Case: Berry III v. Kander

4:16-cv-00508 | U.S. District Court for the Eastern District of Missouri

Filed Date: April 13, 2016

Closed Date: Aug. 22, 2016

Clearinghouse coding complete

Case Summary

This case involved allegations that Missouri Congressional District Map violates Equal Protection Clause of the U.S. Constitution, the Missouri constitution, and the Voting Rights Act and by utilizing race a factor in the construction of Missouri congressional boundaries.  An African American, also a Republican congressional candidate for Missouri Congressional District One seat (the "Plaintiff"), filed suit in the U.S. District Court for the Eastern District of Missouri on April 13, 2016. Defe…

This case involved allegations that Missouri Congressional District Map violates Equal Protection Clause of the U.S. Constitution, the Missouri constitution, and the Voting Rights Act and by utilizing race a factor in the construction of Missouri congressional boundaries. 

An African American, also a Republican congressional candidate for Missouri Congressional District One seat (the "Plaintiff"), filed suit in the U.S. District Court for the Eastern District of Missouri on April 13, 2016. Defendants included the Missouri Secretary of State and the Missouri Attorney General. The case was filed pro se. Plaintiffs cited the First, Fourteenth, and Fifteenth Amendments to the Constitution of the United States of America, Mo. Const. art. III of the Missouri constitution, 45, Section 2 of the Voting Rights Act of 1965, as amended, 42 U.S.C. § 1973.  Plaintiff also cited Bush v. Vera which prohibits unnecessary and excessive governmental use and reinforcement of radical stereotypes in the construction of congressional boundaries. The case was assigned to Judge John A. Ross on April 13, 2016.

The Plaintiff had three key allegations. First, the use of race as the predominant factor with respect to the creation of the Missouri Congressional District One, Missouri Congressional District Two and the entire Missouri Congressional District Map is not narrowly tailored to serve a compelling state interest and violate the Equal Protection Clause of the Fourteenth Amendment. Second, the Missouri Congressional District One, Missouri Congressional District Two and the entire Missouri Congressional District Map are not established as “compact as may be” in violation of Mo. Const. art. III, 45. Third, race was the predominant factor in the creation of Missouri Congressional District One and Missouri Congressional District Two in violation of the Voter Rights Act of 1965. Plaintiff sought injunctive relief (including an ex-parte temporary restraining order) to enjoin Defendants from enforcing or giving effects to the Missouri Congressional District Map, invalidate the Missouri Congressional District Map and draft a new congressional district map on behalf of the State of Missouri. Plaintiffs also sought other reliefs including attorney’s fees and reasonable costs.

On April 26, 2016, the Plaintiff filed a motion for Temporary Restraining Order and a hearing was held on April 29, 2016, regarding the Temporary Restraining Order filed by Plaintiff. On May 2, 2016, the Court denied the motion for Temporary Restraining Order because (i) Plaintiff has presented no evidence for the Court to find a likelihood of success on its claim, (ii) Plaintiff failed to articulate what his injury will be, and (iii) the potential harm to the public outweighs any harm to the Plaintiff. In response to the Court Order, Plaintiff suggested an expedited preliminary injunction schedule order. 

The Plaintiff amended the Complaint on May 9, 2016, to reinforce its argument that the current boundaries of Missouri Congressional District One and Missouri Congressional District Two are constructed with race as a predominant factor. 

A pre-hearing conference and a hearing for preliminary injunction was held on June 2, 2016. On June 7, 2016, the Court ordered that Plaintiffs request for injunctive relief is denied because: (i) Plaintiff is unlikely to succeed on the merits of his claims of racial gerrymandering due to failing to produce any direct or circumstantial evidence, and (ii) the Plaintiff’s assertions may imperil and perhaps permanently delay the important voting procedures, and any risk of harm to Plaintiff’s candidacy is temporary.

Thereafter, Plaintiff did not appear in subsequent proceedings and this action is dismissed without prejudice for failure to prosecute on August 22, 2016.

Summary Authors

LFAA (8/20/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4299935/parties/berry-iii-v-kander/


Judge(s)

Ross, John Andrew (Missouri)

Attorney for Plaintiff

Berry, Paul Berry (Missouri)

Attorney for Defendant

Layton, James R. (Missouri)

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Documents in the Clearinghouse

Document
1

4:16-cv-00508

Complaint for Temporary Restraining Order, Preliminary Injunction, Declaratory Judgment and Permanent Injunction

Berry v. Kander

April 13, 2016

April 13, 2016

Complaint
17

4:16-cv-00508

Memorandum and Order

Berry v. Kander

May 2, 2016

May 2, 2016

Order/Opinion

2016 WL 1746028

27

4:16-cv-00508

Memorandum and Order

Berry v. Kander

June 7, 2016

June 7, 2016

Order/Opinion

191 F.Supp.3d 982

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4299935/berry-iii-v-kander/

Last updated Aug. 20, 2025, 9:05 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against defendant Jason Kander, Chis Koster Non-Jury Demand,, filed by Paul Berry III. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet, # 7 Original Filing Form)(BAK) (Entered: 04/13/2016)

1 Exhibit A

View on RECAP

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Exhibit E

View on PACER

6 Civil Cover Sheet

View on PACER

7 Original Filing Form

View on PACER

April 13, 2016

April 13, 2016

Clearinghouse
2

NOTICE OF PROCESS SERVER by Plaintiff Paul Berry III Process Server: Ricky Gurley (Attachments: # 1 Summons Kander, # 2 Summons Koster)(BAK) (Entered: 04/13/2016)

April 13, 2016

April 13, 2016

PACER

Case Opening Notification

April 13, 2016

April 13, 2016

PACER

Case Opening Notification: 2 Summons(es) issued. The summons were hand delivered to Plaintiff Paul Berry III. Judge Assigned: U.S. District Judge John A. Ross. (BAK)

April 13, 2016

April 13, 2016

PACER

Receipt 4644056535 in the amount of $400.00 for CIVIL FILING FEE on behalf of Paul Berry (CCAM)

April 13, 2016

April 13, 2016

PACER

Receipt

April 14, 2016

April 14, 2016

PACER
3

ENTRY of Appearance by James R. Layton for Defendants Jason Kander, Chis Koster. (Layton, James) (Entered: 04/19/2016)

April 19, 2016

April 19, 2016

PACER
4

SUMMONS Returned Executed filed by Paul Berry III. Chis Koster served on 4/18/2016, answer due 5/9/2016. (KMS) (Entered: 04/19/2016)

April 19, 2016

April 19, 2016

PACER
5

SUMMONS Returned Executed filed by Paul Berry III. Jason Kander served on 4/18/2016, answer due 5/9/2016. (KMS) (Entered: 04/19/2016)

April 19, 2016

April 19, 2016

PACER
6

PLAINTIFF'S PRO SE MOTION TO REQUEST THE APPOINTMENT OF THREE JUDGE COURT by Plaintiff Paul Berry III. (JAB) (Entered: 04/22/2016)

April 22, 2016

April 22, 2016

PACER
7

PLAINTIFF'S PRO SE MOTION FOR EXPEDITED HEARING AND EMERGENCY MOTIONS by Plaintiff Paul Berry III. (JAB) (Entered: 04/22/2016)

April 22, 2016

April 22, 2016

PACER
8

SCHEDULING ORDER: IT IS HEREBY ORDERED that Defendants shall file their response to Plaintiff's Motion to Request the Appointment of Three-Judge Court (Doc. No. 6) and Motion for Expedited Hearing and Emergency Motion (Doc. No. 7) no later than Friday, April 29, 2016. 6 PRO SE MOTION filed by Paul Berry III, 7 MOTION for Hearing filed by Paul Berry III Response to Court due by 4/29/2016.. Signed by District Judge John A. Ross on 4/25/16. (KKS) (Entered: 04/25/2016)

April 25, 2016

April 25, 2016

PACER

Order Receipt

April 25, 2016

April 25, 2016

PACER

ORDER RECEIPT: (see receipt) Docket No: 8. Mailed to party not notified electronically. Mon Apr 25 13:50:18 CDT 2016 (Stamm, Katie)

April 25, 2016

April 25, 2016

PACER
10

RESPONSE to Motion re 7 MOTION for Hearing filed by Defendants Jason Kander, Chis Koster. (Layton, James) (Entered: 04/26/2016)

April 26, 2016

April 26, 2016

PACER
11

MOTION for Temporary Restraining Order by Plaintiff Paul Berry III. (JAB) (Entered: 04/26/2016)

April 26, 2016

April 26, 2016

PACER
12

MEMORANDUM in Support of Motion re 11 MOTION for Temporary Restraining Order filed by Plaintiff Paul Berry III. (Attachments: # 1 Text of Proposed Order)(JAB) (Entered: 04/26/2016)

April 26, 2016

April 26, 2016

PACER
13

ORDER: IT IS HEREBY ORDERED that Plaintiffs Motion for Temporary Restraining Order (Doc. No. 11) is set for hearing on Friday, April 29, 2016 at 10:00 a.m. in Courtroom 16N. At that time the Court will also take up Plaintiffs motion requesting an expedited docketing and hearing schedule. (Doc. No. 7) The parties shall have 90 minutes for argument. Signed by District Judge John A. Ross on 4/26/16. (JAB) (Entered: 04/26/2016)

April 26, 2016

April 26, 2016

PACER
9

RESPONSE to Motion re 6 PRO SE MOTION filed by Defendants Jason Kander, Chis Koster. (Layton, James) (Entered: 04/26/2016)

April 26, 2016

April 26, 2016

PACER

Order Receipt

April 26, 2016

April 26, 2016

PACER

ORDER RECEIPT: (see receipt) Docket No: 13. Mailed to party not set up for electronic notification Tue Apr 26 16:42:34 CDT 2016 (Bernsen, John)

April 26, 2016

April 26, 2016

PACER
14

Docket Text ORDER: The hearing on Plaintiff's Motion for Temporary Restaining Order will take place in Courtroom 12 North. This is a location change only. Signed by District Judge John A. Ross on April 28, 2016. (SAA) (Entered: 04/28/2016)

April 28, 2016

April 28, 2016

PACER

A Docket Text Order

April 28, 2016

April 28, 2016

PACER
15

Minute Entry for proceedings held before District Judge John A. Ross: Motion Hearing held on 4/29/2016 re 11 MOTION for Temporary Restraining Order filed by Paul Berry III, 7 MOTION for Hearing filed by Paul Berry III. Oral Arguments made from both parties. Exhibits admitted. Matter taken under submision. Order to follow. (Court Reporter:Lisa Paczkowski.) (FTR Gold: No.) (JAB) (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

PACER
16

CLERKS Exhibit List as to motion hearing. (JAB) (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

PACER

ORDER RECEIPT: (see receipt) Docket No: 14. Mailed to party not set up for electronic notification Fri Apr 29 11:26:06 CDT 2016 (Bernsen, John)

April 29, 2016

April 29, 2016

PACER

Order Receipt

April 29, 2016

April 29, 2016

PACER
17

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Plaintiffs Motion for Temporary Restraining Order 11 is DENIED. IT IS FURTHER ORDERED that the parties shall each submit a reasonable proposed scheduling plan, keeping in mind the timeline for the 2 016 election, no later than Wednesday, May 4, 2016. IT IS FURTHER ORDERED that in light of the hearing held today and the rulings on the record, Plaintiffs Motion for Expedited Hearing and Emergency Motions 7 is DENIED as moot. 11 MOTION for Temporary Restraining Order filed by Plaintiff Paul Berry III, 7 MOTION for Hearing filed by Plaintiff Paul Berry III ( Response to Court due by 5/4/2016.). Signed by District Judge John A. Ross on 5/2/16. (KKS)

May 2, 2016

May 2, 2016

Clearinghouse

Order Receipt

May 2, 2016

May 2, 2016

PACER

ORDER RECEIPT: (see receipt) Docket No: 17. Mailed to party not notified electronically. Mon May 2 09:59:57 CDT 2016 (Stamm, Katie)

May 2, 2016

May 2, 2016

PACER
18

RESPONSE TO COURT ORDER: Suggested Expedited Preliminary Injunction Schedule Order re 17 Memorandum & Order by Plaintiff Paul Berry III. (Attachments: # 1 Proposed Order)(KKS) (Entered: 05/03/2016)

May 3, 2016

May 3, 2016

PACER
19

RESPONSE TO COURT ORDER re 18 Response to Court Order by Defendants Jason Kander, Chis Koster. (Layton, James) (Entered: 05/04/2016)

May 4, 2016

May 4, 2016

PACER
20

EXPEDITED SCHEDULING ORDER: Discovery Completion due by 5/16/2016. (SEE ORDER FOR FULL DETAILS) IT IS FURTHER ORDERED that this matter is set for a preliminary injunction hearing on Thursday, June 2, 2016 at 10:00 a.m. in Courtroom 12N. A pre-hearing conference will be held at 9:30 a.m. on June 2, 2016 in Courtroom 12N ; Motion Hearing set for 6/2/2016 10:00 AM in Courtroom 12N before District Judge John A. Ross. (NOTE: Because this is an expedited scheduling order, it was also emailed to Paul Berry at ureworldwide@gmail.com). Signed by District Judge John A. Ross on 5/6/16. (KKS) (Entered: 05/06/2016)

May 6, 2016

May 6, 2016

PACER

Order Receipt

May 6, 2016

May 6, 2016

PACER

ORDER RECEIPT: (see receipt) Docket No: 20. Mailed to party not notified electronically. Fri May 6 11:35:43 CDT 2016 (Stamm, Katie)

May 6, 2016

May 6, 2016

PACER
21

AMENDED COMPLAINT against defendant Jason Kander, Chis Koster Amendment to 1 Complaint,, filed by Paul Berry III. (Attachments: # 1 Exhibit A-C)(JAB) (Entered: 05/10/2016)

May 9, 2016

May 9, 2016

PACER
22

ANSWER to 21 Amended Complaint by Jason Kander, Chis Koster.(Layton, James) (Entered: 05/23/2016)

May 23, 2016

May 23, 2016

PACER
23

(Discovery document deleted) Interrogatory Answer List by Defendants Jason Kander, Chis Koster. (Layton, James) Modified on 5/24/2016 (JAB). (Entered: 05/23/2016)

May 23, 2016

May 23, 2016

PACER
24

MEMORANDUM by Defendants Jason Kander, Chis Koster. (Layton, James) (Entered: 06/01/2016)

June 1, 2016

June 1, 2016

PACER
25

Minute Entry for proceedings held before District Judge John A. Ross: Parties present for a pre-hearing conference and for a hearing on a preliminary injunction. No testimony given. The Court granted plaintiff leave to file a hard copy of Exhibit E. The Court heard arguments. Order to issue. (Court Reporter:Lisa Paczkowski.) (FTR Gold: No.) (Proceedings: 9:54-11:49) (KKS) (Entered: 06/02/2016)

June 2, 2016

June 2, 2016

PACER
26

CLERK'S Exhibit List as to Preliminary Injunction Hearing. (KKS) (Entered: 06/02/2016)

June 2, 2016

June 2, 2016

PACER
27

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs request for injunctive relief is DENIED. IT IS FURTHER ORDERED that this matter will be set for a Rule 16 scheduling conference by separate order. Signed by District Judge John A. Ross on 6/7/2016. (KMS)

June 7, 2016

June 7, 2016

Clearinghouse
28

RULE 16 ORDER This case is assigned to Track: 2; Joint Scheduling Plan due by 7/5/2016. Rule 16 Conference set for 7/12/2016 10:00 AM in Chambers before District Judge John A. Ross.. Signed by District Judge John A. Ross on 6/8/16. (KKS) (Entered: 06/08/2016)

June 8, 2016

June 8, 2016

PACER
29

ORDER: For purposes of clarification, the Rule 16 conference scheduled for July 12, 2016 at 10:00 a.m. will be held in Courtroom 12N. Signed by District Judge John A. Ross on 6/8/2016. (KMS) (Entered: 06/08/2016)

June 8, 2016

June 8, 2016

PACER
30

MOTION for Leave to Appear by Phone by Defendants Jason Kander, Chis Koster. (Layton, James) (Entered: 07/01/2016)

July 1, 2016

July 1, 2016

PACER
31

MOTION for Extension of Time to File Joint Proposed Scheduling Plan ;Proposed extension date 07/08/2016 by Defendants Jason Kander, Chis Koster. (Layton, James) (Entered: 07/05/2016)

July 5, 2016

July 5, 2016

PACER
32

Docket Text ORDER: Re: 31 MOTION for Extension of Time to File Joint Proposed Scheduling Plan ;Proposed extension date 07/08/2016 by Defendants Jason Kander, Chis Koster. (Layton, James), 30 MOTION for Leave to Appear by Phone by Defendants Jason Kander, Chis Koster. (Layton, James) ; ORDERED GRANTED, ( Joint Scheduling Plan due by 7/8/2016.) Signed by District Judge John A. Ross on 7/5/16. (JAB) (Entered: 07/06/2016)

July 5, 2016

July 5, 2016

PACER

~Util - Set Deadlines/Hearings AND A Docket Text Order

July 6, 2016

July 6, 2016

PACER
33

JOINT SCHEDULING PLAN by Defendants Jason Kander, Chis Koster. . (Layton, James) (Entered: 07/11/2016)

July 11, 2016

July 11, 2016

PACER
34

Minute Entry for Rule 16 Conference proceedings held before District Judge John A. Ross on 7/12/2016. Deft's attorney, James R. Layton (by phone). Plaintiff failed to show for Rule 16 Conference. The Court reviewed the JSP with defendant's counsel. CMO to issue. The CMO will be mailed and emailed to plaintiff. A status conference will be set under separate order. (Court Reporter:Lisa Paczkowski.) (proceedings 10:11-10:25) (KKS) (Entered: 07/12/2016)

July 12, 2016

July 12, 2016

PACER
35

CASE MANAGEMENT ORDER This case is assigned to Track: 2; ** STATUS HEARING set for 8/2/2016 11:00 AM in Courtroom 12N before District Judge John A. Ross. Motion to Join Parties due by 8/15/2016. Discovery Completion due by 3/1/2017. Dispositive Motions due by 4/1/2017. Jury Trial set for 9/25/2017 09:00 AM in Courtroom 12N before District Judge John A. Ross. Pretrial Conference set for 9/21/2017 01:30 PM in Courtroom 12N before District Judge John A. Ross. (mailed and emailed to plaintiff). Signed by District Judge John A. Ross on 7/12/16. (KKS) (Entered: 07/12/2016)

July 12, 2016

July 12, 2016

PACER
36

Minute Entry for Status Conference proceedings held before District Judge John A. Ross on 8/2/2016. Parties present for what was to be a status conference. Plaintiff did not appear. Defense counsel has not heard from plaintiff since before the last hearing. The Court will issue a Show Cause Order and that order will be mailed and emailed to the plaintiff. (Court Reporter:Lisa Paczkowski) (FTR Gold: No) (KKS) (Entered: 08/02/2016)

Aug. 2, 2016

Aug. 2, 2016

PACER
37

ORDER TO SHOW CAUSE: The Court set this matter for a status conference on August 2, 2016. Counsel for Defendants participated by telephone; Plaintiff did not appear. The Court notes that the Plaintiff also failed to appear at the last conference set by the Court on July 12, 2016.In accordance with the rulings on the record, IT IS HEREBY ORDERED that Plaintiff Paul Berry, III shall, within ten (10) days of the date of this Order and no later than August 12, 2016, show cause in writing why this action should not be dismissed for failure to prosecute. IT IS FURTHER ORDERED that the Clerk of Court is directed to mail a copy of thisOrder to Plaintiff Paul Berry, III at the addresses indicated in the Court's file, namely, 10997 Whitehall Manor Drive, Bridgeton, MO 63044, and ureworldwide@gmail.com. Response to Court due by 8/12/2016. (order mailed at the address listed). Signed by District Judge John A. Ross on 8/2/16. (KKS) (Entered: 08/02/2016)

Aug. 2, 2016

Aug. 2, 2016

PACER
38

ORDER OF DISMISSAL: IT IS HEREBY ORDERED that this action is DISMISSED without prejudice for failure to prosecute. IT IS FURTHER ORDERED that the Clerk of Court is directed to mail a copy of this Order to Plaintiff Paul Berry, III at the addresses indicated in the Courts file, namely, 10997 Whitehall Manor Drive, Bridgeton, MO 63044, and ureworldwide@gmail.com. (Order mailed/emailed). Signed by District Judge John A. Ross on 8/22/16. (KKS) (Entered: 08/22/2016)

Aug. 22, 2016

Aug. 22, 2016

PACER

Case Details

State / Territory: Missouri

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: April 13, 2016

Closing Date: Aug. 22, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An African American, who is also a Republican congressional candidate for Missouri Congressional District One seat

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Missouri (N/A), State

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

State law

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Affected Race(s):

Black

Voting:

Redistricting/district composition

Vote dilution