Case: Johnson v. Prince George's County

8:17-cv-02867 | U.S. District Court for the District of Maryland

Filed Date: Sept. 26, 2017

Closed Date: Feb. 27, 2018

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Case Summary

This is a case about the alleged violations of the Maryland Election Law Article, Maryland Constitution, and United States Constitution. Plaintiffs were unregistered but eligible voters and residents of the County of Prince George’s, State of Maryland, and citizens of the United States who were being detained in the Prince George’s County Department of Corrections. Plaintiffs brought this case against defendants Prince George’s County Board of Elections, the Maryland State Board of Elections an…

This is a case about the alleged violations of the Maryland Election Law Article, Maryland Constitution, and United States Constitution.

Plaintiffs were unregistered but eligible voters and residents of the County of Prince George’s, State of Maryland, and citizens of the United States who were being detained in the Prince George’s County Department of Corrections. Plaintiffs brought this case against defendants Prince George’s County Board of Elections, the Maryland State Board of Elections and the State Administrator of Elections. Plaintiffs claimed they were denied the right to register, access the ballot and vote in the November 8, 2016 General Election by the City and State Board of Elections.

In 2016, Maryland enacted Election law 3-102(a) and (b), et seq., to restore voting rights to all ex-offenders upon re-entry into the community after serving a court-ordered sentence for the felony conviction, even if they are on active parole or probation. This law coupled with other Maryland election laws and regulations give individuals in custody awaiting trial or serving time on a misdemeanor conviction(s) the right to vote. Plaintiffs claimed a lack of State strategy governing inmate voter registration and voting during the 2016 General Election which infringed upon their fundamental right to vote.

On November 21, 2016, plaintiffs filed this action against the State Board and the Prince George’s County Board of Elections. On December 9, 2016, plaintiffs filed an amended complaint against the State and Prince George’s County Boards. On December 14, plaintiffs filed a second amended complaint and demand for a jury trial, where they added the State Administrator of the State Board as a defendant. On August 24, all claims against the Prince George's County Board of Elections were dismissed. On September 1, defendant State Board filed a motion to dismiss plaintiffs' second amended complaint in state court, and plaintiffs filed a response in opposition. On September 26, 2017, a notice of removal was filed removing the action from the Circuit Court for Prince George's County, Maryland, to the United States District Court for the District of Maryland. Defendant State Administrator then filed a motion to dismiss plaintiffs' second amended complaint on October 11, 2017, claiming that (1) plaintiffs failed to comply with the Maryland Tort Claims Act and thus their claims are barred by sovereign immunity; (2) plaintiffs lacked standing; (3) plaintiffs failed to state a claim upon which relief may be granted; and (4) plaintiffs failed to state a claim for punitive damages. 

On October 26, 2017, plaintiffs filed an opposition to the motion to dismiss the second amended complaint, arguing that Lamone’s failure or refusal to comply with her statutory duties discriminated against plaintiffs on the basis of their pretrial detention status, and denied them the basic right to participate in the election process by, inter alia, registering and voting.

On February 27, 2018, the District Court of Maryland filed a memorandum opinion and order granting in part the motions to dismiss by defendants Lamone and Maryland State Board of Elections by dismissing plaintiffs’ federal claims under 42 U.S.C. § 1983 (including declaratory relief) because plaintiffs lacked standing and had failed to state a claim. Plaintiffs' state law claims, however, were remanded to the Circuit Court for Prince George’s County.

This District of Maryland case is closed.

On March 30, 2018, the case was reopened in the Circuit Court for Prince George's County – Civil. The details of the reopened case are unavailable to the Clearinghouse at this time.

The case was ultimately dismissed on December 10, 2021.

Summary Authors

(5/7/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6317832/parties/johnson-v-prince-georges-county-board-of-elections/


Judge(s)

Chasanow, Deborah K. (Maryland)

Attorney for Plaintiff

Abdullah, Raouf Muhammad (Maryland)

Francis-Williams, Latoya Andrea (Maryland)

Gordon, J Wyndal (Maryland)

Attorney for Defendant

Kuchno, John Joseph (Maryland)

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Documents in the Clearinghouse

Document
0

State Trial Court Docket

Maryland state trial court

None

Docket
4

8:17-cv-02867

Notice of Consent to Removal

Johnson v. Maryland State Board of Elections

Sept. 26, 2017

Sept. 26, 2017

Pleading / Motion / Brief
1

8:17-cv-02867

Notice of Removal

Sept. 26, 2017

Sept. 26, 2017

Other
2

8:17-cv-02867

Second Amended Complaint

Sept. 26, 2017

Sept. 26, 2017

Complaint
8

8:17-cv-02867

Defendant Linda Lamone’s Motion to Dismiss Second Amended Complaint

Johnson v. Maryland State Board of Elections

Oct. 11, 2017

Oct. 11, 2017

Pleading / Motion / Brief
14

8:17-cv-02867

Opposition to Motion to Dismiss Second Amended Complaint

Johnson v. Maryland State Board of Elections

Oct. 26, 2017

Oct. 26, 2017

Pleading / Motion / Brief
15

8:17-cv-02867

Defendant Linda Lamone's Reply Memorandum

Johnson v. Maryland State Board of Elections

Nov. 9, 2017

Nov. 9, 2017

Pleading / Motion / Brief
17

8:17-cv-02867

Order

Feb. 27, 2018

Feb. 27, 2018

Order/Opinion
16

8:17-cv-02867

Memorandum Opinion

Feb. 27, 2018

Feb. 27, 2018

Order/Opinion

2018 WL 1069434

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6317832/johnson-v-prince-georges-county-board-of-elections/

Last updated Jan. 12, 2026, 4:13 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL from Circuit Court for Prince George's County, case number CAL16-42799. ( Filing fee $ 400 receipt number 14637100735), filed by Linda H. Lamone. (Attachments: # 1 Civil Cover Sheet)(krs, Deputy Clerk) (Entered: 09/28/2017)

1 Civil Cover Sheet

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Sept. 26, 2017

Sept. 26, 2017

2

SECOND AMENDED COMPLAINT against Linda H. Lamone, Maryland State Board of Elections, Prince George's County Board of Elections, filed by Qaaree Palmer, Melvin Johnson. (Attachments: # 1 Civil Case Information Report)(krs, Deputy Clerk) (Entered: 09/28/2017)

1 Civil Case Information Report

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Sept. 26, 2017

Sept. 26, 2017

Clearinghouse
3

Summons Issued 30 days as to Linda H. Lamone.(krs, Deputy Clerk) (Entered: 09/28/2017)

Sept. 26, 2017

Sept. 26, 2017

4

NOTICE of Consent to Removal by Maryland State Board of Elections (krs, Deputy Clerk) (Entered: 09/28/2017)

Sept. 26, 2017

Sept. 26, 2017

Clearinghouse
5

Local Rule 103.3 Disclosure Statement by Linda H. Lamone (krs, Deputy Clerk) (Entered: 09/28/2017)

Sept. 26, 2017

Sept. 26, 2017

Remark - State Court Docs

Sept. 26, 2017

Sept. 26, 2017

THE ABOVE DOCUMENTS (2-3) ARE COPIES OF ORIGINAL PAPERS FILED IN THE CIRCUIT COURT FOR PRINCE GEORGE'S COUNTY. (krs, Deputy Clerk)

Sept. 26, 2017

Sept. 26, 2017

6

Standing Order Concerning Removal re 1 Notice of Removal filed by Linda H. Lamone. Signed by Judge Deborah K. Chasanow on 10/10/2017. (tds, Deputy Clerk) (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

7

MOTION for Extension of Time to File Answer re 2 Amended Complaint by Linda H. Lamone (Attachments: # 1 Text of Proposed Order)(Kuchno, John) Modified on 10/12/2017 (tds, Deputy Clerk). (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

8

MOTION to Dismiss for Failure to State a Claim by Linda H. Lamone (Attachments: # 1 Memorandum in support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Text of Proposed Order)(Kuchno, John) Modified on 10/12/2017 (tds, Deputy Clerk). (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

Clearinghouse
9

PAPERLESS ORDER GRANTING 7 unopposed motion for extension of time. Defendants' motion to dismiss is accepted as timely filed on October 11, 2017. Signed by Judge Deborah K. Chasanow on 10/12/2017. (Chasanow, Deborah) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

10

RESPONSE re 6 Standing Order Concerning Removal filed by Linda H. Lamone, Maryland State Board of Elections.(Kuchno, John) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

11

[FILED IN ERROR PER COUNSEL - SEE ECF NO. 12] Local Rule 103.3 Disclosure Statement by Linda H. Lamone, Maryland State Board of Elections (Kuchno, John) Modified on 10/12/2017 (tds, Deputy Clerk). (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

12

Local Rule 103.3 Disclosure Statement by Maryland State Board of Elections (Kuchno, John) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

13

Local Rule 103.5(a) Certification (Attachments: # 1 Complaint, # 2 Civil Cover Sheet Civil Non- Domestic Case Information Report, # 3 Summons MD Bd of Elections, # 4 Court Notice to Latoya Williams, # 5 Court Notice to Abdullah, # 6 Court Notice to Scott, # 7 Amended Complaint, # 8 Amended Complaint (Redline Copy), # 9 Second Amended Complaint (Redline Copy), # 10 Praecipe re: Abdullah Entry of Appearance Fee, # 11 Pracipe re Entry of Appearance Fee of Scott, # 12 Memorandum of the Court, # 13 Daily Sheet March 10, 2017, # 14 Notice of April 7, 2017 Hearing, # 15 Praecipe re Summons, # 16 Daily Sheet April 7, 2017, # 17 Court Notice Complaint 002, # 18 Court Notice Complaint 004, # 19 Summons re MD Board of Elections Apr 11, 2017, # 20 Court Notice to Judge Green, # 21 Motion for Continuance, # 22 Daily Sheet June 9, 2017, # 23 Memorandum and Order, # 24 Court Notice to Judge Green, # 25 Affidavit Affidavit of Service re MD Bd of Elections, # 26 Affidavit Affidavit of Service re PG Bd of Elections, # 27 Consent Motion for Extension of Time to Answer Complaint, # 28 Daily Sheet July 13, 2017, # 29 Order, # 30 Line to Reissue Summons, # 31 Summons re PGBOE, # 32 Return of Service re Frosh, # 33 Return of Service re Frosh (COPY), # 34 Scheduling Order, # 35 Court Notice to Judge Green, # 36 Entry of Appearance of McGinley, # 37 Line of Partial Dismissal, # 38 MD State Bd of Elections' Motion to Dismiss Second Amended Complaint or, in the Alternative, for a More Definite Statement and Request for Hearing, # 39 Memorandum in Support of MD State Bd of Elections' Motion to Dismiss Second Amended Complaint or, in the Alternative, for a More Definite Statement, # 40 Exhibit Exhibit A, # 41 Court Notice to Judge Woodward, # 42 Daily Sheet August 10, 2017, # 43 Order of Case Assignment, # 44 Opposition to Motion to Dismiss Second Amended Complaint, # 45 Exhibit Plaintiff's Exhibit 3g, # 46 Line to Reissue Summons re Lamone, # 47 Summons re Lamone, # 48 Notice of Filing of Notice of Removal, # 49 Docket Entries)(Kuchno, John) (Entered: 10/12/2017)

1 Complaint

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2 Civil Cover Sheet Civil Non- Domestic Case Information Report

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3 Summons MD Bd of Elections

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4 Court Notice to Latoya Williams

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5 Court Notice to Abdullah

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6 Court Notice to Scott

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7 Amended Complaint

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8 Amended Complaint (Redline Copy)

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9 Second Amended Complaint (Redline Copy)

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10 Praecipe re: Abdullah Entry of Appearance Fee

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11 Pracipe re Entry of Appearance Fee of Scott

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12 Memorandum of the Court

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13 Daily Sheet March 10, 2017

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14 Notice of April 7, 2017 Hearing

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15 Praecipe re Summons

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16 Daily Sheet April 7, 2017

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17 Court Notice Complaint 002

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18 Court Notice Complaint 004

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19 Summons re MD Board of Elections Apr 11, 2017

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20 Court Notice to Judge Green

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21 Motion for Continuance

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22 Daily Sheet June 9, 2017

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23 Memorandum and Order

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24 Court Notice to Judge Green

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25 Affidavit Affidavit of Service re MD Bd of Elections

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26 Affidavit Affidavit of Service re PG Bd of Elections

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27 Consent Motion for Extension of Time to Answer Complaint

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28 Daily Sheet July 13, 2017

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29 Order

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30 Line to Reissue Summons

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31 Summons re PGBOE

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32 Return of Service re Frosh

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33 Return of Service re Frosh (COPY)

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34 Scheduling Order

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35 Court Notice to Judge Green

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36 Entry of Appearance of McGinley

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37 Line of Partial Dismissal

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38 MD State Bd of Elections' Motion to Dismiss Second Amended Complaint or, i

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39 Memorandum in Support of MD State Bd of Elections' Motion to Dismiss Secon

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40 Exhibit Exhibit A

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41 Court Notice to Judge Woodward

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42 Daily Sheet August 10, 2017

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43 Order of Case Assignment

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44 Opposition to Motion to Dismiss Second Amended Complaint

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45 Exhibit Plaintiff's Exhibit 3g

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46 Line to Reissue Summons re Lamone

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47 Summons re Lamone

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48 Notice of Filing of Notice of Removal

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49 Docket Entries

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Oct. 12, 2017

Oct. 12, 2017

14

RESPONSE in Opposition re 8 MOTION to Dismiss for Failure to State a Claim filed by Melvin Johnson, Qaaree Palmer.(Gordon, J) (Entered: 10/26/2017)

Oct. 26, 2017

Oct. 26, 2017

Clearinghouse
15

REPLY to Response to Motion re 8 MOTION to Dismiss for Failure to State a Claim Reply Memorandum filed by Linda H. Lamone.(Kuchno, John) (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

Clearinghouse
16

MEMORANDUM OPINION. Signed by Judge Deborah K. Chasanow on 2/27/2018. (sat, Chambers) (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

RECAP
17

ORDER GRANTING IN PART 8 and [13-38] motions to dismiss, DISMISSING Plaintiffs' claims under 42 U.S.C. § 1983, REMANDING Plaintiffs' state law claims to the Circuit Court for Prince George's County, Maryland, and DIRECTING the Clerk to close this case. Signed by Judge Deborah K. Chasanow on 2/27/2018. (sat, Chambers) (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

18

Remand Letter sent to The Circuit Court of Prince George's County. (cc/m 2/27/2018 heps, Deputy Clerk) (Additional attachment(s) added on 3/23/2018: # 1 Return Receipt) (jf3s, Deputy Clerk). (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

Case Details

State / Territory:

Maryland

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Sept. 26, 2017

Closing Date: Feb. 27, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Private individuals

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Unknown

Class Action Outcome: Unknown

Defendants

Maryland State Board of Elections and the State Administrator of Elections (Prince George's), State

Defendant Type(s):

Corrections

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Other Dockets:

District of Maryland 8:17-cv-02867

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Order Duration: 2018 - 2018

Issues

Voting:

Election administration

Voting: General & Misc.