquist, Gunnar) (Entered: 10/24/2018)	RECAP
15	Oct. 24, 2018	MOTION for Elizabeth Dorsey to Appear Pro Hac Vice by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas, filed. Motion Docket Date 11/14/2018. (Seaquist, Gunnar) (Entered: 10/24/2018)	RECAP
16	Oct. 24, 2018	MOTION for Temporary Restraining Order by Jayla Allen, Damon Johnson, Joshua Muhammad, Raul Sanchez, Treasure Smith, filed. Motion Docket Date 11/14/2018. (Attachments: # 1 Proposed Order)(Harrison, Julie) (Entered: 10/24/2018) 1 Proposed Order View on RECAP	RECAP
17	Oct. 24, 2018	MEMORANDUM in Support re: 16 MOTION for Temporary Restraining Order by Jayla Allen, Damon Johnson, Joshua Muhammad, Raul Sanchez, Treasure Smith, filed. (Attachments: # 1 Affidavit Declaration of Leah C. Aden, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P)(Harrison, Julie) (Entered: 10/24/2018) 1 Affidavit Declaration of Leah C. Aden View on PACER 2 Exhibit A View on PACER 3 Exhibit B View on PACER 4 Exhibit C View on PACER 5 Exhibit D View on PACER 6 Exhibit E View on PACER 7 Exhibit F View on PACER 8 Exhibit G View on PACER 9 Exhibit H View on PACER 10 Exhibit I View on PACER 11 Exhibit J View on PACER 12 Exhibit K View on PACER 13 Exhibit L View on PACER 14 Exhibit M View on PACER 15 Exhibit N View on PACER 16 Exhibit O View on PACER 17 Exhibit P View on PACER	RECAP
18	Oct. 26, 2018	ORDER granting 4 Motion for Catherine Meza to Appear Pro Hac Vice.(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4) (Entered: 10/29/2018)	RECAP
19	Oct. 26, 2018	ORDER granting 14 Motion for Elton R. Mathis to Appear Pro Hac Vice.(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4) (Entered: 10/29/2018)	RECAP
20	Oct. 26, 2018	ORDER granting 15 Motion for Elizabeth Dorsey to Appear Pro Hac Vice.(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4) (Entered: 10/29/2018)	RECAP
21	Oct. 26, 2018	ORDER granting 2 Motion for Leah C. Aden to Appear Pro Hac Vice.(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4) (Entered: 10/29/2018)	RECAP
22	Oct. 29, 2018	MOTION to Withdraw 16 MOTION for Temporary Restraining Order by Jayla Allen, Damon Johnson, Joshua Muhammad, Raul Sanchez, Treasure Smith, filed. Motion Docket Date 11/19/2018. (Attachments: # 1 Proposed Order)(Harrison, Julie) (Entered: 10/29/2018) 1 Proposed Order View on RECAP	RECAP
23	Oct. 30, 2018	ORDER granting 22 Motion to Withdraw; withdrawing 16 MOTION for Temporary Restraining Order.(Signed by Judge Andrew S Hanen) Parties notified.(rhawkins) (Entered: 10/31/2018)	RECAP
24	Oct. 30, 2018	ORDER granting 5 Motion for Kristen A. Johnson to Appear Pro Hac Vice.(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4) (Entered: 11/01/2018)	RECAP
25	Dec. 5, 2018	RETURN of Service of SUMMONS Executed as to Waller County, Texas served on 11/27/2018, answer due 12/18/2018, filed.(Harrison, Julie) (Entered: 12/05/2018)	RECAP
26	Dec. 5, 2018	RETURN of Service of SUMMONS Executed as to Waller County Commissioners Court served on 11/27/2018, answer due 12/18/2018, filed.(Harrison, Julie) (Entered: 12/05/2018)	RECAP
27	Dec. 5, 2018	RETURN of Service of SUMMONS Executed as to Christy Eason served on 11/26/2018, answer due 12/17/2018, filed.(Harrison, Julie) (Entered: 12/05/2018)	RECAP
28	Dec. 5, 2018	RETURN of Service of SUMMONS Executed as to Carbett Duhon served on 11/28/2018, answer due 12/19/2018, filed.(Harrison, Julie) (Entered: 12/05/2018)	RECAP
29	Dec. 5, 2018	Unopposed MOTION for Extension of Time File Responsive Pleading by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas, filed. Motion Docket Date 12/26/2018. (Attachments: # 1 Proposed Order)(Seaquist, Gunnar) (Entered: 12/05/2018) 1 Proposed Order View on RECAP	RECAP
30	Dec. 6, 2018	ORDER granting 29 Motion for Extension of Time. Defendants shall file an answer or otherwise respond to Plaintiffs'Original Complaint on or before January, 7, 2019.(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4) (Entered: 12/06/2018)	RECAP
31	Dec. 6, 2018	ORDER granting 3 Motion for Deuel Ross to Appear Pro Hac Vice.(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4) (Entered: 12/06/2018)	RECAP
32	Dec. 14, 2018	Mail Returned Undeliverable as to attorney Elton R Mathis as to Waller County Commissioners Court re: 30 Order on Motion for Extension of Time, filed. (SandraSilva, 7) (Entered: 12/18/2018)	RECAP
33	Dec. 14, 2018	Mail Returned Undeliverable as to attorney Elton R Mathis as to Waller County Commissioners Court re: 31 Order on Motion to Appear Pro Hac Vice, filed. (bmendoza, 5) (Entered: 12/18/2018)	RECAP
34	Jan. 7, 2019	MOTION to Dismiss 1 Complaint, by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas, filed. Motion Docket Date 1/28/2019. (Attachments: # 1 Proposed Order)(Seaquist, Gunnar) (Entered: 01/07/2019) 1 Proposed Order View on PACER	RECAP
35	Jan. 15, 2019	MOTION for John S. Cusick to Appear Pro Hac Vice by Jayla Allen, Damon Johnson, Joshua Muhammad, Raul Sanchez, Treasure Smith, filed. Motion Docket Date 2/5/2019. (Aden, Leah) (Entered: 01/15/2019)	RECAP
36	Jan. 17, 2019	ORDER granting 35 Motion for John S. Cusick to Appear Pro Hac Vice.(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4) (Entered: 01/17/2019)	RECAP
37	Jan. 25, 2019	MOTION to Withdraw Plaintiff Joshua Muhammad by Jayla Allen, Damon Johnson, Joshua Muhammad, Raul Sanchez, Treasure Smith, filed. Motion Docket Date 2/15/2019. (Attachments: # 1 Proposed Order)(Harrison, Julie) (Entered: 01/25/2019) 1 Proposed Order View on RECAP	RECAP
38	Jan. 28, 2019	MOTION for Leave to File Response in Opposition to Defendants' Motion to Dismiss in Excess of Page Limit by Jayla Allen, Damon Johnson, Joshua Muhammad, Raul Sanchez, Treasure Smith, filed. Motion Docket Date 2/19/2019. (Attachments: # 1 Proposed Order)(Aden, Leah) (Entered: 01/28/2019) 1 Proposed Order View on RECAP	RECAP
39	Jan. 28, 2019	RESPONSE in Opposition to 34 MOTION to Dismiss 1 Complaint,, filed by Jayla Allen, Damon Johnson, Joshua Muhammad, Raul Sanchez, Treasure Smith. (Aden, Leah) (Entered: 01/28/2019)	RECAP
40	Jan. 28, 2019	APPENDIX re: 39 Response in Opposition to Motion by Jayla Allen, Damon Johnson, Joshua Muhammad, Raul Sanchez, Treasure Smith, filed.(Aden, Leah) (Entered: 01/28/2019)	RECAP
41	Jan. 29, 2019	Corrected APPENDIX re: 40 Appendix by Jayla Allen, Damon Johnson, Joshua Muhammad, Raul Sanchez, Treasure Smith, filed.(Aden, Leah) (Entered: 01/29/2019)	RECAP
42	Feb. 7, 2019	REPLY in Support of 34 MOTION to Dismiss 1 Complaint,, filed by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas. (Seaquist, Gunnar) (Entered: 02/07/2019)	RECAP
43	Feb. 8, 2019	ORDER granting 37 Plaintiff's Unopposed Motion to Withdraw Plaintiff Joshua Muhammad as a party in this action..(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4) (Entered: 02/11/2019)	RECAP
44	Feb. 22, 2019	NOTICE of Setting. Parties notified. Initial Conference set for 3/7/2019 at 10:00 AM in Courtroom 704 before Magistrate Judge Frances H Stacy, filed. (bwhite, 4) (Entered: 02/22/2019)	RECAP
45	March 5, 2019	JOINT DISCOVERY/CASE MANAGEMENT PLAN by Jayla Allen, Damon Johnson, Raul Sanchez, Treasure Smith, filed.(Harrison, Julie) (Entered: 03/05/2019)	RECAP
46	March 5, 2019	Unopposed MOTION for Approval of Participate by Telephone for the Initial Pretrial and Scheduling Conference by Jayla Allen, Damon Johnson, Raul Sanchez, Treasure Smith, filed. Motion Docket Date 3/26/2019. (Attachments: # 1 Proposed Order)(Harrison, Julie) (Entered: 03/05/2019) 1 Proposed Order View on RECAP	RECAP
47	March 6, 2019	NOTICE of Referral of Motion to Magistrate Judge Frances H. Stacy re 46 Unopposed MOTION for Approval of Participate by Telephone for the Initial Pretrial and Scheduling Conference, filed. (rhawkins) (Entered: 03/06/2019)	RECAP
48	March 7, 2019	ORDER granting 38 Motion for Leave to File.(Signed by Magistrate Judge Frances H Stacy) Parties notified.(bwhite, 4) (Entered: 03/07/2019)	RECAP
	March 7, 2019	Set/Reset Scheduling Order and Trial Settings
	March 7, 2019	Scheduling Conference
	March 7, 2019	Minute Entry for proceedings held before Magistrate Judge Frances H Stacy. SCHEDULING CONFERENCE held on 3/7/2019; deposition issue discussed an agreed to on the record; entry #38 granted; docket control order to follow. Appearances:Nicole Lynn. Leah Aden - by phone, Gunnar Peterson Seaquist.(Court Reporter: ERO)(Digital # 10:36 - 10:54)(ERO:O Lindor), filed.(bwhite, 4) Modified on 3/7/2019 (bwhite, 4).
	March 7, 2019	***Set/Reset Scheduling Order and Trial Settings: Amended Pleadings due by 4/26/2019. Joinder of Parties due by 4/26/2019 Pltf Expert Witness List due by 5/31/2019. Pltf Expert Report due by 7/1/2019. Deft Expert Witness List due by 8/1/2019. Deft Expert Report due by 9/3/2019. Discovery due by 10/31/2019. Dispositive Motion Filing due by 11/15/2019; Daubert Expert 10/15/2019. Joint Pretrial Order due by 1/17/2020. Docket Call set for 2/18/2020 at 01:30 PM before Judge Andrew S Hanen. Trial set for 2/24/2020 at 09:00 AM before Judge Andrew S Hanen (bwhite, 4)
49	April 26, 2019	AMENDED COMPLAINT against All Defendants filed by Damon Johnson, Jayla Allen, Raul Sanchez, Treasure Smith, The Panther Party. (Attachments: # 1 Exhibit 1: Redlined Complaint)(Harrison, Julie) (Entered: 04/26/2019) 1 Exhibit 1: Redlined Complaint View on PACER	RECAP
50	May 9, 2019	Unopposed MOTION for Leave to File Excess Pages by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas, filed. Motion Docket Date 5/30/2019. (Attachments: # 1 Proposed Order)(Seaquist, Gunnar) (Entered: 05/09/2019)	RECAP
51	May 10, 2019	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas, filed. Motion Docket Date 5/31/2019. (Seaquist, Gunnar) (Entered: 05/10/2019)	RECAP
52	May 31, 2019	Unopposed MOTION for Leave to File Excess Pages by Jayla Allen, Damon Johnson, Raul Sanchez, Treasure Smith, The Panther Party, filed. Motion Docket Date 6/21/2019. (Attachments: # 1 Proposed Order)(Lynn, Nicole) (Entered: 05/31/2019)	RECAP
53	May 31, 2019	MEMORANDUM of Law in Opposition re: 51 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Jayla Allen, Damon Johnson, Raul Sanchez, Treasure Smith, The Panther Party, filed. (Attachments: # 1 Appendix, # 2 Proposed Order)(Lynn, Nicole) (Entered: 05/31/2019) 1 Appendix View on PACER 2 Proposed Order View on PACER	RECAP
54	June 4, 2019	ORDER granting 52 Motion for Leave to File Excess Pages.(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4) (Entered: 06/04/2019)	RECAP
55	June 7, 2019	REPLY in Support of 51 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas. (Seaquist, Gunnar) (Entered: 06/07/2019)	RECAP
56	June 10, 2019	Agreed MOTION for Protective Order by Jayla Allen, Damon Johnson, Raul Sanchez, Treasure Smith, The Panther Party, filed. Motion Docket Date 7/1/2019. (Harrison, Julie) (Entered: 06/10/2019)	RECAP
57	June 12, 2019	AGREED PROTECTIVE ORDER granting 56 Agreed MOTION for Protective Order (Signed by Judge Andrew S Hanen) Parties notified.(rhawkins) (Entered: 06/13/2019)	RECAP
58	July 2, 2019	NOTICE of Service of Expert Discovery by Jayla Allen, Damon Johnson, Raul Sanchez, Treasure Smith, The Panther Party, filed. (Aden, Leah) (Entered: 07/02/2019)	RECAP
59	July 29, 2019	Unopposed MOTION to Withdraw Plaintiff Raul Sanchez by Jayla Allen, Damon Johnson, Raul Sanchez, Treasure Smith, The Panther Party, filed. Motion Docket Date 8/19/2019. (Attachments: # 1 Proposed Order)(Aden, Leah) (Entered: 07/29/2019)	RECAP
60	July 31, 2019	ORDER granting 59 Motion to withdraw Plaintiff Raul Sanchez..(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4) (Entered: 07/31/2019)	RECAP
61	Aug. 27, 2019	ADVISORY by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas, filed.(Seaquist, Gunnar) (Entered: 08/27/2019)	RECAP
62	Aug. 27, 2019	ORDER denying as moot 34 Motion to Dismiss.(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4) (Entered: 08/27/2019)	RECAP
63	Aug. 28, 2019	NOTICE Of Supplemental Authority in Support of Plaintiffs' re: 53 Memorandum, by Jayla Allen, Damon Johnson, Treasure Smith, The Panther Party, filed. (Attachments: # 1 Exhibit A)(Aden, Leah) (Entered: 08/28/2019) 1 Exhibit A View on PACER	RECAP
64	Sept. 10, 2019	NOTICE of Service of Expert Report by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas, filed. (Seaquist, Gunnar) (Entered: 09/10/2019)	RECAP
65	Oct. 17, 2019	Agreed MOTION for Continuance of Scheduling Order Deadlines and Trial Setting by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas, filed. Motion Docket Date 11/7/2019. (Attachments: # 1 Proposed Order)(Seaquist, Gunnar) (Entered: 10/17/2019)	RECAP
66	Oct. 23, 2019	NOTICE of Reassignment to Judge Charles Eskridge, pursuant to Special Order No. 2019-4. Deadlines in scheduling orders remain in effect, and all court settings are vacated. Judge Andrew S Hanen no longer assigned to the case. Parties notified, filed. (NicoleDiaz, 4) (Entered: 10/23/2019)	RECAP
67	Oct. 25, 2019	ADVISORY by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas, filed. (Attachments: # 1 Exhibit 1)(Seaquist, Gunnar) (Entered: 10/25/2019) 1 Exhibit 1 View on RECAP	RECAP
68	Oct. 28, 2019	RESPONSE to 67 Advisory, filed by Jayla Allen, Damon Johnson, Treasure Smith, The Panther Party. (Harrison, Julie) (Entered: 10/28/2019)	RECAP
69	Nov. 5, 2019	ORDER granting 65 Motion for Continuance Discovery due by 12/16/2019. Daubert/Expert Motion Filing due by 1/13/2020. Dispositive Motion Filing due by 1/13/2020. Joint Pretrial Order due by 4/28/2020. Docket Call set for 6/5/2020 at 09:30 AM in Courtroom 8B before Judge Charles Eskridge.(Signed by Judge Charles Eskridge) Parties notified.(hcarr, 4) (Entered: 11/05/2019)	RECAP
70	Jan. 13, 2020	Unopposed MOTION for Leave to File Excess Pages by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas, filed. Motion Docket Date 2/3/2020. (Attachments: # 1 Proposed Order)(Seaquist, Gunnar) (Entered: 01/13/2020)	RECAP
71	Jan. 13, 2020	*STRICKEN BY 72 ORDER* MOTION for Summary Judgment by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas, filed. Motion Docket Date 2/3/2020. (Attachments: # 1 Exhibit 1-5, # 2 Exhibit 6-10)(Seaquist, Gunnar) Modified on 1/17/2020 (jengonzalez, 4). (Entered: 01/13/2020) 1 Exhibit 1-5 View on PACER 2 Exhibit 6-10 View on PACER	RECAP
72	Jan. 17, 2020	ORDER denying 70 Unopposed MOTION for Leave to File Excess Pages. Striking 71 MOTION for Summary Judgment . (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 01/17/2020)	RECAP
73	Jan. 24, 2020	MOTION for Summary Judgment by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas, filed. Motion Docket Date 2/14/2020. (Attachments: # 1 Appendix, # 2 Exhibit 1-11)(Seaquist, Gunnar) (Entered: 01/24/2020) 1 Appendix View on PACER 2 Exhibit 1-11 View on PACER	RECAP
74	Feb. 6, 2020	MOTION for Leave to File Excess Pages by Jayla Allen, Damon Johnson, Treasure Smith, The Panther Party, filed. Motion Docket Date 2/27/2020. (Attachments: # 1 Proposed Order)(Harrison, Julie) (Entered: 02/06/2020)	RECAP
75	Feb. 11, 2020	ORDER granting 74 MOTION for Leave to File Excess Pages (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 02/11/2020)	RECAP
76	Feb. 14, 2020	Unopposed MOTION for the withdrawal of Plaintiff Jayla Allen as a party in th is action by Jayla Allen, Damon Johnson, Treasure Smith, The Panther Party, filed. Motion Docket Date 3/6/2020. (Attachments: # 1 Proposed Order)(Harrison, Julie) (Entered: 02/14/2020)	RECAP
77	Feb. 14, 2020	RESPONSE in Opposition to 73 MOTION for Summary Judgment, filed by Damon Johnson, Treasure Smith, The Panther Party. (Attachments: # 1 Exhibit Exhibits 01-09, # 2 Proposed Order)(Harrison, Julie) (Entered: 02/14/2020) 1 Exhibit Exhibits 01-09 View on RECAP 2 Proposed Order View on RECAP	RECAP
78	Feb. 17, 2020	Unopposed MOTION for Extension of Time to File Reply Brief in Support of Motion for Summary Judgment by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas, filed. Motion Docket Date 3/9/2020. (Attachments: # 1 Proposed Order)(Seaquist, Gunnar) (Entered: 02/17/2020)	RECAP
79	Feb. 19, 2020	ORDER granting 76 Unopposed MOTION for the withdrawal of Plaintiff Jayla Allen as a party in th is action. Jayla Allen terminated.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 02/19/2020)	RECAP
80	Feb. 19, 2020	ORDER granting 78 Unopposed MOTION for Extension of Time to File Reply Brief in Support of Motion for Summary Judgment. Reply brief due on or before 02/26/2020. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 02/19/2020)	RECAP
81	Feb. 26, 2020	REPLY in Support of 73 MOTION for Summary Judgment, filed by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas. (Seaquist, Gunnar) (Entered: 02/26/2020)	RECAP
82	Feb. 26, 2020	Corrected REPLY in Support of 73 MOTION for Summary Judgment, filed by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas. (Seaquist, Gunnar) (Entered: 02/26/2020)	RECAP
83	Feb. 26, 2020	ORDER TO SHOW CAUSE re: The Court is inclined to set the motion for summary judgment for oral argument. The Court requests to know whether the motion for summary judgment supersedes and moots consideration of the motion to dismiss. The Court orders Defendants to submit by 03/06/2020 their position as to whether the motion to dismiss is moot. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 02/27/2020)	RECAP
84	March 5, 2020	RESPONSE TO 83 ORDER TO SHOW CAUSE, filed by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas. (Seaquist, Gunnar) (Entered: 03/05/2020)	RECAP
85	March 13, 2020	ORDER denying 51 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( Motion Hearing on the motion for summary judgment set for 4/1/2020 at 01:30 PM before Judge Charles Eskridge)(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 03/13/2020)	RECAP
86	March 27, 2020	ORDER re: The Court cancels the motion hearing on the motion for summary judgment set for 4/1/2020 at 01:30 PM. The Court orders the parties to confer in good faith to suggest agreeable times to hold a hearing on the motion for summary judgment. The parties must propose three specific dates and times. The parties must also state their position on whether telephonic hearing is sufficient.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 03/27/2020)	RECAP
87	March 30, 2020	Mail Returned Undeliverable as to attorney Elton R Mathis as to Carbett Duhon re: 85 Order,, filed. (hlerma, 4) (Entered: 03/31/2020)	RECAP
88	April 2, 2020	Joint MOTION for Continuance by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas, filed. Motion Docket Date 4/23/2020. (Attachments: # 1 Proposed Order)(Seaquist, Gunnar) (Entered: 04/02/2020)	RECAP
89	April 8, 2020	ORDER granting 88 Joint MOTION for Continuance ( Motion Hearing set for 6/5/2020 at 09:30 AM before Judge Charles Eskridge).(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 04/13/2020)	RECAP
90	May 18, 2020	Mail Returned Undeliverable as to attorney Deuel Ross as to Jayla Allen, Damon Johnson, Treasure Smith, The Panther Party re: 89 Order, filed. (bmendoza, 5) (Entered: 05/20/2020)	RECAP
91	May 26, 2020	Unopposed MOTION for Leave to File Defendant's Original Answer to Plaintiff's First Amended Complaint by Waller County, Texas, filed. Motion Docket Date 6/16/2020. (Attachments: # 1 Exhibit Defendant's Original Answer to Plaintiff's First Amended Complaint)(Seaquist, Gunnar) (Entered: 05/26/2020)	RECAP
92	May 27, 2020	MOTION for Steven C. Lance to Appear Pro Hac Vice by Jayla Allen, Damon Johnson, Joshua Muhammad, Raul Sanchez, Treasure Smith, The Panther Party, filed. Motion Docket Date 6/17/2020. (Aden, Leah) (Entered: 05/27/2020)	RECAP
93	May 29, 2020	ORDER granting 91 Unopposed MOTION for Leave to File Defendant's Original Answer to Plaintiff's First Amended Complaint. The Defendants' Answer to Plaintiffs' first amended complaint will be filed on the docket of this case. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 05/29/2020)	RECAP
94	May 29, 2020	ANSWER to 49 Amended Complaint/Counterclaim/Crossclaim etc. by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas, filed.(jengonzalez, 4) (Entered: 05/29/2020)	RECAP
95	May 29, 2020	ORDER granting 92 MOTION for Steven C. Lance to Appear Pro Hac Vice. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 05/29/2020)	RECAP

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Case Details

State / Territory:

Texas

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Oct. 12, 2018

Closing Date: April 14, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A 19-year-old Black registered voter and second-year student at an HBCU. Another 19-year-old Black registered voter and second-year student at an HBCU. 19-year-old Latino registered voter and second-year student at an HBCU. A 20-year-old Black registered voter and second-year student at an HBCU. A student and alumni organization dedicated to addressing and improving the social, political, economic, and historical landscape at the HBCU on behalf of Black and Latinx people.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

NAACP Legal Defense Fund

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Waller County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Civil Rights Act of 1957/1960, 52 U.S.C. § 10101 (previously 42 U.S.C. § 1971)

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

Constitutional Clause(s):

Due Process

Fifteenth Amendment

Other Dockets:

Southern District of Texas 4:18-cv-03985

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Issues

Discrimination Basis:

Age discrimination

Race discrimination

Affected Race(s):

Black

Voting:

Election administration

Voter registration rules

Voting: General & Misc.

Recommended Citation

Case Summary of Allen v. Waller County, Texas, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/44789/ (last updated 6/14/2024).