Case: Simpson v. Garrett

2:16-cv-13784 | U.S. District Court for the Eastern District of Michigan

Filed Date: Oct. 24, 2016

Closed Date: Dec. 28, 2016

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Case Summary

This is a case alleging that a candidate for a Board of Education position in Detroit, Michigan was improperly added to the ballot. On October 24, 2016, a candidate for the Detroit Community School District Board of Education filed this suit in the Eastern District of Michigan against the Wayne County Election Commission, Wayne County Board of Canvassers, City of Detroit Election Inspectors, Wayne County Clerk, and Detroit City Clerk. Plaintiff claimed she was denied equal protection and due p…

This is a case alleging that a candidate for a Board of Education position in Detroit, Michigan was improperly added to the ballot.

On October 24, 2016, a candidate for the Detroit Community School District Board of Education filed this suit in the Eastern District of Michigan against the Wayne County Election Commission, Wayne County Board of Canvassers, City of Detroit Election Inspectors, Wayne County Clerk, and Detroit City Clerk. Plaintiff claimed she was denied equal protection and due process of law due to the Defendants’ decision to allow another candidate on the ballot for Board of Education, despite not meeting the requirement for appearing on ballot in a general election according to state law M.C.L. § 168.689. Plaintiff sought declaratory and injunctive relief to preliminarily or permanently prevent the defendants from counting or certifying any votes for the other candidate. This case was brought by plaintiff after a previous case, Bailer v. Detroit City Clerk, was concluded that alleged similar facts under which a court found that the other candidate was entitled to be placed on the ballot.

On the same day, plaintiff filed a motion for temporary restraining order or motion for preliminary injunction.

On November 7, 2016, defendants filed a motion to dismiss plaintiff’s claims. They argued there was no cognizable interest in the plaintiff’s claims and that the courts should uphold previous decisions made in a previous case, Bailer v. Detroit City Clerk, as plaintiff was seeking the same, unawarded, result.

On December 28, 2016, District Judge Arthur J. Tarnow denied plaintiff’s request for a temporary restraining order and granted the defendants’ motion to dismiss on the grounds that plaintiff had no recognizable interest and the court was obligated to uphold previous decisions (Res Judicata).

The case is now closed.

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Summary Authors

Elliot Letts (7/23/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5488973/parties/simpson-v-garrett/

Judge(s)

Attorney for Plaintiff

Davis, Hugh M. (Michigan)

Fancher, Mark P. (Michigan)

Goodman, William H. (Michigan)

Heenan, Cynthia (Michigan)

Attorney for Defendant

Anderson-Davis, Janet (Michigan)

Judge(s)

Tarnow, Arthur J. (Michigan)

Attorney for Plaintiff

Davis, Hugh M. (Michigan)

Fancher, Mark P. (Michigan)

Goodman, William H. (Michigan)

Heenan, Cynthia (Michigan)

Hurwitz, Julie H. (Michigan)

Klaus, Nicholas H. (Michigan)

Mack, Richard G. (Michigan)

Paris, Anthony D. (Michigan)

Paterson, Andrew A. (Michigan)

Philo, John C. (Michigan)

Sanders, Herbert A. (Michigan)

Schwarz, Ghita (Michigan)

Attorney for Defendant

Anderson-Davis, Janet (Michigan)

Jarrett, Harnetha B. (Michigan)

Kavanagh, Kevin P. (Michigan)

Noseda, James D. (Michigan)

Raimi, Charles N. (Michigan)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 2:16-cv-13784	Verified Complaint for Declaratory Judgment and Injunctive Relief	Oct. 24, 2016	Oct. 24, 2016 Complaint
7 2:16-cv-13784	County Defendants' Response to Plaintiff's Ex Parte Motion for TRO and or Preliminary Injunction	Nov. 2, 2016	Nov. 2, 2016 Pleading / Motion / Brief
9 2:16-cv-13784	County Defendants' Motion to Dismiss Verified Complaint and Declaratory Judgment and Injunctive Relief	Nov. 7, 2016	Nov. 7, 2016 Pleading / Motion / Brief
8 2:16-cv-13784	Plaintiff's Reply to County Defendants' Response to Motion for TRO, or in the Alternative, Preliminary Injunction	Nov. 7, 2016	Nov. 7, 2016 Pleading / Motion / Brief
10 2:16-cv-13784	Plaintiff's Emergency Motion for Expedited Decision on Motion for TRO, or in the Alternative, Motion for PI	Nov. 10, 2016	Nov. 10, 2016 Pleading / Motion / Brief
11 2:16-cv-13784	County Defendants' Response to Motion to Expedite Decision/Hearing on Motion for TRO, or in the Alternative, Motion for PI	Nov. 10, 2016	Nov. 10, 2016 Pleading / Motion / Brief
13 2:16-cv-13784	Judgment	Dec. 28, 2016	Dec. 28, 2016 Order/Opinion
12 2:16-cv-13784	Opinion and Order Denying Plaintiff's Motion for TRO; Granting Defendant's Motion to Dismiss; and Sua Sponte Dismissing Janice Winfrey and City of Detroit Election Inspectors	Dec. 28, 2016	Dec. 28, 2016 Order/Opinion 2016 WL 7453763

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5488973/simpson-v-garrett/

Last updated Aug. 8, 2025, 7:26 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT filed by All Plaintiffs against All Defendants. Plaintiff requests summons issued. Receipt No: 0645-5929522 - Fee: $ 400. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: Wayne. [Previously dismissed case: U.S. District Court Eastern District of Michigan, 16-13545, Judge Judge Arthur J. Tarnow] [Possible companion case(s): None] (Attachments: # 1 Exhibit Exhibit A- Plaintiff Simpson's Affidavit, # 2 Exhibit Exhibit B- Plaintiff Simpson's Affidavit of Identity to Qualify as Candidate, # 3 Exhibit Exhibit C- Agenda from Wayne Co Election Commission's Sept. 13, 2016 Meeting, # 4 Exhibit Exhibit D- Minutes from Wayne Co Election Commission's Sept 13, 2106 Meeting, # 5 Exhibit Exhibit E- Determination Letter Regarding Challenge to Penelope Bailer, # 6 Exhibit Exhibit F- Chief Judge Robert Colombo's Sept 16, 2016 Order in Bailer Election Matter, # 7 Exhibit Exhibit G- Delphine Oden's Affidavit, # 8 Exhibit Exhibit H- Penelope Bailer's Affidavit of Identity to qualify as Candidate, # 9 Exhibit Exhibit I- Berry v Garrett, Published Michigan Court of Appeals' Opinion) (Paterson, Andrew) (Entered: 10/24/2016) 1 Exhibit Exhibit A- Plaintiff Simpson's Affidavit View on PACER 2 Exhibit Exhibit B- Plaintiff Simpson's Affidavit of Identity to Qualify as View on PACER 3 Exhibit Exhibit C- Agenda from Wayne Co Election Commission's Sept. 13, 201 View on PACER 4 Exhibit Exhibit D- Minutes from Wayne Co Election Commission's Sept 13, 210 View on PACER 5 Exhibit Exhibit E- Determination Letter Regarding Challenge to Penelope Bailer View on PACER 6 Exhibit Exhibit F- Chief Judge Robert Colombo's Sept 16, 2016 Order in Bail View on PACER 7 Exhibit Exhibit G- Delphine Oden's Affidavit View on PACER 8 Exhibit Exhibit H- Penelope Bailer's Affidavit of Identity to qualify as Ca View on PACER 9 Exhibit Exhibit I- Berry v Garrett, Published Michigan Court of Appeals' Op View on PACER	Oct. 24, 2016	Oct. 24, 2016 Clearinghouse
2	Emergency MOTION for Temporary Restraining Order or in the Alternative, Motion for Preliminary Injunction by Tawanna Simpson. (Attachments: # 1 Exhibit Exhibit A- Simpson Affidavit, # 2 Exhibit Exhibit B- Simpson's Affidavit of Identity to Qualify as Candidate, # 3 Exhibit Exhibit C- Agenda from Wayne County Election Commission's Sept. 13, 2016 Meeting, # 4 Exhibit Exhibit D- Minutes from Wayne County Election Commission's Sept. 13, 2016 Meeting, # 5 Exhibit Exhibit E- Determination Letter regarding Legal Challenge to Penelope Bailer, # 6 Exhibit Exhibit F- Chief Judge Colombo's Sept 16, 2016 Order Bailer Election Matter, # 7 Exhibit Exhibit G- Delphine Oden's Affidavit, # 8 Exhibit Penelope Bailer's Affidavit of Identity to Qualify as Candidate, # 9 Exhibit Exhibit I- Berry v Garrett, Published Michigan Court of Appeals' Opinion) (Paterson, Andrew) (Entered: 10/24/2016) 1 Exhibit Exhibit A- Simpson Affidavit View on PACER 2 Exhibit Exhibit B- Simpson's Affidavit of Identity to Qualify as Candidate View on PACER 3 Exhibit Exhibit C- Agenda from Wayne County Election Commission's Sept. 13, View on PACER 4 Exhibit Exhibit D- Minutes from Wayne County Election Commission's Sept. 13 View on PACER 5 Exhibit Exhibit E- Determination Letter regarding Legal Challenge to Penelope Ba View on PACER 6 Exhibit Exhibit F- Chief Judge Colombo's Sept 16, 2016 Order Bailer Electio View on PACER 7 Exhibit Exhibit G- Delphine Oden's Affidavit View on PACER 8 Exhibit Penelope Bailer's Affidavit of Identity to Qualify as Candidate View on PACER 9 Exhibit Exhibit I- Berry v Garrett, Published Michigan Court of Appeals' Op View on PACER	Oct. 24, 2016	Oct. 24, 2016 PACER
3	SUMMONS Issued for * All Defendants * (DWor) (Entered: 10/25/2016)	Oct. 25, 2016	Oct. 25, 2016 PACER
	Notice to Parties of Consent of a Civil Action before a Magistrate Judge Option	Oct. 25, 2016	Oct. 25, 2016 PACER
4	CERTIFICATE of Service/Summons Returned Executed. All Defendants. (Paterson, Andrew) (Entered: 10/25/2016)	Oct. 25, 2016	Oct. 25, 2016 PACER
5	NOTICE of Appearance by Janet Anderson-Davis on behalf of Cathy M. Garrett, Wayne County Board of Canvassers, Wayne County Election Commission. (Anderson-Davis, Janet) (Entered: 10/26/2016)	Oct. 26, 2016	Oct. 26, 2016 PACER
6	NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 10/27/2016 02:00 PM before District Judge Arthur J. Tarnow. (MLan) (Entered: 10/27/2016)	Oct. 27, 2016	Oct. 27, 2016 PACER
7	RESPONSE to 2 Emergency MOTION for Temporary Restraining Order or in the Alternative, Motion for Preliminary Injunction filed by Cathy M. Garrett, Wayne County Board of Canvassers, Wayne County Election Commission. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T) (Anderson-Davis, Janet) (Entered: 11/02/2016) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP 3 Exhibit C View on RECAP 4 Exhibit D View on RECAP 5 Exhibit E View on RECAP 6 Exhibit F View on RECAP 7 Exhibit G View on RECAP 8 Exhibit H View on RECAP 9 Exhibit I View on RECAP 10 Exhibit J View on PACER 11 Exhibit K View on PACER 12 Exhibit L View on PACER 13 Exhibit M View on PACER 14 Exhibit N View on PACER 15 Exhibit O View on PACER 16 Exhibit P View on PACER 17 Exhibit Q View on PACER 18 Exhibit R View on PACER 19 Exhibit S View on PACER 20 Exhibit T View on PACER	Nov. 2, 2016	Nov. 2, 2016 Clearinghouse
8	REPLY to Response re 2 Emergency MOTION for Temporary Restraining Order or in the Alternative, Motion for Preliminary Injunction Reply to County Defendants' Response filed by Tawanna Simpson. (Paterson, Andrew) (Entered: 11/07/2016)	Nov. 7, 2016	Nov. 7, 2016 Clearinghouse
9	MOTION to Dismiss COUNTY DEFENDANTS MOTION TO DISMISS VERIFIED COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF (DKT 1) AND BRIEF IN SUPPORT by Cathy M. Garrett, Wayne County Board of Canvassers, Wayne County Election Commission. (Attachments: # 1 Exhibit) (Anderson-Davis, Janet) (Entered: 11/07/2016) 1 Exhibit View on PACER	Nov. 7, 2016	Nov. 7, 2016 Clearinghouse
10	Emergency MOTION to Expedite Decision/Hearing On Motion for Preliminary Injunction Against Wayne Co Board of Canvassers by Tawanna Simpson. (Paterson, Andrew) (Entered: 11/10/2016)	Nov. 10, 2016	Nov. 10, 2016 Clearinghouse
11	RESPONSE to 10 Emergency MOTION to Expedite Decision/Hearing On Motion for Preliminary Injunction Against Wayne Co Board of Canvassers filed by Cathy M. Garrett, Wayne County Board of Canvassers, Wayne County Election Commission. (Anderson-Davis, Janet) (Entered: 11/10/2016)	Nov. 10, 2016	Nov. 10, 2016 Clearinghouse
12	ORDER denying 2 Motion for TRO; granting 9 Motion to Dismiss; denying as moot 10 Motion to Expedite. Signed by District Judge Arthur J. Tarnow. (MLan)	Dec. 28, 2016	Dec. 28, 2016 RECAP
13	JUDGMENT in favor of Defendants against Plaintiff. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 12/28/2016)	Dec. 28, 2016	Dec. 28, 2016 RECAP