Filed Date: May 11, 2016
Closed Date: Nov. 7, 2016
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On May 11, 2016, several individuals and an individual trying to be placed on the ballot in New York filed this lawsuit pro se in the U.S. District Court for the Southern District of New York. The plaintiffs sued the New York City Board of Elections, alleging several federal constitutional and statutory violations after the Board declined to place a candidate's name on the ballot for the Democratic primary election scheduled for June 28, 2016. The plaintiffs claimed that the rejection was based on allegations of duplicate petition sheet numbers, despite having submitted valid nomination petitions on March 9, 2016. They asserted violations of their rights under 42 U.S.C. §§ 1983 and 1988, the First and Fourteenth Amendments, the Help America Vote Act (HAVA), and the National Voter Registration Act (NVRA).
The plaintiffs sought injunctive relief to compel the Board of Elections to place the candidate’s name on the ballot, along with a request for monetary damages, attorney’s fees, and court costs. However, they failed to file any request for emergency relief or provide proof of service of the complaint. On June 30, 2016, Judge Jesse M. Furman issued an Order to Show Cause, noting that the primary election date had passed and the case appeared moot. The plaintiffs were instructed to file a response by July 18, 2016, explaining why the case should not be dismissed.
Despite the court’s instructions, no response was received from the plaintiffs. Subsequently, on October 20, 2016, the court issued another order requiring the plaintiffs to explain why they had not served the complaint within the 90-day deadline mandated by Federal Rule of Civil Procedure 4(m). The plaintiffs again failed to respond. As a result, on November 7, 2016, Judge Furman dismissed the case for failure to prosecute and for lack of service, ordering the case closed.
Summary Authors
Jillian Wolf (5/2/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4658494/parties/escoffery-bey-v-new-york-city-board-of-elections/
Edgar, Donald S (New York)
Escoffery, Diane (New York)
Escoffery, Mark (New York)
Escoffery-Bey, Mark (New York)
Edmonds, Elizabeth (New York)
See docket on RECAP: https://www.courtlistener.com/docket/4658494/escoffery-bey-v-new-york-city-board-of-elections/
Last updated May 3, 2025, 12:59 a.m.
State / Territory: New York
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: May 11, 2016
Closing Date: Nov. 7, 2016
Case Ongoing: No
Plaintiffs
Plaintiff Description:
The plaintiffs—Mark Escoffery-Bey, Mark Escoffery, Diane Escoffery, and Maxine Turner—are residents of Bronx County, New York, who supported Mark Escoffery-Bey's candidacy and alleged their voting and constitutional rights were violated when he was excluded from the 2016 Democratic primary ballot.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: Yes
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
New York City Board of Elections (New York), City
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Due Process: Procedural Due Process
Due Process: Substantive Due Process
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Amount Defendant Pays: N/A
Order Duration: 2016 - 2016
Issues
Voting: