Case: Brown v. Schedler

2:17-cv-09627 | U.S. District Court for the Eastern District of Louisiana

Filed Date: Sept. 26, 2017

Closed Date: May 3, 2018

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Case Summary

This is a case alleging election mismanagement after two candidates were disqualified from a New Orleans election on the grounds that the falsified their personal tax history.  On September 26, 2017, two Louisiana citizens who had sought candidacies in New Orleans local filed a Complaint (pro se) against the Secretary of State of Louisiana, the Attorney General of Louisiana (together, the “State Official Defendants”), several Louisiana state court judges (altogether the “Judge Defendants” and c…

This is a case alleging election mismanagement after two candidates were disqualified from a New Orleans election on the grounds that the falsified their personal tax history. 

On September 26, 2017, two Louisiana citizens who had sought candidacies in New Orleans local filed a Complaint (pro se) against the Secretary of State of Louisiana, the Attorney General of Louisiana (together, the “State Official Defendants”), several Louisiana state court judges (altogether the “Judge Defendants” and collectively with the State Official Defendants, the “Defendants”), when their candidacies were challenged on the grounds that they falsified their personal tax history. Plaintiffs first contested these challenges in Louisiana state court where neither one succeeded and they were disqualified from the ballot. In the United States District Court for the Eastern District of Louisiana, Plaintiffs asserted that their disqualification from their candidacies violated the Voting Rights Act of 1965, Article I, section 10 of the Louisiana Constitution, and the Louisiana Revised Statutes section 47:1508. As their remedy, Plaintiffs sought: (1) a declaratory judgement that Defendants’ policies violate Plaintiffs’ right to political participation under the Voting Rights Act; (2) an injunction against Defendants to return Plaintiffs’ names to the ballot for the October 14, 2017 elections; (3) a permanent injunction against all Defendants from using “any of the Jim Crow Laws against candidates running for public office”; and (4) compensatory damages in the amount of ten million dollars. The case was first assigned to Judge Jane Triche Milazzo and later reassigned to Judge Susie Morgan.

On October 26, 2017, the Judge Defendants moved to dismiss, providing three reasons. First, that compensatory (money) damages were not available under the Voting Rights Act. Second, that they were entitled to absolute judicial immunity. Lastly, that Plaintiffs’ claims were barred under the Rooker-Feldman doctrine (see Exxon Mobile Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280 (2005). 

On April 26, 2017, the court granted the motion to dismiss. The court examined the Judge Defendants' second argument and found that the factors determining if an act is judicial in nature are to be broadly construed in favor of immunity. Thus, the Court found the Judge Defendants were protected from suit. 

On November 15, 2017, the State Official Defendants also moved to dismiss for three reasons. They first argued that Plaintiffs' claims should be dismissed for lack of subject matter jurisdiction. They had three key reasons for this argument. First, that Plaintiffs’ claims were barred under the Rooker-Feldman doctrine. Under this doctrine, federal courts do not have jurisdiction over cases previously brought in state courts where the party filing is seeking review and rejection of the preceding state court judgement. Here, the Court held that Plaintiffs’ claims invited the Court to review the state court judgement and thus lacked subject matter jurisdiction. Second, that Plaintiffs’ request for injunctive relief was moot. Fifth Circuit case law has long established that when the relevant election has passed, injunctive relief to return a candidate’s name to a ballot is moot. Here, the Court determined that only in exceptional circumstances where there is egregious defiance of the Voting Rights Act would an election be invalidated and that such circumstance did not exist here, so Plaintiffs’ claims for injunctive relief were moot. Third, that Plaintiffs’ claims were prohibited under the Eleventh Amendment. The Supreme Court and Louisiana state courts have held that Louisiana agencies or entities acting in their official capacities are immune from suit by Louisiana citizens in federal court. Here, the Court determined that Plaintiffs’ claims were barred by the Eleventh Amendment. Thus, the Court granted the State Official Defendants’ motion to dismiss for lack of subject matter jurisdiction.

The State Official Defendants next moved to dismiss on the basis that Plaintiffs failed to state a claim. Plaintiffs argued that the state failed to obtain federal preclearance for Louisiana Revised Statutes section 47:1508. The Court dispelled this and found that Defendant Landry demonstrated that preclearance was properly obtained. Plaintiffs next argued that their claim could be enforced retroactively under section 5 of the Voting Rights Act. The Court cited several instances of case law which indicated that the ruling in Shelby County v. Holder precluded suits to enforce section 5’s preclearance requirement to all events regardless of if they predate or postdate the ruling (540 U.S. 529 (2013); see also Harper v. Virginia Dep't of Taxation, 509 U.S 86 (1993); Thompson v. Attorney General of Mississippi, 129 F. Supp. 3d 430 (S.D. Miss. 2015)). Thus, the State Defendants’ motion to dismiss for failure to state a claim was granted.

Lastly, the State Defendants moved to dismiss based on Plaintiffs’ desired remedy. Plaintiffs sought compensatory (money) damages. This form of relief is not available under section 5 of the Voting Rights Act. Thus, the Plaintiffs’ claim for compensatory damages was also dismissed.

On May 3, 2018, the Court found for the State Official Defendants and granted their motions to dismiss.

This case is closed. 

 

Summary Authors

Alexandra Summa (5/10/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6273869/parties/brown-v-schedler/


Judge(s)

Morgan, Donna Sue (Louisiana)

Attorney for Plaintiff

Batiste, Belden (Louisiana)

Brown, Howard Anthony (Louisiana)

Attorney for Defendant

Cangelosi, Celia R. (Louisiana)

Morris, Sheri M. (Louisiana)

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Documents in the Clearinghouse

Document
1

2:17-cv-09627

Complaint for Damages and Injunctive and Declaratory Relief

Sept. 26, 2017

Sept. 26, 2017

Complaint
4

2:17-cv-09627

Amended Complaint for Damages and Injunctive and Declaratory Relief

Oct. 2, 2017

Oct. 2, 2017

Complaint
10

2:17-cv-09627

Motion for Entry of Default, Pursuant Fed. R. Civ. P. 55 (a)

Oct. 25, 2017

Oct. 25, 2017

Pleading / Motion / Brief
11

2:17-cv-09627

Motion for Default Judgment, Pursuant Fed. R. Civ. P. 55 (b) (1)

Oct. 25, 2017

Oct. 25, 2017

Pleading / Motion / Brief
9

2:17-cv-09627

Memorandum in Support of Motion to Dismiss on Behalf on Defendants James F. McKay, III, Edwin Lombard, Daniel L. Dysart, Rosemary Ledet, Paula A. Brown, and Kern Reese

Oct. 26, 2017

Oct. 26, 2017

Pleading / Motion / Brief
12

2:17-cv-09627

Order

Oct. 31, 2017

Oct. 31, 2017

Order/Opinion
13

2:17-cv-09627

Order

Oct. 31, 2017

Oct. 31, 2017

Order/Opinion
14

2:17-cv-09627

Plaintiff's Motion to Strike the Defendant's Motion to Dismiss

Nov. 3, 2017

Nov. 3, 2017

Pleading / Motion / Brief
15

2:17-cv-09627

Opposition to Plaintiff's Motion to Strike (Rec. Doc. 14)

Nov. 7, 2017

Nov. 7, 2017

Pleading / Motion / Brief

2017 WL 10276058

18

2:17-cv-09627

Memorandum in Support of Motions to Dismiss Complaint for Damages and Injunctive and Declaratory Relief on Behalf of Attorney General Jeff Landry

Nov. 15, 2017

Nov. 15, 2017

Pleading / Motion / Brief

2017 WL 10276059

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6273869/brown-v-schedler/

Last updated Jan. 30, 2025, 3:20 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Filing fee $ 400) filed by Belden Batiste, Howard Anthony Brown. (Attachments: # 1 Civil Cover Sheet)(ecm) (Entered: 09/26/2017)

1 Civil Cover Sheet

View on PACER

Sept. 26, 2017

Sept. 26, 2017

Clearinghouse

Summons Issued

Sept. 26, 2017

Sept. 26, 2017

PACER
2

Summons Issued (8) as to Paula Brown, Daniel L Dysart, Jeff Landry, Rosemary Ledet, Edwin Lombard, James F McKay, III, Kern A Reese, Tom Schedler. (ecm) (Entered: 09/26/2017)

Sept. 26, 2017

Sept. 26, 2017

PACER
3

SUMMONS Returned Executed; Paula Brown served on 9/27/2017, answer due 10/18/2017; Daniel L Dysart served on 9/26/2017, answer due 10/17/2017; Jeff Landry served on 9/26/2017, answer due 10/17/2017; Rosemary Ledet served on 9/27/2017, answer due 10/18/2017; Edwin Lombard served on 9/27/2017, answer due 10/18/2017; James F McKay, III served on 9/27/2017, answer due 10/18/2017; Kern A Reese served on 9/27/2017, answer due 10/18/2017; Tom Schedler served on 9/26/2017, answer due 10/17/2017. (jjs) (Entered: 09/27/2017)

Sept. 27, 2017

Sept. 27, 2017

PACER
4

AMENDED COMPLAINT against Paula Brown, Daniel L Dysart, Jeff Landry, Rosemary Ledet, Edwin Lombard, James F McKay, III, Kern A Reese, Tom Schedler filed by Belden Batiste, Howard Anthony Brown.(ecm) (Entered: 10/02/2017)

Oct. 2, 2017

Oct. 2, 2017

Clearinghouse
5

EXPARTE/CONSENT MOTION for Extension of Time to Answer re 4 Amended Complaint by Tom Schedler. (Attachments: # 1 Proposed Order)Attorney Celia R. Cangelosi added to party Tom Schedler(pty:dft).(Cangelosi, Celia) (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER
6

ORDER granting 5 Motion for Extension of Time to Answer re 4 Amended Complaint as to Tom Schedler answer due 11/15/2017. Signed by Judge Jane Triche Milazzo. (ecm) (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

PACER
7

EXPARTE/CONSENT MOTION for Extension of Time to Answer re 4 Amended Complaint by Jeff Landry. (Attachments: # 1 Proposed Order)Attorney Christina Berthelot Peck added to party Jeff Landry(pty:dft).(Peck, Christina) (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

PACER
8

ORDER granting 7 Motion for Extension of Time to Answer re 4 Amended Complaint, 1 Complaint as to Jeff Landry answer due 11/15/2017. Signed by Judge Jane Triche Milazzo. (ecm) (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

PACER
10

MOTION for Entry of Default as to Paula Brown, Daniel L Dysart, Rosemary Ledet, Edwin Lombard, James F McKay, III, Kern A Reese by All Plaintiffs. (Attachments: # 1 Affidavit, # 2 Proposed Order)(ecm) (Entered: 10/27/2017)

Oct. 25, 2017

Oct. 25, 2017

Clearinghouse
11

EXPARTE/CONSENT MOTION for Default Judgment against Paula Brown, Daniel L Dysart, Rosemary Ledet, Edwin Lombard, James F McKay, III, Kern A Reese by All Plaintiffs. (Attachments: # 1 Proposed Order)(ecm) (Entered: 10/27/2017)

Oct. 25, 2017

Oct. 25, 2017

Clearinghouse
9

MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by Paula Brown, Daniel L Dysart, Rosemary Ledet, Edwin Lombard, James F McKay, III, Kern A Reese. Motion(s) will be submitted on 11/15/2017. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)Attorney David Glen Sanders added to party Paula Brown(pty:dft), Attorney David Glen Sanders added to party Daniel L Dysart(pty:dft), Attorney David Glen Sanders added to party Rosemary Ledet(pty:dft), Attorney David Glen Sanders added to party Edwin Lombard(pty:dft), Attorney David Glen Sanders added to party James F McKay, III(pty:dft), Attorney David Glen Sanders added to party Kern A Reese(pty:dft).(Sanders, David) (Entered: 10/26/2017)

1 Memorandum in Support

View on PACER

2 Notice of Submission (Civil Only)

View on PACER

Oct. 26, 2017

Oct. 26, 2017

Clearinghouse
12

ORDER denying 10 Motion for Entry of Default. Signed by clerk. (ecm) (Entered: 10/31/2017)

Oct. 31, 2017

Oct. 31, 2017

Clearinghouse
13

ORDER denying as moot 11 Motion for Default Judgment. Signed by Judge Jane Triche Milazzo. (ecm) (Entered: 10/31/2017)

Oct. 31, 2017

Oct. 31, 2017

Clearinghouse
14

MOTION to Strike Defendants' 9 MOTION to Dismiss by Belden Batiste, Howard Anthony Brown. Motion(s) will be submitted on 11/29/2017. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(ecm) (Entered: 11/03/2017)

Nov. 3, 2017

Nov. 3, 2017

Clearinghouse
15

RESPONSE/MEMORANDUM in Opposition filed by Paula Brown, Daniel L Dysart, Rosemary Ledet, Edwin Lombard, James F McKay, III, Kern A Reese re 14 MOTION to Strike 9 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction . (Sanders, David) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

Clearinghouse
16

MOTION to Dismiss by Tom Schedler. Motion(s) will be submitted on 12/13/2017. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Proposed Order)(Cangelosi, Celia) (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

Clearinghouse
17

Request/Statement of Oral Argument re 16 Motion To Dismiss by Tom Schedler. (Attachments: # 1 Proposed Order)(Cangelosi, Celia) Modified on 11/16/2017 (ecm). (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

PACER
18

MOTION to Dismiss for Lack of Jurisdiction by Jeff Landry. Motion(s) will be submitted on 12/13/2017. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Exhibit A)(Peck, Christina) (Additional attachment(s) added on 11/16/2017: # 4 Notice of Submission (Civil Only)) (ecm). (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

Clearinghouse
19

Request/Statement of Oral Argument by Jeff Landry regarding 18 MOTION to Dismiss for Lack of Jurisdiction (Attachments: # 1 Proposed Order)(Peck, Christina) (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

PACER
20

Correction of Docket Entry by Clerk re 17 MOTION Request for Oral Argument on Motion To Dismiss ; Filing attorney selected incorrect event. Requests for Oral Arguments should not be filed as a Motion. Correct event is Request/Statement of Oral Argument. Clerk took corrective action by terminating the motion and modifying docket text. No further action needed. (ecm) (Entered: 11/16/2017)

Nov. 16, 2017

Nov. 16, 2017

PACER

Correction of Docket Entry by Clerk

Nov. 16, 2017

Nov. 16, 2017

PACER
21

Correction of Docket Entry by Clerk re 18 MOTION to Dismiss for Lack of Jurisdiction ; Filing attorney did not include a notice of submission. Notice of Submission subsequently provided to Clerk and has now been attached to the motion. (ecm) (Entered: 11/16/2017)

Nov. 16, 2017

Nov. 16, 2017

PACER
22

ORDER Setting Oral Argument on 16, 18 MOTIONS to Dismiss for 1/3/2018 09:30 AM before Judge Jane Triche Milazzo. Signed by Judge Jane Triche Milazzo.(ecm) (Entered: 11/16/2017)

Nov. 16, 2017

Nov. 16, 2017

PACER
23

RESPONSE/MEMORANDUM in Opposition filed by Belden Batiste, Howard Anthony Brown re 18 MOTION to Dismiss for Lack of Jurisdiction . (Attachments: # 1 Memorandum in Support)(ecm) (Entered: 12/12/2017)

Dec. 11, 2017

Dec. 11, 2017

Clearinghouse
24

RESPONSE/MEMORANDUM in Opposition filed by Belden Batiste, Howard Anthony Brown re 16 MOTION to Dismiss . (Attachments: # 1 Memorandum in Support)(ecm) (Entered: 12/12/2017)

Dec. 11, 2017

Dec. 11, 2017

Clearinghouse
25

Minute Entry for proceedings held before Judge Jane Triche Milazzo: Motion Hearing held on 1/3/2018 re 16 MOTION to Dismiss filed by Tom Schedler, 18 MOTION to Dismiss for Lack of Jurisdiction filed by Jeff Landry. Motions are argued and taken under submission by the Court. (Court Reporter Karen Ibos.) (ecm) (Entered: 01/04/2018)

Jan. 3, 2018

Jan. 3, 2018

PACER
26

EXPARTE/CONSENT MOTION to Disqualify Judge by Belden Batiste, Howard Anthony Brown. (Attachments: # 1 Proposed Order)(sa) (Entered: 01/05/2018)

Jan. 5, 2018

Jan. 5, 2018

PACER
27

MOTION to Withdraw Sheri M. Morris as Attorney of Record by Jeff Landry. Motion(s) referred to Karen Wells Roby. Motion(s) will be submitted on 1/24/2018. (Attachments: # 1 Proposed Order, # 2 Notice of Submission)(Peck, Christina) (Entered: 01/09/2018)

Jan. 9, 2018

Jan. 9, 2018

PACER
28

ORDER granting 27 Motion to Withdraw as Attorney. Attorney Sheri M. Morris terminated. Signed by Judge Jane Triche Milazzo. (ecm) (Entered: 01/10/2018)

Jan. 10, 2018

Jan. 10, 2018

PACER
29

ORDER OF RECUSAL. Judge Jane Triche Milazzo recused. Case reassigned to Judge Susie Morgan. Signed by Judge Jane Triche Milazzo on 1/08/2018.(sa) (Entered: 01/11/2018)

Jan. 11, 2018

Jan. 11, 2018

Clearinghouse
30

MOTION for Ruling re 14 MOTION to Strike by Belden Batiste, Howard Anthony Brown. (clc) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

Clearinghouse
31

Request/Statement of Oral Argument by Belden Batiste, Howard Anthony Brown regarding 9 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction, 16 MOTION to Dismiss 18 MOTION to Dismiss for Lack of Jurisdiction . (clc) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER
32

ORDER denying 30 Motion for Ruling. FURTHER ORDERED that Plaintiffs' 31 request for oral argument is DENIED. Signed by Judge Susie Morgan on 1/30/2018. (clc) (Entered: 01/31/2018)

Jan. 31, 2018

Jan. 31, 2018

PACER
33

MOTION to disqualify District Judge by Belden Batiste, Howard Anthony Brown. (clc) (Entered: 02/08/2018)

Feb. 5, 2018

Feb. 5, 2018

Clearinghouse
34

ORDER AND REASONS denying 33 Motion to disqualify District Judge. Signed by Judge Susie Morgan on 2/28/2018. (clc) (Entered: 02/28/2018)

Feb. 28, 2018

Feb. 28, 2018

Clearinghouse
35

ORDER AND REASONS denying 14 Motion to Strike 9 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction . Signed by Judge Susie Morgan. (bwn) (Entered: 04/26/2018)

April 26, 2018

April 26, 2018

Clearinghouse
36

ORDER AND REASONS granting 9 to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction. Signed by Judge Susie Morgan. (bwn) (Entered: 04/26/2018)

April 26, 2018

April 26, 2018

Clearinghouse
37

ORDER AND REASONS granting 16 Motion to Dismiss and 18 Motion to Dismiss for Lack of Jurisdiction. IT IS FURTHER ORDERED that Plaintiffs' claims are DISMISSED WITH PREJUDICE. Signed by Judge Susie Morgan. (bwn)

May 3, 2018

May 3, 2018

RECAP
38

JUDGMENT - IT IS ORDERED, ADJUDGED, AND DECREED that there be judgment in favor of Defendants James F. McKay, III, Edwin Lombard, Daniel L. Dysart, Rosemary Ledet, Paula Brown, and Kern A. Reese, and against Plaintiffs Howard Anthony Brown and Belden Batiste. And further considering the Court's Order and Reasons entered May 3, 20182; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that there be judgment in favor of Defendants Tom Schedler and Jeff Landry, and against Plaintiffs Howard Anthony Brown and Belden Batiste. Signed by Judge Susie Morgan.(bwn) (Entered: 05/03/2018)

May 3, 2018

May 3, 2018

RECAP

Case Details

State / Territory: Louisiana

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: Sept. 26, 2017

Closing Date: May 3, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are two Louisiana residents seeking to fill vacancies in the Orleans Parish Assessor's Office and District D Council.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State-Wide, None

State-Wide, None

State-Wide, None

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Voting Rights Act, section 5, 52 U.S.C. § 10304 (previously 42 U.S.C. § 1973c)

State law

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues