Case: Ray v. Johnson

4:17-cv-01006 | U.S. District Court for the Northern District of Texas

Filed Date: Dec. 18, 2017

Closed Date: Jan. 10, 2018

Clearinghouse coding complete

Case Summary

This is a case about the alleged unconstitutional removal of duly elected councilor Sandra Lee brought by voters in the City of Kennedale, Texas. On December 18, 2017, local voters who signed a statement stating that each of them did not want Sandra Lee removed and were in favor of obtaining an emergency temporary injunction and restraining order, filed a Complaint and Request for Injunction in the U.S. District Court of the Northern District of Texas. The plaintiffs alleged that defendants con…

This is a case about the alleged unconstitutional removal of duly elected councilor Sandra Lee brought by voters in the City of Kennedale, Texas.

On December 18, 2017, local voters who signed a statement stating that each of them did not want Sandra Lee removed and were in favor of obtaining an emergency temporary injunction and restraining order, filed a Complaint and Request for Injunction in the U.S. District Court of the Northern District of Texas. The plaintiffs alleged that defendants conspired to unconstitutionally remove the duly elected Councilor Sandra Lee on the evening of December 18, 2017. The pro se plaintiffs sought an emergency temporary injunction to enjoin the defendants from removing Councilor Sandra Lee at a meeting the evening of December 18, 2017 in order to give her time to prepare a defense to her removal.

On March 19, 2017, the Court issued an order denying plaintiffs’ motion for an emergency temporary restraining order. The Court strained to find a federal question since the plaintiffs only vaguely referenced “Due Process” and “Equal Protection” as a basis for jurisdiction. Additionally, the Court found that the plaintiffs did not have standing.

On January 8, 2018, the defendants filed a Motion and Brief to Dismiss for Mootness and Lack of Standing and Request for Expedited Consideration. The defendants argued that since the meeting for the removal of Sandra Lee had passed, the plaintiffs’ original complaint was moot. Additionally, the defendants argued that since the Court concluded that the plaintiffs did not have standing as mere voters, the Court lacked jurisdiction. Because of these reasons, the defendants requested that the Court expedite signing another order fully disposing of the case.

On January 8, 2018, plaintiffs filed a Notice of Voluntary Dismissal to voluntarily dismiss the case without prejudice.

On January 10, 2018, the Court issued a Final Judgment confirming plaintiffs’ filing of the notice of voluntary dismissal and confirmed that all claims were dismissed without prejudice.

This case is closed.

Summary Authors

Leilani Argersinger (4/11/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13382910/parties/ray-v-johnson/


Judge(s)

Means, Terry R. (Texas)

Attorney for Plaintiff

Adkins, Lary (Texas)

Ray, Allen (Texas)

Attorney for Defendant

Jr, James T (Texas)

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Documents in the Clearinghouse

Document
1

4:17-cv-01006

Complaint and Request for Injunction

Dec. 18, 2017

Dec. 18, 2017

Complaint
6

4:17-cv-01006

Order of Denying Motion for Temporary Injunction

Dec. 19, 2017

Dec. 19, 2017

Order/Opinion
12

4:17-cv-01006

Defendants' Motion & Brief to Dismiss for Mootness and Lack of Standing and Request for Expedited Consideration

Jan. 8, 2018

Jan. 8, 2018

Pleading / Motion / Brief
14

4:17-cv-01006

Notice of Voluntary Dismissal Pursuant to F.R.C.P. 41(a)(1)(A)(i)

Jan. 8, 2018

Jan. 8, 2018

Pleading / Motion / Brief
15

4:17-cv-01006

Final Judgment

Jan. 10, 2018

Jan. 10, 2018

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13382910/ray-v-johnson/

Last updated Sept. 28, 2025, 11:58 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT AND REQUEST FOR INJUNCTION against George Campbell, Liz Carrington, Brian Johnson, Kelly Turner filed by Allen Ray, Lary Adkins. (Filing fee $400; Receipt number FW029855) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (mpw) (Entered: 12/18/2017)

Dec. 18, 2017

Dec. 18, 2017

Clearinghouse
2

CERTIFICATE OF INTERESTED PERSONS by Lary Adkins, Allen Ray. (mpw) (Entered: 12/18/2017)

Dec. 18, 2017

Dec. 18, 2017

PACER
3

New Case Notes: A filing fee has been paid. No prior sanctions found. (For court use only - links to the national and circuit indexes.) File to: Judge Means. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (mpw) (Entered: 12/18/2017)

Dec. 18, 2017

Dec. 18, 2017

PACER
4

Notice and Instruction to Pro Se Party. (mpw) (Entered: 12/18/2017)

Dec. 18, 2017

Dec. 18, 2017

PACER
5

Summons Issued as to George Campbell, Liz Carrington, Brian Johnson, Wayne Olsen, Kelly Turner. (npk) (Entered: 12/18/2017)

Dec. 18, 2017

Dec. 18, 2017

PACER

***Clerk's Notice of delivery: (see NEF for details) Docket No:3, 4. Mon Dec 18 10:13:08 CST 2017 (crt)

Dec. 18, 2017

Dec. 18, 2017

PACER
6

ORDER OF DENYING MOTION FOR TEMPORARY INJUNCTION. (Ordered by Senior Judge Terry R Means on 12/19/2017) (npk) (Entered: 12/19/2017)

Dec. 19, 2017

Dec. 19, 2017

Clearinghouse

***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Tue Dec 19 16:39:33 CST 2017 (crt)

Dec. 19, 2017

Dec. 19, 2017

PACER
10

SUMMONS Returned Executed as to Brian Johnson ; served on 12/18/2017. (npk) (Entered: 12/20/2017)

Dec. 20, 2017

Dec. 20, 2017

PACER
11

SUMMONS Returned Executed as to George Campbell ; served on 12/18/2017. (npk) (Entered: 12/20/2017)

Dec. 20, 2017

Dec. 20, 2017

PACER
7

SUMMONS Returned Executed as to Wayne Olsen ; served on 12/18/2017. (npk) (Entered: 12/20/2017)

Dec. 20, 2017

Dec. 20, 2017

PACER
8

SUMMONS Returned Executed as to Kelly Turner ; served on 12/18/2017. (npk) (Entered: 12/20/2017)

Dec. 20, 2017

Dec. 20, 2017

PACER
9

SUMMONS Returned Executed as to Liz Carrington ; served on 12/18/2017. (npk) (Entered: 12/20/2017)

Dec. 20, 2017

Dec. 20, 2017

PACER
12

MOTION to Dismiss for Mootness and Lack of Standing and Request for Expedited Consideration filed by George Campbell, Liz Carrington, Brian Johnson, Wayne Olsen, Kelly Turner with Brief/Memorandum in Support. Attorney James T Jeffrey, Jr added to party George Campbell(pty:dft), Attorney James T Jeffrey, Jr added to party Liz Carrington(pty:dft), Attorney James T Jeffrey, Jr added to party Brian Johnson(pty:dft), Attorney James T Jeffrey, Jr added to party Wayne Olsen(pty:dft), Attorney James T Jeffrey, Jr added to party Kelly Turner(pty:dft) (Jeffrey, James) (Entered: 01/08/2018)

Jan. 8, 2018

Jan. 8, 2018

Clearinghouse
13

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by George Campbell, Liz Carrington, Brian Johnson, Wayne Olsen, Kelly Turner. (Jeffrey, James) (Entered: 01/08/2018)

Jan. 8, 2018

Jan. 8, 2018

PACER
14

NOTICE of Voluntary Dismissal pursuant to FRCP 41(a)(1)(A)(i) filed by Lary Adkins, Allen Ray (npk) (Entered: 01/08/2018)

Jan. 8, 2018

Jan. 8, 2018

Clearinghouse
15

FINAL JUDGMENT. In accordance with Plaintiffs' notice of voluntary dismissal (doc. 14) filed on January 8, 2018, and Federal Rule of Civil Procedure 58, all claims are hereby DISMISSED WITHOUT PREJUDICE to their refiling. All costs of Court under 28 U.S.C. ยง 1920 shall be borne as agreed by the parties or, if there is no agreement, by the party incurring them. (Ordered by Senior Judge Terry R Means on 1/10/2018) (npk) (Entered: 01/10/2018)

Jan. 10, 2018

Jan. 10, 2018

RECAP

***Clerk's Notice of delivery: (see NEF for details) Docket No:15. Wed Jan 10 15:00:54 CST 2018 (crt)

Jan. 10, 2018

Jan. 10, 2018

PACER

Case Details

State / Territory: Texas

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Dec. 18, 2017

Closing Date: Jan. 10, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Voters of Kennedale, Texas who opposed the removal of councilor Sandra Lee.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Brian Johnson (Tarrant), Private Entity/Person

George Campbell (Tarrant), Private Entity/Person

Liz Carrington (Tarrant), Private Entity/Person

Kelly Turner (Tarrant), Private Entity/Person

Defendant Type(s):

Jurisdiction-wide

Case Details

Constitutional Clause(s):

Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Position Restored

Issues

Voting:

Voting: General & Misc.