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 Secre…

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/

Judge(s)

Attorney for Plaintiff

Corlew, John G. (Mississippi)

Attorney for Defendant

Cowan, Charles E. (Mississippi)

Gov, Rex M. (Mississippi)

Gov, Krissy C. (Mississippi)

Gov, Douglas T. (Mississippi)

Judge(s)

Reeves, Carlton Wayne (Mississippi)

Attorney for Plaintiff

Corlew, John G. (Mississippi)

Attorney for Defendant

Cowan, Charles E. (Mississippi)

Gov, Rex M. (Mississippi)

Gov, Krissy C. (Mississippi)

Gov, Douglas T. (Mississippi)

Gov, Drew D. (Mississippi)

Nobile, T. Russell (Mississippi)

Wallace, Michael B. (Mississippi)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 3:16-cv-00228	Complaint	March 30, 2016	March 30, 2016 Complaint
4 3:16-cv-00228	Motion to Dismiss for Lack of Jurisdiction	May 10, 2016	May 10, 2016 Pleading / Motion / Brief
5 3:16-cv-00228	Brief in Support of Motion to Dismiss for Lack of Jurisdiction	May 10, 2016	May 10, 2016 Pleading / Motion / Brief
6 3:16-cv-00228	Motion to Dismiss for Failure to State a Claim on the Basis of Immunity	May 10, 2016	May 10, 2016 Pleading / Motion / Brief
7 3:16-cv-00228	Brief in Support of Motion to Dismiss for Failure to State a Claim on the Basis of Immunity	May 10, 2016	May 10, 2016 Pleading / Motion / Brief
8 3:16-cv-00228	Motion to Dismiss for Failure to State a Claim	May 10, 2016	May 10, 2016 Pleading / Motion / Brief
9 3:16-cv-00228	Brief in Support of Motion to Dismiss for Failure to State a Claim	May 10, 2016	May 10, 2016 Pleading / Motion / Brief
16 3:16-cv-00228	Plaintiffs' Response to Defendants' Motion to Dismiss for Failure to State a Claim on the Basis on Immunity (6)	June 27, 2016	June 27, 2016 Pleading / Motion / Brief
17 3:16-cv-00228	Plaintiffs' Response to Defendants'' Motion to Dismiss for Failure to State A Claim	June 27, 2016	June 27, 2016 Pleading / Motion / Brief
18 3:16-cv-00228	Combined Memorandum in Response to Defendants Motions to Dismiss	June 27, 2016	June 27, 2016 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4302543/keyes-v-gunn/

Last updated Oct. 29, 2026, 3:49 a.m.

Docket for: Keyes v. Gunn

ECF Number	Date	Description	Link
1	March 30, 2016	COMPLAINT against Mark Baker, Charles Jim Beckett, Richard Bennett, Bill Denny, Philip Gunn, and The Mississippi House of Representatives ( Filing fee $ 400 receipt number 34643038604) filed by Joshua Allen, Karli Ford Matthews, Shelton S. Matthews, Billie Faye Keyes, and Courtney Rena Fortune. (Attachments: # 1 Civil Cover Sheet)(ND) (Entered: 03/30/2016) 1 Civil Cover Sheet View on PACER	Clearinghouse
2	March 30, 2016	Summons Issued as to Mark Baker, Charles Jim Beckett, Richard Bennett, Bill Denny, Philip Gunn, and The Mississippi House of Representatives. (ND) (Entered: 03/30/2016)	Clearinghouse
3	April 20, 2016	Joint MOTION for Extension of Time to File Response/Reply as to 1 Complaint, by Mark Baker, Charles Jim Beckett, Richard Bennett, Bill Denny, Philip Gunn, The Mississippi House of Representatives (Wallace, Michael) (Entered: 04/20/2016)	Clearinghouse
4	May 10, 2016	MOTION to Dismiss for Lack of Jurisdiction by Mark Baker, Charles Jim Beckett, Richard Bennett, Bill Denny, Philip Gunn, The Mississippi House of Representatives (Wallace, Michael) (Entered: 05/10/2016)	Clearinghouse
5	May 10, 2016	MEMORANDUM in Support re 4 MOTION to Dismiss for Lack of Jurisdiction filed by Mark Baker, Charles Jim Beckett, Richard Bennett, Bill Denny, Philip Gunn, The Mississippi House of Representatives (Wallace, Michael) (Entered: 05/10/2016)	Clearinghouse
6	May 10, 2016	MOTION to Dismiss for Failure to State a Claim on the Basis of Immunity by Mark Baker, Charles Jim Beckett, Richard Bennett, Bill Denny, Philip Gunn, The Mississippi House of Representatives (Wallace, Michael) (Entered: 05/10/2016)	Clearinghouse
7	May 10, 2016	MEMORANDUM in Support re 6 MOTION to Dismiss for Failure to State a Claim on the Basis of Immunity filed by Mark Baker, Charles Jim Beckett, Richard Bennett, Bill Denny, Philip Gunn, The Mississippi House of Representatives (Wallace, Michael) (Entered: 05/10/2016)	Clearinghouse
8	May 10, 2016	MOTION to Dismiss for Failure to State a Claim by Mark Baker, Charles Jim Beckett, Richard Bennett, Bill Denny, Philip Gunn, The Mississippi House of Representatives (Wallace, Michael) (Entered: 05/10/2016)	Clearinghouse
9	May 10, 2016	MEMORANDUM in Support re 8 MOTION to Dismiss for Failure to State a Claim filed by Mark Baker, Charles Jim Beckett, Richard Bennett, Bill Denny, Philip Gunn, The Mississippi House of Representatives (Wallace, Michael) (Entered: 05/10/2016)	Clearinghouse
10	May 11, 2016	ORDER STAYING DISCOVERY pending a ruling on the Motions to Dismiss filed herein. Signed by Magistrate Judge Linda R. Anderson on 5/11/2016. (WG) (Entered: 05/11/2016)	Clearinghouse
11	May 23, 2016	Unopposed MOTION for Extension of Time to File Response/Reply as to 6 MOTION to Dismiss for Failure to State a Claim on the Basis of Immunity, 8 MOTION to Dismiss for Failure to State a Claim, 4 MOTION to Dismiss for Lack of Jurisdiction by Joshua Allen, Courtney Rena Fortune, Billie Faye Keyes, Karli Ford Matthews, Shelton S. Matthews (Corlew, John) (Entered: 05/23/2016)	Clearinghouse
12	May 24, 2016	NOTICE of Appearance by T. Russell Nobile on behalf of Mark Baker, Charles Jim Beckett, Richard Bennett, Bill Denny, Philip Gunn, The Mississippi House of Representatives (Nobile, T.) (Entered: 05/24/2016)	Clearinghouse
13	June 10, 2016	Unopposed MOTION for Extension of Time to File Response/Reply as to 6 MOTION to Dismiss for Failure to State a Claim on the Basis of Immunity, 8 MOTION to Dismiss for Failure to State a Claim, 4 MOTION to Dismiss for Lack of Jurisdiction by Joshua Allen, Courtney Rena Fortune, Billie Faye Keyes, Karli Ford Matthews, Shelton S. Matthews (Corlew, John) (Entered: 06/10/2016)	Clearinghouse
14	June 13, 2016	ORDER Granting 13 Unopposed MOTION for Extension of Time to File Responses/Replies as to 6 MOTION to Dismiss, 8 MOTION to Dismiss, and 4 MOTION to Dismiss. Plaintiffs shall file their responses on or before June 27, 2016. Defendants shall file any replies on or before July 25, 2016. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by District Judge Carlton W. Reeves on 6/13/2016. (AN) (Entered: 06/13/2016)	Clearinghouse
15	June 27, 2016	RESPONSE to Motion re 4 MOTION to Dismiss for Lack of Jurisdiction filed by Joshua Allen, Courtney Rena Fortune, Billie Faye Keyes, Karli Ford Matthews, Shelton S. Matthews (Corlew, John) (Entered: 06/27/2016)	Clearinghouse
16	June 27, 2016	RESPONSE to Motion re 6 MOTION to Dismiss for Failure to State a Claim on the Basis of Immunity filed by Joshua Allen, Courtney Rena Fortune, Billie Faye Keyes, Karli Ford Matthews, Shelton S. Matthews (Corlew, John) (Entered: 06/27/2016)	Clearinghouse
17	June 27, 2016	RESPONSE to Motion re 8 MOTION to Dismiss for Failure to State a Claim filed by Joshua Allen, Courtney Rena Fortune, Billie Faye Keyes, Karli Ford Matthews, Shelton S. Matthews (Corlew, John) (Entered: 06/27/2016)	Clearinghouse
18	June 27, 2016	MEMORANDUM IN SUPPORT re 15 Response to Motion, 4 MOTION to Dismiss for Lack of Jurisdiction filed by Joshua Allen, Courtney Rena Fortune, Billie Faye Keyes, Karli Ford Matthews, Shelton S. Matthews (Corlew, John) (Entered: 06/27/2016)	Clearinghouse
19	June 27, 2016	MEMORANDUM IN SUPPORT re 16 Response to Motion filed by Joshua Allen, Courtney Rena Fortune, Billie Faye Keyes, Karli Ford Matthews, Shelton S. Matthews (Corlew, John) (Entered: 06/27/2016)	Clearinghouse
20	June 27, 2016	MEMORANDUM IN SUPPORT re 17 Response to Motion, 8 MOTION to Dismiss for Failure to State a Claim filed by Joshua Allen, Courtney Rena Fortune, Billie Faye Keyes, Karli Ford Matthews, Shelton S. Matthews (Corlew, John) (Entered: 06/27/2016)	Clearinghouse
21	July 25, 2016	RESPONSE in Support re 4 MOTION to Dismiss for Lack of Jurisdiction filed by Mark Baker, Charles Jim Beckett, Richard Bennett, Bill Denny, Philip Gunn, The Mississippi House of Representatives (Wallace, Michael) (Entered: 07/25/2016)	Clearinghouse
22	July 25, 2016	RESPONSE in Support re 6 MOTION to Dismiss for Failure to State a Claim on the Basis of Immunity filed by Mark Baker, Charles Jim Beckett, Richard Bennett, Bill Denny, Philip Gunn, The Mississippi House of Representatives (Wallace, Michael) (Entered: 07/25/2016)	Clearinghouse
23	July 25, 2016	RESPONSE in Support re 8 MOTION to Dismiss for Failure to State a Claim filed by Mark Baker, Charles Jim Beckett, Richard Bennett, Bill Denny, Philip Gunn, The Mississippi House of Representatives (Wallace, Michael) (Entered: 07/25/2016)	Clearinghouse
24	Jan. 27, 2017	ORDER granting in part and denying in part 4 Motion to Dismiss for Lack of Jurisdiction; denying 6 Motion to Dismiss; and denying 8 Motion to Dismiss. Signed by District Judge Carlton W. Reeves on 1/27/17.(rg)	RECAP
25	Feb. 14, 2017	NOTICE OF APPEAL by Mark Baker, Charles Jim Beckett, Richard Bennett, Bill Denny, Philip Gunn, The Mississippi House of Representatives. Filing fee $ 505, receipt number 0538-3374725. Appeal Record due by 2/14/2017 (Wallace, Michael) (Entered: 02/14/2017)	RECAP
26	Feb. 22, 2017	ORDER STAYING CASE pending disposition or other action by the Fifth Circuit Court of Appeals on Defendants' appeal. Signed by Magistrate Judge Linda R. Anderson on 2/22/2017. (WG) (Entered: 02/22/2017)	RECAP
27	Feb. 28, 2017	TRANSCRIPT REQUEST by Mark Baker, Charles Jim Beckett, Richard Bennett, Bill Denny, Philip Gunn, The Mississippi House of Representatives for proceedings held on 12/02/2016 before Judge Carlton W. Reeves, re 25 Notice of Appeal Transcript due by 3/29/2017 (Wallace, Michael) (Entered: 02/28/2017)	RECAP
28	March 13, 2017	NOTICE OF FILING OF OFFICIAL TRANSCRIPT OF HEARING for dates of 12/2/2016 before Judge Carlton W. Reeves, re 25 Notice of Appeal Court Reporter Brenda Wolverton, Telephone Number : 601-608-4188. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/3/2017. Redacted Transcript Deadline set for 4/13/2017. Release of Transcript Restriction set for 6/12/2017. (BW) (Entered: 03/13/2017)	RECAP
29	June 20, 2018	Copy of Opinion - USCA in re 25 Notice of Appeal. The Judgment of the District Court is Reversed, and this case is Remanded to the District Court with instructions to Dismiss the complaint for Lack of Subject Matter Jurisdiction. (Attachments: # 1 Cover Letter)(ND) (Entered: 06/20/2018) 1 Cover Letter View on PACER	RECAP
30	June 20, 2018	CERTIFIED COPY OF USCA JUDGMENT/MANDATE as to 25 Notice of Appeal filed by Mark Baker, Richard Bennett, The Mississippi House of Representatives, Bill Denny, Philip Gunn, Charles Jim Beckett. The Judgment of the District Court is Reversed, and this case is Remanded to the District Court with instructions to Dismiss the complaint for Lack of Subject Matter Jurisdiction. (Attachments: # 1 USCA Bill of Costs, # 2 Cover Letter)(ND) (Entered: 06/20/2018) 1 USCA Bill of Costs View on PACER 2 Cover Letter View on PACER	RECAP
31	June 21, 2018	BILL OF COSTS by Mark Baker, Charles Jim Beckett, Richard Bennett, Bill Denny, Philip Gunn, The Mississippi House of Representatives (Cowan, Charles) (Main Document 31 replaced on 6/21/2018) (cwl). (Entered: 06/21/2018)	RECAP
32	July 5, 2018	Costs Taxed in amount of $ 259.15 against Billie Faye Keyes, et al (ASJ) (Entered: 07/05/2018)	RECAP
33	Oct. 29, 2018	SUPREME COURT ORDER received denying petition for writ of certiorari filed by Appellees Mr. Joshua Allen, Ms. Billie Faye Keyes, Ms. Courtney Rena Fortune, Ms. Karli Ford Matthews and Mr. Shelton S. Matthews in 17-60097 on 10/29/2018. (Attachments: # 1 USCA Cover Letter)(ND) (Entered: 10/29/2018) 1 USCA Cover Letter View on RECAP	RECAP
34	Oct. 30, 2018	FINAL JUDGMENT - This case is dismissed for lack of subject matter jurisdiction. Signed by District Judge Carlton W. Reeves on 10/30/2018 (ND) (Entered: 10/30/2018)	RECAP