Case: American Civil Rights Union v. Philadelphia City Commissioner

2:16-cv-01507 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: April 4, 2016

Closed Date: Oct. 17, 2017

Clearinghouse coding complete

Case Summary

This is a case about whether incarcerated individuals should be considered residents in a city's voter registration record.  On April 4, 2016, the American Civil Rights Union filed suit against the Commissioners of the City of Philadelphia in April of 2016 after providing notice that the number of voters registered in the City was improbably high given the number of residents based on recent data. Specifically, plaintiff took issue with defendants' inclusion of incarcerated individuals on the v…

This is a case about whether incarcerated individuals should be considered residents in a city's voter registration record. 

On April 4, 2016, the American Civil Rights Union filed suit against the Commissioners of the City of Philadelphia in April of 2016 after providing notice that the number of voters registered in the City was improbably high given the number of residents based on recent data. Specifically, plaintiff took issue with defendants' inclusion of incarcerated individuals on the voter registration. This suit was filed in the Eastern District of Pennsylvania. Plaintiff alleged that defendants’ failure to allow plaintiff to inspect election records and determine the accuracy of voter registration numbers was a violation of Section 8 of the National Voting Rights Act (NVRA). Plaintiff sought declaratory and injunctive relief requiring defendant to permit plaintiff to publicly inspect the records. 

On April 18, 2018, defendants filed a motion to dismiss for failure to state a claim, failure to join a party, and lack of jurisdiction. 

On July 20, 2016, plaintiff filed a motion for preliminary injunction. 

On July 21, 2016, plaintiff filed its first amended complaint after the motion to dismiss to contest the inclusion of currently incarcerated felons in the City's voter rolls. 

On August 8, 2018, defendants filed another motion to dismiss for failure to state a claim and lack of jurisdiction. 

On September 9, 2016, the court granted the motion to dismiss, and dismissed as moot the plaintiff’s motion for preliminary injunction. The court found that currently incarcerated felons did not need to be removed from voter rolls so long as they were registered before incarceration if such removal was not required by state law even though states are allowed to make laws regarding such removal under federal law.

On October 6, 2016, plaintiff filed a notice of appeal to the Court of Appeals for the Third Circuit (Docket No. 16-3811). The court affirmed the District Court’s decision on October 17, 2017. 

The case is now closed. 

Summary Authors

Sebastian Bacon (9/5/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4372167/parties/american-civil-rights-union-v-philadelphia-city-commissioners/


Judge(s)

Jones, C. Darnell (Pennsylvania)

Attorney for Plaintiff

ADAMS, JOHN CHRISTIAN (Pennsylvania)

KERNS, LINDA A. (Pennsylvania)

Attorney for Defendant

BRAY, KRISTIN K. (Pennsylvania)

FIELD, BENJAMIN H. (Pennsylvania)

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Documents in the Clearinghouse

Document
1

2:16-cv-01507

Complaint

American Civil Rights Union v. Philadelphia City Commissioners

April 4, 2016

April 4, 2016

Complaint
2

2:16-cv-01507

Order

American Civil Rights Union v. Philadelphia City Commissioners

April 7, 2016

April 7, 2016

Order/Opinion
5

2:16-cv-01507

DEFENDANT CITY OF PHILADELPHIA’S MOTION TO DISMISS COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(1), 12(b)(6), and 12(b)(7)

American Civil Rights Union v. Philadelphia City Commissioners

April 28, 2016

April 28, 2016

Pleading / Motion / Brief
9

2:16-cv-01507

Response in Opposition to Defendant's Motion to Dismiss

American Civil Rights Union v. Philadelphia City Commissioners

May 12, 2016

May 12, 2016

Pleading / Motion / Brief
12

2:16-cv-01507

Motion to Compel Defendants to Confer Under Fed. R. Civ. P. 26(F)

American Civil Rights Union v. Philadelphia City Commissioners

July 11, 2016

July 11, 2016

Pleading / Motion / Brief
14

2:16-cv-01507

Plaintiff ACRU'S Motion for Preliminary Injunction

American Civil Rights Union v. Philadelphia City Commissioners

July 20, 2016

July 20, 2016

Pleading / Motion / Brief
15

2:16-cv-01507

Order

American Civil Rights Union v. Philadelphia City Commissioners

July 21, 2016

July 21, 2016

Order/Opinion
16

2:16-cv-01507

First Amended Verified Complaint

American Civil Rights Union v. Philadelphia City Commissioners

July 21, 2016

July 21, 2016

Complaint
21

2:16-cv-01507

Order

American Civil Rights Union v. Philadelphia City Commissioners

Aug. 5, 2016

Aug. 5, 2016

Order/Opinion
26

2:16-cv-01507

Order

American Civil Rights Union v. Philadelphia City Commissioners

Aug. 24, 2016

Aug. 24, 2016

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4372167/american-civil-rights-union-v-philadelphia-city-commissioners/

Last updated Jan. 30, 2025, 2:46 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against PHILADELPHIA CITY COMMISSIONERS ( Filing fee $ 400 receipt number 138087.), filed by AMERICAN CIVIL RIGHTS UNION. (Attachments: # 1 Civil Cover Sheet)(ka, ) (Entered: 04/05/2016)

1 Civil Cover Sheet

View on RECAP

April 4, 2016

April 4, 2016

Clearinghouse

DEMAND for Trial by Jury by AMERICAN CIVIL RIGHTS UNION. (ka, )

April 4, 2016

April 4, 2016

PACER

Summons Issued as to PHILADELPHIA CITY COMMISSIONERS. One Forwarded To: Counsel on 4/5/16 (ka, )

April 4, 2016

April 4, 2016

PACER

Summons Issued

April 5, 2016

April 5, 2016

PACER

Jury Demand

April 5, 2016

April 5, 2016

PACER
2

First MOTION for Pro Hac Vice of John Christian Adams filed by AMERICAN CIVIL RIGHTS UNION.Pro Hac Vice Application.(KERNS, LINDA) (Entered: 04/07/2016)

April 7, 2016

April 7, 2016

Clearinghouse
3

SUMMONS Returned Executed by AMERICAN CIVIL RIGHTS UNION re: Time Cycle Courier Service served Summons and Complaint upon All Defendants by Personal. All Defendants. (KERNS, LINDA) (Entered: 04/08/2016)

April 8, 2016

April 8, 2016

PACER
4

MOTION for Pro Hac Vice of Kaylan L. Phillips filed by AMERICAN CIVIL RIGHTS UNION.Certificate of Service.(KERNS, LINDA) (Entered: 04/25/2016)

April 25, 2016

April 25, 2016

PACER
5

First MOTION to Dismiss for Lack of Jurisdiction, Failure to State a Claim, and Failure to Join a Party filed by PHILADELPHIA CITY COMMISSIONERS.Memoraundum, Certificate of Service, Affidavit. (Attachments: # 1 Exhibit Exhibits 1-3)(BRAY, KRISTIN) (Entered: 04/28/2016)

1 Exhibit Exhibits 1-3

View on RECAP

April 28, 2016

April 28, 2016

Clearinghouse
6

ORDER THAT PLAINTIFF'S FIRST MOTION FOR PRO HAC VICE OF JOHN CHRISTIAN ADAMS AND PLAINTIFF'S MOTION FOR PRO HAC VICE OF KAYLAN L. PHILLIPS ARE DENIED WITHOUT PREJUDICE; ETC.. SIGNED BY HONORABLE C. DARNELL JONES, II ON 4/28/16. 4/29/16 ENTERED AND E-MAILED.(jl, ) (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

PACER
7

MOTION for Pro Hac Vice of John Christian Adams filed by AMERICAN CIVIL RIGHTS UNION.Certificate of Service.(KERNS, LINDA) Modified on 5/2/2016 (jl, ). (PPE139616 $40.00) (Entered: 05/02/2016)

May 2, 2016

May 2, 2016

PACER
8

MOTION for Pro Hac Vice of Kaylan L. Phillips filed by AMERICAN CIVIL RIGHTS UNION.Certificate of Service.(KERNS, LINDA) Modified on 5/2/2016 (jl, ). (PPE139616 $40.00) (Entered: 05/02/2016)

May 2, 2016

May 2, 2016

PACER
9

RESPONSE in Opposition re 5 First MOTION to Dismiss for Lack of Jurisdiction, Failure to State a Claim, and Failure to Join a Party filed by AMERICAN CIVIL RIGHTS UNION. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B)(KERNS, LINDA) (Entered: 05/12/2016)

1 Text of Proposed Order Proposed Order

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2 Exhibit Exhibit A

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3 Exhibit Exhibit B

View on PACER

May 12, 2016

May 12, 2016

Clearinghouse
10

ORDER THAT THE APPLICATION OF JOHN CHRISTIAN ADAMS TO APPEAR PRO HAC VICE IS GRANTED; ETC.. SIGNED BY HONORABLE C. DARNELL JONES, II ON 5/20/16. 5/20/16 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 05/20/2016)

May 20, 2016

May 20, 2016

PACER
11

ORDER THAT THE APPLICATION OF KAYLAN L. PHILLIPS TO APPEAR PRO HAC VICE IS GRANTED; ETC.. SIGNED BY HONORABLE C. DARNELL JONES, II ON 5/20/16. 5/20/16 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 05/20/2016)

May 20, 2016

May 20, 2016

PACER
12

First MOTION to Compel Defendants to Confer Under Fed.R.Civ.P. 26(F) filed by AMERICAN CIVIL RIGHTS UNION.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum Memorandum Supporting Plaintiff's Motion to Compel, # 2 Exhibit Exhibit, # 3 Exhibit Exhibit)(KERNS, LINDA) (Entered: 07/11/2016)

1 Memorandum Memorandum Supporting Plaintiff's Motion to Compel

View on RECAP

2 Exhibit Exhibit

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3 Exhibit Exhibit

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July 11, 2016

July 11, 2016

Clearinghouse
13

First MOTION to Amend/Correct 1 Complaint against Philadelphia City Commissioners filed by AMERICAN CIVIL RIGHTS UNION.2:16-cv-01507. (Attachments: # 1 Text of Proposed Order Proposed Order on Plaintiff's Motion for Leave to File First Amended Complaint, # 2 Complaint First Amended Verified Complaint and Exhibits)(KERNS, LINDA) (Entered: 07/20/2016)

1 Text of Proposed Order Proposed Order on Plaintiff's Motion for Leave to Fi

View on PACER

2 Complaint First Amended Verified Complaint and Exhibits

View on PACER

July 20, 2016

July 20, 2016

PACER
14

First MOTION for Preliminary Injunction against Philadelphia City Commissioners filed by AMERICAN CIVIL RIGHTS UNION.Memorandum, Certificate of Service. (Attachments: # 1 Text of Proposed Order Proposed Order on Plaintiff's Motion for Preliminary Injunction)(KERNS, LINDA) (Entered: 07/20/2016)

1 Text of Proposed Order Proposed Order on Plaintiff's Motion for Preliminary

View on RECAP

July 20, 2016

July 20, 2016

Clearinghouse
15

ORDER THAT PLAINTIFF'S FIRST MOTION TO AMEND/CORRECT COMPLAINT 13, IS GRANTED; DEFENDANT SHALL FILE A RESPONSIVE PLEADING IN ACCORDANCE WITH THE TIME PROVIDED BY FED.R.CIV.P. 12(a)(1), AS EXTENDED BY FED.R.CIV.P. 6(d). DEFENDANT'S MOTION TO DISMISS, 5, IS DENIED AS MOOT; PLAINTIFF'S MOTION TO COMPEL, 12, IS DENIED AS MOOT; FUTHER, UPON CONSIDERATION OF PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION 14, PLAINTIFF IS HEREBY ORDERED TO SHOW CAUSE AS TO WHY PLAINTIFF'S MOTION SHOULD NOT BE STRICKEN AND WHY SANCTIONS SHOULD NOT ISSUE WITHIN FOURTEEN (14) DAYS OF THIS ORDER, NO LATER THAN 8/4/2016. SIGNED BY HONORABLE C. DARNELL JONES, II ON 7/21/16. 7/22/16 ENTERED AND COPIES E-MAILED.(ti, ) (Entered: 07/22/2016)

July 21, 2016

July 21, 2016

Clearinghouse
16

FIRST VERIFIED AMENDED COMPLAINT against PHILADELPHIA CITY COMMISSIONERS, filed by AMERICAN CIVIL RIGHTS UNION.(jl, ) (Entered: 08/02/2016)

July 21, 2016

July 21, 2016

Clearinghouse
17

NOTICE of Appearance by BENJAMIN H. FIELD on behalf of PHILADELPHIA CITY COMMISSIONERS with Certificate of Service(FIELD, BENJAMIN) (Entered: 08/03/2016)

Aug. 3, 2016

Aug. 3, 2016

PACER
18

Joint MOTION for Extension of Time to File Response/Reply as to 14 First MOTION for Preliminary Injunction against Philadelphia City Commissioners filed by PHILADELPHIA CITY COMMISSIONERS.Certificate of Service. (Attachments: # 1 Text of Proposed Order Proposed Order)(FIELD, BENJAMIN) (Entered: 08/03/2016)

Aug. 3, 2016

Aug. 3, 2016

PACER
19

RESPONSE TO ORDER TO SHOW CAUSE by AMERICAN CIVIL RIGHTS UNION. (Attachments: # 1 Affidavit Affidavit of Donald Palmer in Suppo)(ADAMS, JOHN) (Entered: 08/04/2016)

1 Affidavit Affidavit of Donald Palmer in Suppo

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Aug. 4, 2016

Aug. 4, 2016

PACER
20

ORDER THAT THE 18 MOTION FOR EXTENSION OF TIME TO FILE RESPONSE/REPLY IS GRANTED. DEFENDANT SHALL RESPOND TO PLAINTIFF'S RE 14 First MOTION for Preliminary Injunction against Philadelphia City Commissioners BY 9/9/2016.. SIGNED BY HONORABLE C. DARNELL JONES, II ON 8/5/2016.8/5/2016 ENTERED AND COPIES E-MAILED.(kp, ) (Entered: 08/05/2016)

Aug. 5, 2016

Aug. 5, 2016

PACER
21

ORDER THAT UPON CONSIDERATION OF PLAINTIFF'S FIRST MOTION FOR PRELIMINARY INJUNCTION AND PLAINTIFFS RESPONSE TO THIS COURT'S ORDER TO SHOW CAUSE, THE COURT FINDS PLAINTIFF'S RESPRESENTATIONS SUFFICIENT AND IT IS HEREBY ORDERED THAT SANCTIONS SHALL NOT ISSUE AT THIS TIME. SIGNED BY HONORABLE C. DARNELL JONES, II ON 8/5/2016. 8/8/2016 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 08/08/2016)

Aug. 5, 2016

Aug. 5, 2016

Clearinghouse
22

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction filed by PHILADELPHIA CITY COMMISSIONERS.Memorandum and Certificate of Service. (Attachments: # 1 Exhibit Exhbits 1 and 2, # 2 Certificate of Service)(FIELD, BENJAMIN) (Entered: 08/08/2016)

1 Exhibit Exhbits 1 and 2

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2 Certificate of Service

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Aug. 8, 2016

Aug. 8, 2016

RECAP
23

Joint MOTION for Extension of Time to File Response/Reply as to 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by AMERICAN CIVIL RIGHTS UNION.. (Attachments: # 1 Text of Proposed Order Proposed Order)(PHILLIPS, KAYLAN) (Entered: 08/18/2016)

Aug. 18, 2016

Aug. 18, 2016

PACER
24

ORDER THAT THE DEADLINE FOR PLAINTIFF TO RESPOND TO DEFENDANT'S MOTION TO DISMISS THE AMENDED COMPLAINT (DOC. NO. 22) IS EXTENDED TO 8/29/2016. SIGNED BY HONORABLE C. DARNELL JONES, II ON 8/22/2016.8/22/2016 ENTERED AND COPIES E-MAILED.(ahf) (Entered: 08/22/2016)

Aug. 22, 2016

Aug. 22, 2016

PACER
25

MOTION for Pro Hac Vice of Joseph A. Vanderhulst filed by AMERICAN CIVIL RIGHTS UNION.Certificate of Service.(KERNS, LINDA) Modified on 8/23/2016 (jl, ). (FEE PAID ON 8/24/16) (Entered: 08/23/2016)

Aug. 23, 2016

Aug. 23, 2016

PACER
26

ORDER THAT THE APPLICATION OF JOSEPH VANDERHULST TO APPEAR PRO HAC VICE IS GRANTED; ETC.. SIGNED BY HONORABLE C. DARNELL JONES, II ON 8/24/16. 8/24/16 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 08/24/2016)

Aug. 24, 2016

Aug. 24, 2016

Clearinghouse
27

RESPONSE in Opposition re 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by AMERICAN CIVIL RIGHTS UNION. (KERNS, LINDA) (Entered: 08/29/2016)

Aug. 29, 2016

Aug. 29, 2016

Clearinghouse
28

MOTION for Leave to File Reply Brief filed by PHILADELPHIA CITY COMMISSIONERS.Memorandum and Certificate of Service. (Attachments: # 1 Exhibit Reply in Support of Motion to Dismiss)(FIELD, BENJAMIN) (Entered: 09/06/2016)

1 Exhibit Reply in Support of Motion to Dismiss

View on PACER

Sept. 6, 2016

Sept. 6, 2016

PACER
29

PHILADELPHIA CITY COMMISSIONERS REPLY MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION TO DISMISS THE AMENDED COMPLAINT PURSUANT TO FED.R.CIV.P. 12 (b)(1), 12 (B)(6) AND 12 (b)(7). (jl, ) (Entered: 09/09/2016)

Sept. 9, 2016

Sept. 9, 2016

Clearinghouse
30

MEMORANDUM AND ORDER THAT DEFENDANT'S MOTION FOR LEAVE TO FILE A REPLY BRIEF IS GRANTED. DEFENDANT'S MOTION TO DISMISS IS GRANTED. PLAINTIFF IS GRANTED LEAVE TO FILE A SECOND AMENDED COMPLAINT NO LATER THAN 9/23/16; ETC.. SIGNED BY HONORABLE C. DARNELL JONES, II ON 9/9/16. 9/9/16 ENTERED AND E-MAILED.(jl, ) (Entered: 09/09/2016)

Sept. 9, 2016

Sept. 9, 2016

Clearinghouse
31

MEMORANDUM AND ORDER THAT DEFENDANT'S MOTION FOR LEAVE TO FILE A REPLY BRIEF IS GRANTED. DEFENDANT'S MOTION TO DISMISS IS GRANTED. PLAINTIFF IS GRANTED LEAVE TO FILE A SECOND AMENDED COMPLAINT NO LATER THAN 9/23/16. PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION IS DENIED AS MOOT,ETC.. SIGNED BY HONORABLE C. DARNELL JONES, II ON 9/9/16. 9/9/16 ENTERED AND E-MAILED.(jl, ) (Entered: 09/09/2016)

Sept. 9, 2016

Sept. 9, 2016

Clearinghouse
32

NOTICE OF APPEAL by AMERICAN CIVIL RIGHTS UNION. Filing fee not paid. Copies to Judge, Clerk USCA, Appeals Clerk.(KERNS, LINDA) Modified on 10/6/2016 (fb). (Entered: 10/06/2016)

Oct. 6, 2016

Oct. 6, 2016

Clearinghouse

USCA Appeal Fees

Oct. 6, 2016

Oct. 6, 2016

PACER

USCA Appeal Fees received $ 505 receipt number PPE148141 re 32 Notice of Appeal filed by AMERICAN CIVIL RIGHTS UNION (jl, )

Oct. 6, 2016

Oct. 6, 2016

PACER

NOTICE of Docketing Record on Appeal from USCA re 32 Notice of Appeal filed by AMERICAN CIVIL RIGHTS UNION. USCA Case Number 16-3811 (dmc, )

Oct. 12, 2016

Oct. 12, 2016

PACER

USCA Notice of Docketing ROA

Oct. 12, 2016

Oct. 12, 2016

PACER
33

Transcript purchase order filed by AMERICAN CIVIL RIGHTS UNION.Transcript Purchase Order.(KERNS, LINDA) Modified on 11/3/2016 (lvj, ). (FILED IN ERROR BY ATTORNEY; ATTORNEY WILL RE-FILE ORIGINAL DOCUMENT) (Entered: 10/26/2016)

Oct. 26, 2016

Oct. 26, 2016

PACER
34

Copy of TPO Form re 32 Notice of Appeal : (jaa, ) (Entered: 11/08/2016)

Nov. 7, 2016

Nov. 7, 2016

PACER
35

ORDER of USCA THAT THE JUDGMENT OF THE DISTRICT COURT ENTERED 9/9/16 BE AFFIRMED. ALL OF THE ABOVE IN ACCORDANCE WITH THE OPINION OF THIS COURT; ETC. (jl, ) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 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: April 4, 2016

Closing Date: Oct. 17, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

American Civil Rights Union, a non-profit corporation that states that its aim is to promote election integrity, compliance with federal election laws, government transparency and constitutional government.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Philadelphia, City

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

National Voter Registration Act ("Motor Voter law"), 52 U.S.C. § 20501 (previously 42 U.S.C. § 1973gg)

Help America Vote Act (HAVA), 52 U.S.C. § 20901 et seq (previously 42 U.S.C. § 15301 et seq)

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Voting:

Vote dilution

Voter qualifications

Voter registration rules