Case: Keyes v. Gunn
3:16-cv-00228 | U.S. District Court for the Southern District of Mississippi
Filed Date: March 30, 2016
Closed Date: Oct. 30, 2018
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Case Summary
This case involved an election dispute in Mississippi concerning a tie in the vote for a seat in the House of Representatives for the State of Mississippi. Both candidates received 4,589 votes and the final result was determined by straw draw. The loser of the election filed a petition with the House contesting the election. A special committee was appointed and voted along party lines, discarding 5 of the 9 affidavit votes originally counted by Smith County election commissioners and the Secretary of State.
On March 30, 2016, the loser of the election, along with several voters whose ballots may have been rejected, alleged that the defendants, Speaker of the Mississippi House of Representatives, members of the Special Committee of the House of Representatives, and The Mississippi House of Representatives failed to disclose which votes were not counted as part of the special committee’s decision to remove the losing candidate from office and appoint the winning candidate. The main matters of contention for the claim were (i) equal protections and (ii) jurisdiction. The case presented was that the Plaintiffs’ votes, specifically those cast via affidavit ballots, were treated differently from other votes. The issue in the case was whether the Plaintiffs could bring their challenge as an equal protection claim under federal law or whether it was deemed a state-level election contest. The Plaintiffs sought redress pursuant to 42 U.S.C. § 1983, restoring his position as Representative in the Mississippi House of Representatives, and reasonable attorney fees. The Plaintiffs did did not seek monetary damages.
On May 10, 2016, the Defendants moved to dismiss on various grounds, including legislative immunity, qualified immunity, Eleventh Amendment immunity, lack of subject matter jurisdiction, lack of Article III standing, and failure to state a claim.
On January 27, 2017, the district court rejected each of the defenses. Finding that it had jurisdiction to consider the plaintiffs' equal-protection claims, the district court denied the Defendants' motions to dismiss.
The Defendants appealed under the collateral order doctrine. The case was dismissed on appeal, on the grounds that the district courts lacked jurisdiction on 30 October 2018. The plaintiffs attempted to appeal to the Supreme Court; however, the court denied the petition for writ of certiorari.
The case is now closed.
Summary Authors
(9/3/2024)
People
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4302543/parties/keyes-v-gunn/
Corlew, John G. (Mississippi)
Cowan, Charles E. (Mississippi)
Gov, Rex M. (Mississippi)
Gov, Krissy C. (Mississippi)
Gov, Douglas T. (Mississippi)
Documents in the Clearinghouse
Docket
See docket on RECAP: https://www.courtlistener.com/docket/4302543/keyes-v-gunn/
Last updated June 29, 2026, 5:17 a.m.
Docket for: Keyes v. Gunn
Case Details
State / Territory:
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: March 30, 2016
Closing Date: Oct. 30, 2018
Case Ongoing: No
Plaintiffs
Plaintiff Description:
the loser of Mississippi state legislature election , along with several voters whose ballots may have been rejected
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Private Entity/Person
Philip Gunn
State
the Mississippi House of Representatives
Defendant Type(s):
Case Details
Causes of Action:
Voting Rights Act, unspecified, 52 U.S.C. § 10301 et seq (previously 42 U.S.C § 1973 et seq.)
Other Dockets:
Southern District of Mississippi 3:16-cv-00228
Available Documents:
Outcome
Prevailing Party: Defendant
Relief Granted:
Source of Relief:
Issues
Voting:
Case Summary of Keyes v. Gunn, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/45033/ (last updated 9/3/2024).