Case: La Rose v. Northampton County

5:17-cv-04080 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Sept. 11, 2017

Closed Date: Oct. 19, 2017

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Case Summary

This is a case alleging that the requirement that a voter be over 18 years of age violates the substantive due process and equal protection clauses of the Constitution. On September 11, 2017, a write-in-candidate for elected office on city council, filed this action pro se in the Eastern District of Pennsylvania. Plaintiff claimed that defendants Northampton County and Lehigh County were violating the U.S. Constitution and Section 701 of the Pennsylvania Election Code by denying persons under t…

This is a case alleging that the requirement that a voter be over 18 years of age violates the substantive due process and equal protection clauses of the Constitution.

On September 11, 2017, a write-in-candidate for elected office on city council, filed this action pro se in the Eastern District of Pennsylvania. Plaintiff claimed that defendants Northampton County and Lehigh County were violating the U.S. Constitution and Section 701 of the Pennsylvania Election Code by denying persons under the age of 18 who have completed sixth grade the right to vote. Plaintiff’s claims were based on two causes of action: substantive due process, based on an unconstitutional denial of the right to vote, and a Constitutional violation by denying this group of individuals the right to vote without equal protection of the laws. 

On October 19, 2017, the court dismissed the case due to lack of standing because plaintiff did not suffer a real injury. Further, the court found that even if plaintiff had standing, the claims would fail on the merits, as the age requirement for voting in Pennsylvania is codified by statute as age 18, which the court found did not violate due process or equal protection of the rights of minors. 

The case is now closed. 

 

Summary Authors

Alicia Tschirhart (5/15/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6175725/parties/la-rose-v-northampton-county/

Judge(s)
Attorney for Plaintiff
Attorney for Defendant

CAFFREY, THOMAS M. (Pennsylvania)

CONNELL, MATTHEW J. (Pennsylvania)

DENTONE, LAUREN KRISTEN (Pennsylvania)

FREID, JESSICA H. (Pennsylvania)

FREILER, NICOLE (Pennsylvania)

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Documents in the Clearinghouse

Document
1

5:17-cv-04080

Application to Proceed in District Court Without Prepaying Fees or Costs

Sept. 11, 2017

Sept. 11, 2017

Pleading / Motion / Brief
2

5:17-cv-04080

Motion for Summary Judgment; Proposed Statement of Undisputed Facts; Initial Request for Judicial Notice in Support of Motion for Summary Judgment; Brief in Support of Motion for Summary Judgment

Sept. 11, 2017

Sept. 11, 2017

Pleading / Motion / Brief
5

5:17-cv-04080

Verified Complaint for Mandatory Relief

Oct. 19, 2017

Oct. 19, 2017

Complaint
4

5:17-cv-04080

Order

Oct. 19, 2017

Oct. 19, 2017

Order/Opinion

2017 WL 4698042

3

5:17-cv-04080

Memorandum

Oct. 19, 2017

Oct. 19, 2017

Order/Opinion

2017 WL 4770703

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6175725/la-rose-v-northampton-county/

Last updated Aug. 8, 2025, 7:35 a.m.

ECF Number Description Date Link Date / Link
1

APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS FILED BY SVEND LA ROSE. AFFIDAVIT IN SUPPORT OF THE APPLICATION. (Attachments: # 1 Complaint, # 2 Civil Cover Sheet)(mas, ) (Entered: 09/13/2017)

1 Complaint

View on RECAP

2 Civil Cover Sheet

View on RECAP

Sept. 11, 2017

Sept. 11, 2017

Clearinghouse
2

MOTION FOR SUMMARY JUDGMENT; PROPOSED STATEMENT OF UNDISPUTED FACTS FILED BY SVEND LA ROSE. INITIAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT. BRIEF IN SUPPORT. (mas, ) (Entered: 09/13/2017)

Sept. 11, 2017

Sept. 11, 2017

Clearinghouse
3

MEMORANDUM AND/OR OPINION. SIGNED BY CHIEF JUDGE LAWRENCE F. STENGEL ON 10/19/17. 10/19/17 ENTERED AND COPIES MAILED TO PLAINTIFF.(jaa, ) (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

RECAP
4

ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED AND THE COMPLAINT IS DISMISSED FOR THE REASONS STATED IN THE COURT'S MEMORANDUM. THE PLAINTIFF'S CLAIMS ARE DISMISSED WITH PREJUDICE. SIGNED BY CHIEF JUDGE LAWRENCE F. STENGEL ON 10/19/17. 10/19/17 ENTERED AND COPIES MAILED TO PLAINTIFF.(jaa, ) (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

RECAP
5

COMPLAINT against LEHIGH COUNTY, NORTHAMPTON COUNTY filed by SVEND LA ROSE. IFP GRANTED.(jaa, ) (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

RECAP

Case Details

State / Territory: Pennsylvania

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Sept. 11, 2017

Closing Date: Oct. 19, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A write-in-candidate for elected office who proceeded on an in forma pauperis basis.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Northampton County (Northampton), County

Lehigh County (Lehigh), County

Case Details

Causes of Action:

State law

Voting Rights Act, unspecified, 52 U.S.C. § 10301 et seq (previously 42 U.S.C § 1973 et seq.)

Constitutional Clause(s):

Due Process: Substantive Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Amount Defendant Pays: 0

Order Duration: 2017 - 2017

Issues

Voting:

Voter qualifications

Voter registration rules