Case: Key v. City of Augusta

1:17-cv-00007 | U.S. District Court for the District of Maine

Filed Date: Jan. 5, 2017

Closed Date: Sept. 5, 2017

Clearinghouse coding complete

Case Summary

This is a case about a state prisoner's right to vote in the 2016 presidential and state elections. On January 5, 2017, the plaintiff, who was incarcerated at the Main State Prison-Warren, filed this lawsuit in United States District Court, District of Maine. The plaintiff, who argued that he had a valid pre-incarceration street address, alleged that Defendants were negligent in denying his voter registration for a non-existent street address and that departmental practices amounted to discrimi…

This is a case about a state prisoner's right to vote in the 2016 presidential and state elections.

On January 5, 2017, the plaintiff, who was incarcerated at the Main State Prison-Warren, filed this lawsuit in United States District Court, District of Maine. The plaintiff, who argued that he had a valid pre-incarceration street address, alleged that Defendants were negligent in denying his voter registration for a non-existent street address and that departmental practices amounted to discriminatory and prejudicial practices. The plaintiff sued the City of Augusta and its personnel under 42 U.S.C. §1983. The pro se plaintiff sought 1) declaratory judgment that voter discrimination violated the Fifteenth Amendment and constituted voter discrimination under state law, 2) an injunction ordering Defendants to implement policies that prevent voter disenfranchisement, 3) compensatory damages for $75,000 against Defendant personnel and $100,000 against the City of Augusta, 4) punitive damages for $30,000. The case was assigned to Magistrate Judge John C. Nivison. 

On June 28, 2017, the plaintiff filed a motion to dismiss without prejudice for lack of adequate resources and counsel by nature of being in prison. 

On June 30, 2017, the defendants filed an opposition to motion to dismiss on grounds that: 1) the defendants have expended considerable time and resources, 2) the plaintiff has lacked proper diligence, 3) the plaintiff's grounds for dismissal are insufficient, and 4) the defendants' desire to file a motion for summary judgment and desire a ruling on the merits. 

On September 5, 2017, Judge Nivison granted the plaintiff's motion to dismiss without prejudice on grounds that a plaintiff seeking to dismiss a claim is significant and that the defendants have not expended significant time, effort, and resources. The case is now closed.

Summary Authors

LFAA (5/23/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6194854/parties/key-v-city-of-augusta/


Judge(s)

Nivison, John C. (Maine)

Attorney for Plaintiff

KEY, RAISHAWN (Maine)

Attorney for Defendant

FRANCO, MARK V. (Maine)

STEIGELMAN, TIMOTHY E. (Maine)

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Documents in the Clearinghouse

Document
1

1:17-cv-00007

Complaint with Jury Demand

Jan. 5, 2017

Jan. 5, 2017

Complaint
17

1:17-cv-00007

Plaintiff's Motion to Dismiss

June 30, 2017

June 30, 2017

Pleading / Motion / Brief
18

1:17-cv-00007

Defendant's Opposition to Motion to Dismiss

July 21, 2017

July 21, 2017

Pleading / Motion / Brief
22

1:17-cv-00007

Decision and Order on Plaintiff's Motion to Dismiss without Prejudice

Sept. 5, 2017

Sept. 5, 2017

Order/Opinion

2017 WL 3881762

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6194854/key-v-city-of-augusta/

Last updated Aug. 8, 2025, 7:32 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Unsigned) against WILLIAM BRIDGEO, CITY OF AUGUSTA, JOHN DOE 1, JOHN DOE 2, JOHN DOE 3, JOHN DOE 4, ROBERTA FOGG, SUE GOSSELIN with Jury Demand, filed by RAISHAWN KEY. (Service of Process Deadline 4/5/2017)(sfw) (Additional attachment(s) added on 1/6/2017: # 1 Envelope) (sfw). Modified on 1/19/2017 to indicate the Complaint was filed unsigned. (sfw). (Entered: 01/06/2017)

1 Envelope

View on RECAP

Jan. 6, 2017

Jan. 6, 2017

Clearinghouse
2

CIVIL COVER SHEET. (sfw) (Entered: 01/06/2017)

Jan. 6, 2017

Jan. 6, 2017

PACER
3

NOTICE of Pro Se Appearance form filed by RAISHAWN KEY (sfw) (Entered: 01/06/2017)

Jan. 6, 2017

Jan. 6, 2017

PACER
4

MOTION for Leave to Proceed in forma pauperis by RAISHAWN KEY (Attachments: # 1 Trust Account Certificate)(sfw) (Entered: 01/06/2017)

Jan. 6, 2017

Jan. 6, 2017

PACER
5

MOTION to Appoint Counsel by RAISHAWN KEY (sfw) (Entered: 01/06/2017)

Jan. 6, 2017

Jan. 6, 2017

PACER
6

ORDER granting 4 Motion for Leave to Proceed in forma pauperis. Plaintiff's intent to proceed due 1/30/17. By MAGISTRATE JUDGE JOHN C. NIVISON. (CWP) (Entered: 01/09/2017)

Jan. 9, 2017

Jan. 9, 2017

PACER

set Deadlines : Prisoner Intent to Proceed Deadline 1/30/2017. (CWP)

Jan. 9, 2017

Jan. 9, 2017

PACER
7

ORDER ON MOTION TO APPOINT COUNSEL denying 5 Motion to Appoint Counsel By MAGISTRATE JUDGE JOHN C. NIVISON. (nrg) (Entered: 01/13/2017)

Jan. 13, 2017

Jan. 13, 2017

PACER
8

INDICATION by Prisoner RAISHAWN KEY of Intent to Proceed; Prison Business Office notified. (Attachments: # 1 Envelope)(jwr) (Entered: 01/24/2017)

Jan. 24, 2017

Jan. 24, 2017

PACER
9

LETTER to prison business office re: collection of fees. (jwr) (Entered: 01/24/2017)

Jan. 24, 2017

Jan. 24, 2017

PACER
10

ORDER FOR SERVICE: The plaintiff is directed to provide the full name(s) and address(es) for the defendant(s). After the plaintiff has done so, the Clerk is directed to prepare the necessary documents for service by the U.S. Marshal. The U.S. Marshal may attempt service by waivers in the first instance. If no waiver(s) is/are timely returned, the Clerk is directed to prepare summons(es) for service in hand by the U.S. Marshal. By MAGISTRATE JUDGE JOHN C. NIVISON. (jwr) (Entered: 02/15/2017)

Feb. 15, 2017

Feb. 15, 2017

PACER

USM Service Form 285 and appropriate Service Documents (waivers) completed and given to the U.S. Marshal Service along with a copy of the Complaint and Order Directing Service. (jwr)

Feb. 15, 2017

Feb. 15, 2017

PACER
11

LETTER by RAISHAWN KEY with Defendant addresses. (Attachments: # 1 Envelope)(jwr) (Entered: 02/24/2017)

Feb. 24, 2017

Feb. 24, 2017

PACER
12

WAIVERS OF SERVICE Returned Executed: WILLIAM BRIDGEO waiver sent on 2/23/2017; CITY OF AUGUSTA waiver sent on 2/23/2017; ROBERTA FOGG waiver sent on 2/23/2017; SUE GOSSELIN waiver sent on 2/23/2017.Answer due by 4/24/2017. (Attachments: # 1 Waiver- William Bridgeo, # 2 Waiver-Roberta Fogg, # 3 Waiver- City of Augusta) (jgd) (Entered: 02/24/2017)

Feb. 24, 2017

Feb. 24, 2017

PACER
13

ANSWER to 1 Complaint, With Affirmative Defenses by WILLIAM BRIDGEO, CITY OF AUGUSTA, JOHN DOE 1, JOHN DOE 2, JOHN DOE 3, JOHN DOE 4, ROBERTA FOGG, SUE GOSSELIN.(FRANCO, MARK) (Entered: 04/04/2017)

April 4, 2017

April 4, 2017

PACER
14

SCHEDULING ORDER: Discovery due by 8/23/2017. Motions due by 9/13/2017. Ready for Trial on 11/7/2017. By MAGISTRATE JUDGE JOHN C. NIVISON. (CWP) (Entered: 04/05/2017)

April 5, 2017

April 5, 2017

PACER
15

CONSENT to Jurisdiction by US Magistrate Judge by WILLIAM BRIDGEO, CITY OF AUGUSTA, JOHN DOE 1, JOHN DOE 2, JOHN DOE 3, JOHN DOE 4, ROBERTA FOGG, SUE GOSSELIN. (STEIGELMAN, TIMOTHY) (Entered: 04/25/2017)

April 25, 2017

April 25, 2017

PACER
16

CERTIFICATE OF SERVICE RE: 15 Consent to Jurisdiction by US Magistrate Judge by WILLIAM BRIDGEO, CITY OF AUGUSTA, JOHN DOE 1, JOHN DOE 2, JOHN DOE 3, JOHN DOE 4, ROBERTA FOGG, SUE GOSSELIN (STEIGELMAN, TIMOTHY) Modified on 4/26/2017 to clean up docket text (akr). (Entered: 04/25/2017)

April 25, 2017

April 25, 2017

PACER

Case Reassigned to MAGISTRATE JUDGE JOHN C. NIVISON. JUDGE JON D. LEVY no longer assigned to the case. (akr)

April 25, 2017

April 25, 2017

PACER

Case Reassigned to MAGISTRATE JUDGE JOHN C. NIVISON. JUDGE JON D. LEVY no longer assigned to the case. (akr)

April 26, 2017

April 26, 2017

PACER
17

MOTION to Dismiss Without Prejudice by RAISHAWN KEY Responses due by 7/21/2017. (Attachments: # 1 Envelope)(mtm) (Entered: 06/30/2017)

1 Envelope

View on RECAP

June 30, 2017

June 30, 2017

Clearinghouse
18

RESPONSE in Opposition re 17 MOTION to Dismiss filed by WILLIAM BRIDGEO, CITY OF AUGUSTA, JOHN DOE 1, JOHN DOE 2, JOHN DOE 3, JOHN DOE 4, ROBERTA FOGG, SUE GOSSELIN. Reply due by 8/4/2017. (Attachments: # 1 Exhibit Plaintiff's Response to Defendants' First Discovery Requests, # 2 Exhibit Plaintiff's First Consolidated Discovery Requests, # 3 Exhibit Transmittal letter dated June 9, 2017 from defense counsel to Plaintiff, # 4 Exhibit Transmittal letter dated June 20, 2017 from defense counsel to Plaintiff, # 5 Exhibit Defendants 79 (excerpt of City of Augusta street listing, # 6 Exhibit Defendants Responses to Plaintiffs Requests for Interrogatories, # 7 Exhibit Voter Registration Application (redacted))(STEIGELMAN, TIMOTHY) (Entered: 07/21/2017)

1 Exhibit Plaintiff's Response to Defendants' First Discovery Requests

View on RECAP

2 Exhibit Plaintiff's First Consolidated Discovery Requests

View on RECAP

3 Exhibit Transmittal letter dated June 9, 2017 from defense counsel to Plaintiff

View on RECAP

4 Exhibit Transmittal letter dated June 20, 2017 from defense counsel to Plaintiff

View on RECAP

5 Exhibit Defendants 79 (excerpt of City of Augusta street listing

View on RECAP

6 Exhibit Defendants Responses to Plaintiffs Requests for Interrogatories

View on RECAP

7 Exhibit Voter Registration Application (redacted)

View on RECAP

July 21, 2017

July 21, 2017

Clearinghouse
19

REPLY to Response to Motion re 17 MOTION to Dismiss filed by RAISHAWN KEY. (Attachments: # 1 Envelope)(jwr) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

PACER
20

**FILED IN ERROR* REPORT AND RECOMMENDED DECISION re 17 MOTION to Dismiss filed by RAISHAWN KEY. Objections to R&R due by 9/19/2017 By MAGISTRATE JUDGE JOHN C. NIVISON. (CWP) Modified on 9/5/2017 to indicate error (mlm).

Sept. 5, 2017

Sept. 5, 2017

RECAP
21

NOTICE of Docket Entry Modification regarding 20 REPORT AND RECOMMENDED DECISION: This document was incorrectly entered on the docket as a Report and Recommended Decision. The entry has been marked FILED IN ERROR and will be re-FILED as DECISION AND ORDER. (mlm) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

PACER
22

DECISION AND ORDER granting without prejudice 17 Motion to Dismiss. By MAGISTRATE JUDGE JOHN C. NIVISON. (CWP)

Sept. 5, 2017

Sept. 5, 2017

RECAP
23

JUDGMENT It is hereby ORDERED that any motion for attorney's fees shall be filed within the time specified in Local Rule 54.2 of this Court. By MAGISTRATE JUDGE JOHN C. NIVISON. (mtm) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

PACER

Case Details

State / Territory: Maine

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Jan. 5, 2017

Closing Date: Sept. 5, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An individual incarcerated in Maine State Prison-Warren who registered to vote but was denied.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Augusta (Augusta, Kennebec), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Fifteenth Amendment

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

Voting:

Voter qualifications

Voter registration rules

Voting: General & Misc.