Case: Stewart v. Marion County Election Board

1:18-cv-01487 | U.S. District Court for the Southern District of Indiana

Filed Date: May 1, 2018

Closed Date: April 9, 2019

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Case Summary

This is a case about voter ID laws in Indiana.  On May 1, 2018, an individual residing in Marion County, Indiana sued the Marion County Election Board and Marion County Election Board Members alleging violation of rights under the Indiana Voter ID statute, the Indiana Constitution, the Help America Vote Act, and the United States Constitution. Plaintiff sought damages and a declaratory judgment. Plaintiff, representing himself pro se, alleged that his rights were violated when he attempted to v…

This is a case about voter ID laws in Indiana. 

On May 1, 2018, an individual residing in Marion County, Indiana sued the Marion County Election Board and Marion County Election Board Members alleging violation of rights under the Indiana Voter ID statute, the Indiana Constitution, the Help America Vote Act, and the United States Constitution. Plaintiff sought damages and a declaratory judgment. Plaintiff, representing himself pro se, alleged that his rights were violated when he attempted to vote in a 2016 primary election but was denied the ability to vote via a provisional ballot when he refused to show his ID to the precinct inspector. Judge Richard L. Young presided over the matter in the United States District Court for the Southern District of Indiana.

On October 12, 2018, plaintiff, with permission of the Court, filed an amended complaint, which added additional factual allegations and requests for relief. Plaintiff also attempted to add a claim challenging an Indiana state law requiring political signs to feature a disclaimer. The Court denied plaintiff the ability to add the claim, noting that such claim does not have enough factual and legal commonalities with the claims made under the original complaint.

On April 8, 2019, the parties filed a Joint Stipulation before the Court to dismiss the matter. Ultimately, the Court granted the Joint Stipulation on April 9, 2019, requiring each party to pay its own attorney's fees and associated costs.

 

 

Summary Authors

Allison Swecker (5/15/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6697767/parties/stewart-v-marion-county-election-board/


Judge(s)

Young, Richard L. (Indiana)

show all people

Documents in the Clearinghouse

Document
1

1:18-cv-01487

Notice of Removal

Stewart v. Marion County Election

May 15, 2018

May 15, 2018

Complaint
6

1:18-cv-01487

Defendant's Answer to Plaintiff's Complaint

Stewart v. Marion County Election

June 4, 2018

June 4, 2018

Pleading / Motion / Brief
8

1:18-cv-01487

Entry and Show Cause Order

Stewart v. Marion County Election

July 20, 2018

July 20, 2018

Order/Opinion
10

1:18-cv-01487

Entry Discharging Order to Show Cause

Stewart v. Marion County Election

Aug. 2, 2018

Aug. 2, 2018

Order/Opinion
16

1:18-cv-01487

Memorandum in Support of Motion for Leave to File Second Amended Complaint

Stewart v. Marion County Election

Sept. 17, 2018

Sept. 17, 2018

Pleading / Motion / Brief
15

1:18-cv-01487

Motion for Leave to File Second Amended Complaint

Stewart v. Marion County Election

Sept. 17, 2018

Sept. 17, 2018

Pleading / Motion / Brief
17

1:18-cv-01487

Defendant's Response in Opposition to Plaintiff's Motion for Leave to Amend Complaint

Stewart v. Marion County Election

Oct. 1, 2018

Oct. 1, 2018

Pleading / Motion / Brief
19

1:18-cv-01487

Order Granting in Part and Denying in Part Plaintiff's Motion to File Amended Complaint

Stewart v. Marion County Election

Oct. 11, 2018

Oct. 11, 2018

Order/Opinion
18

1:18-cv-01487

Plaintiff's response to opposition to motion for leave

Stewart v. Marion County Election

Oct. 12, 2018

Oct. 12, 2018

Pleading / Motion / Brief
20

1:18-cv-01487

Second Amended Complaint

Stewart v. Marion County Election

Oct. 12, 2018

Oct. 12, 2018

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6697767/stewart-v-marion-county-election-board/

Last updated May 14, 2024, 5:47 p.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL from Marion County Superior Court Thirteen, case number 49D13-1805-CT-017023, filed by STEVEN ROSE, MYLA ELDRIDGE, MARION COUNTY ELECTION BOARD. (Filing fee $400, receipt number 0756-4885410) (Attachments: # 1 State Court Record, # 2 Civil Cover Sheet)(Helms, Grant) (Entered: 05/15/2018)

May 15, 2018

May 15, 2018

Clearinghouse
2

NOTICE of Appearance by Grant E. Helms on behalf of Defendants MYLA ELDRIDGE, MARION COUNTY ELECTION BOARD, STEVEN ROSE. (Helms, Grant) (Entered: 05/15/2018)

May 15, 2018

May 15, 2018

PACER
3

NOTICE Supplement to Removal, filed by Defendants MYLA ELDRIDGE, MARION COUNTY ELECTION BOARD, STEVEN ROSE (Attachments: # 1 Exhibit) (Helms, Grant) (Entered: 05/15/2018)

May 15, 2018

May 15, 2018

PACER
4

NOTICE of Removal, filed by Defendants MYLA ELDRIDGE, MARION COUNTY ELECTION BOARD, STEVEN ROSE (Helms, Grant) (Entered: 05/15/2018)

May 15, 2018

May 15, 2018

PACER
5

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JRB) (Entered: 05/15/2018)

May 15, 2018

May 15, 2018

PACER
6

ANSWER to Complaint (Notice of Removal) with Jury Demand , filed by MYLA ELDRIDGE, MARION COUNTY ELECTION BOARD, STEVEN ROSE.(Helms, Grant) (Entered: 06/14/2018)

June 14, 2018

June 14, 2018

Clearinghouse
7

SCHEDULING ORDER: Initial Pretrial Conference set for 7/16/2018 01:30 PM (Eastern Time) in room #270, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Debra McVicker Lynch. Please bring a copy of this order with you to the conference. Failure to attend this pretrial conference may subject your case to dismissal (if a plaintiff) or default (if a defendant). See Order for additional information. Copy to Plaintiff via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 6/18/2018.(SWM) (Entered: 06/19/2018)

June 18, 2018

June 18, 2018

PACER
8

ENTRY and Show Cause Order - The defendant, by counsel, appeared for an initial pretrial conference on July 16, 2018, with the magistrate judge. The plaintiff failed to appear. The plaintiff is ordered to show cause, in a filing by July 27, 2018, why sanctions, including dismissal, should not be ordered for the plaintiff's failure to comply with the court's order to attend. Should the plaintiff fail to show cause for his failure to participate in the initial pretrial conference, the magistrate judge will recommend the dismissal of this case for failure to prosecute and failure to comply with court orders. The following deadlines set out in the June 18, 2018 scheduling order (Dkt. 7) are entered as an order of the court and will govern this case: (SEE ORDER) Copy to plaintiff via U.S. Mail. Signed by Magistrate Judge Debra McVicker Lynch. (JLS) Modified on 7/20/2018 (JLS). (Entered: 07/20/2018)

July 20, 2018

July 20, 2018

Clearinghouse
9

MOTION for Extension of Time, filed by Plaintiff ROBBIN STEWART. (APD) (Entered: 07/30/2018)

July 27, 2018

July 27, 2018

PACER
10

ENTRY Discharging Order to Show Cause: The court will treat the plaintiff's Motion for Extension of Time in Which to Respond (Dkt. 9 ) as a response to the court's order to show cause. The court hereby ORDERS that the order to show cause, issued to plaintiff on July 20, 2018 (Dkt. 8 ),is DISCHARGED. The plaintiff's Motion for Extension of Time (Dkt. 9 ) is hereby DENIED AS MOOT. Copy to Plaintiff via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 8/2/2018. (SWM) (Entered: 08/02/2018)

Aug. 2, 2018

Aug. 2, 2018

Clearinghouse
11

SCHEDULING ORDER: Status Conference set for 9/11/2018 at 11:30 AM (Eastern Time) in Telephonic before Magistrate Judge Debra McVicker Lynch. The parties shall attend the conference by calling 1-877-402-9753, Access Code 4693226. Signed by Magistrate Judge Debra McVicker Lynch on 8/2/2018.(MAC) (Copy to Plaintiff via U.S. Mail). Modified on 8/3/2018 (MAC). (Entered: 08/03/2018)

Aug. 2, 2018

Aug. 2, 2018

PACER
12

*** STRICKEN PER ORDER DATED 9/4/2018 *** Submission of Amended Complaint, filed by Plaintiff ROBBIN STEWART. (APD) Modified on 9/5/2018 (SWM). (Entered: 08/30/2018)

Aug. 29, 2018

Aug. 29, 2018

PACER
13

ORDER: Three months after filing his complaint and initiating this lawsuit, plaintiff Robbin Stewart (who is proceeding pro se) filed an amended complaint without seeking the court's leave to do so under Fed. R. Civ. P. 15(a). The amended complaint at Dkt. 12 is STRICKEN. If Mr. Stewart wishes to file an amended complaint, he must do so in a way that complies with the Federal Rules of Civil Procedure. Copy to Plaintiff via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 9/4/2018.(SWM) (Entered: 09/05/2018)

Sept. 4, 2018

Sept. 4, 2018

PACER
14

Entry and Order from Status Conference - The plaintiff, in person, and the defendants by counsel, appeared for a status conference on September 11, 2018, with the magistrate judge. The plaintiff intends to seek leave to amend his complaint; he shall file his motion and proposed amended complaint by September 19, 2018. Signed by Magistrate Judge Debra McVicker Lynch. Copy to Plaintiff via U.S. Mail. (JLS) (Entered: 09/12/2018)

Sept. 12, 2018

Sept. 12, 2018

PACER
15

MOTION for Leave to File Second Amended Complaint, filed by Plaintiff ROBBIN STEWART. (Attachments: # 1 Exhibit Proposed Second Amended Complaint)(APD) (Entered: 09/17/2018)

Sept. 17, 2018

Sept. 17, 2018

Clearinghouse
16

BRIEF/MEMORANDUM in Support re 15 MOTION for Leave to File, filed by Plaintiff ROBBIN STEWART. (APD) (Entered: 09/17/2018)

Sept. 17, 2018

Sept. 17, 2018

Clearinghouse
17

RESPONSE in Opposition re 15 MOTION for Leave to File Amended Complaint, filed by Defendants MYLA ELDRIDGE, MARION COUNTY ELECTION BOARD, STEVEN ROSE. (Helms, Grant) (Entered: 10/01/2018)

Oct. 1, 2018

Oct. 1, 2018

Clearinghouse
18

REPLY in Support of Motion re 15 MOTION for Leave to File, filed by Plaintiff ROBBIN STEWART. (APD) (Entered: 10/12/2018)

Oct. 11, 2018

Oct. 11, 2018

Clearinghouse
19

MARGINAL ENTRY granting in part and denying in part Plaintiff's 15 Motion for Leave to File Second Amended Complaint. See Entry. Copy to Plaintiff via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 10/11/2018. (SWM) (Entered: 10/15/2018)

Oct. 11, 2018

Oct. 11, 2018

Clearinghouse
20

SECOND AMENDED COMPLAINT against MYLA ELDRIDGE, MARION COUNTY ELECTION BOARD, STEVEN ROSE, LORETA JONES and JANE DOE #4, filed by ROBBIN STEWART.(SWM) (Entered: 10/15/2018)

Oct. 12, 2018

Oct. 12, 2018

Clearinghouse
21

NOTICE of Appearance by Traci Marie Cosby on behalf of Defendants MYLA ELDRIDGE, MARION COUNTY ELECTION BOARD, STEVEN ROSE. (Cosby, Traci) (Entered: 10/23/2018)

Oct. 23, 2018

Oct. 23, 2018

PACER
22

MOTION to Withdraw Attorney Appearance , filed by Defendants MARION COUNTY ELECTION BOARD, STEVEN ROSE. (Attachments: # 1 Text of Proposed Order)(Cosby, Traci) (Entered: 10/24/2018)

Oct. 24, 2018

Oct. 24, 2018

PACER
23

Submission of Proposed Order , re 22 MOTION to Withdraw Attorney Appearance , filed by Defendants MYLA ELDRIDGE, MARION COUNTY ELECTION BOARD, STEVEN ROSE. (Cosby, Traci) (Entered: 10/24/2018)

Oct. 24, 2018

Oct. 24, 2018

PACER
24

ORDER granting 22 Motion to Withdraw Attorney Appearance. Attorney Grant E. Helms withdrawn. Signed by Magistrate Judge Debra McVicker Lynch on 10/26/2018. (SWM) (Entered: 10/26/2018)

Oct. 26, 2018

Oct. 26, 2018

PACER
25

Amended ANSWER to 20 Amended Complaint , filed by MYLA ELDRIDGE, MARION COUNTY ELECTION BOARD, STEVEN ROSE.(Cosby, Traci) (Entered: 10/26/2018)

Oct. 26, 2018

Oct. 26, 2018

Clearinghouse
26

NOTICE of Appearance by Daniel Bowman on behalf of Defendants MYLA ELDRIDGE, MARION COUNTY ELECTION BOARD, STEVEN ROSE. (Bowman, Daniel) (Entered: 11/08/2018)

Nov. 8, 2018

Nov. 8, 2018

PACER
27

MOTION for Extension of Time to Complete Discovery and File Dispositive Motions, filed by Defendants MYLA ELDRIDGE, MARION COUNTY ELECTION BOARD, STEVEN ROSE. (Attachments: # 1 Text of Proposed Order)(Bowman, Daniel) (Entered: 12/29/2018)

Dec. 29, 2018

Dec. 29, 2018

PACER
28

ORDER on Motion for Extension of Time: On December 29, 2018, defendants filed a motion for 60-day extensions of the deadlines to complete non-expert witness discovery and discovery related to liability issues, including depositions, and a 90-day extension of the deadline to file dispositive motions (Dkt. 27). The motion was filed 21 days after the deadline to serve discovery request and therefore does not comply with Local Rule 6-1 (a) (5). Nevertheless, the court determines that the interest of justice counsels in favor of extending the discovery and dispositive motion deadlines. The defendants' motion (Dkt. 27 ) is GRANTED. See Order for established deadlines. Copy to Plaintiff via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 1/2/2019.(SWM) (Entered: 01/02/2019)

Jan. 2, 2019

Jan. 2, 2019

PACER
29

NOTICE of Appearance by Tara Lynn Gerber on behalf of Defendants MYLA ELDRIDGE, MARION COUNTY ELECTION BOARD, STEVEN ROSE. (Gerber, Tara) (Entered: 02/21/2019)

Feb. 21, 2019

Feb. 21, 2019

PACER
30

STIPULATION of Dismissal , filed by Defendants MYLA ELDRIDGE, JANE DOE #4, LORETA JONES, MARION COUNTY ELECTION BOARD, STEVEN ROSE. (Attachments: # 1 Text of Proposed Order)(Bowman, Daniel) (Entered: 04/08/2019)

April 8, 2019

April 8, 2019

Clearinghouse
31

ORDER ON JOINT STIPULATION OF DISMISSAL - This action is hereby dismissed, without prejudice, each party to bear its own attorney's fees and costs. Signed by Judge Richard L. Young on 4/9/2019.(JRB) (Entered: 04/09/2019)

April 9, 2019

April 9, 2019

Clearinghouse

Case Details

State / Territory: Indiana

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: May 1, 2018

Closing Date: April 9, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Voter

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County-wide (Marion), County

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

Voting:

Voter ID