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

Clearinghouse coding complete

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…

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/


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)

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Documents in the Clearinghouse

Document
1

3:16-cv-00228

Complaint

March 30, 2016

March 30, 2016

Complaint
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
8

3:16-cv-00228

Motion to Dismiss for Failure to State a Claim

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
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
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
4

3:16-cv-00228

Motion to Dismiss for Lack of Jurisdiction

May 10, 2016

May 10, 2016

Pleading / Motion / Brief
19

3:16-cv-00228

Combined Memorandum in Response to Defendants Motions to Dismiss

June 27, 2016

June 27, 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
18

3:16-cv-00228

Combined Memorandum in Response to Defendants Motions to Dismiss

June 27, 2016

June 27, 2016

Pleading / Motion / Brief

Docket

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

Last updated Jan. 30, 2025, 2:45 p.m.

ECF Number Description Date Link Date / Link
1

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

March 30, 2016

March 30, 2016

Clearinghouse
2

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)

March 30, 2016

March 30, 2016

Clearinghouse
3

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)

April 20, 2016

April 20, 2016

Clearinghouse
4

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)

May 10, 2016

May 10, 2016

Clearinghouse
5

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)

May 10, 2016

May 10, 2016

Clearinghouse
6

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)

May 10, 2016

May 10, 2016

Clearinghouse
7

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)

May 10, 2016

May 10, 2016

Clearinghouse
8

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)

May 10, 2016

May 10, 2016

Clearinghouse
9

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)

May 10, 2016

May 10, 2016

Clearinghouse
10

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)

May 11, 2016

May 11, 2016

Clearinghouse
11

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)

May 23, 2016

May 23, 2016

Clearinghouse
12

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)

May 24, 2016

May 24, 2016

Clearinghouse
13

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)

June 10, 2016

June 10, 2016

Clearinghouse
14

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)

June 13, 2016

June 13, 2016

Clearinghouse
15

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)

June 27, 2016

June 27, 2016

Clearinghouse
16

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)

June 27, 2016

June 27, 2016

Clearinghouse
17

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)

June 27, 2016

June 27, 2016

Clearinghouse
18

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)

June 27, 2016

June 27, 2016

Clearinghouse
19

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)

June 27, 2016

June 27, 2016

Clearinghouse
20

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)

June 27, 2016

June 27, 2016

Clearinghouse
21

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)

July 25, 2016

July 25, 2016

Clearinghouse
22

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)

July 25, 2016

July 25, 2016

Clearinghouse
23

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)

July 25, 2016

July 25, 2016

Clearinghouse
24

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)

Jan. 27, 2017

Jan. 27, 2017

RECAP
29

Copy of Opinion - USCA

1 Cover Letter

View on PACER

June 20, 2018

June 20, 2018

PACER
30

Certified Copy of USCA Judgment/Mandate

1 USCA Bill of Costs

View on PACER

2 Cover Letter

View on PACER

June 20, 2018

June 20, 2018

PACER
31

Bill of Costs

June 21, 2018

June 21, 2018

RECAP
32

Costs Taxed

July 5, 2018

July 5, 2018

RECAP
33

Order

1 USCA Cover Letter

View on RECAP

Oct. 29, 2018

Oct. 29, 2018

RECAP
34

Judgment

Oct. 30, 2018

Oct. 30, 2018

RECAP

Case Details

State / Territory: Mississippi

Case Type(s):

Election/Voting Rights

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):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

the Mississippi House of Representatives (Jasper), State

Philip Gunn (Jasper), Private Entity/Person

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Voting Rights Act, unspecified, 52 U.S.C. § 10301 et seq (previously 42 U.S.C § 1973 et seq.)

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Declaratory Judgment

Source of Relief:

Litigation

Issues

Voting:

Election administration

Vote decision rules

Voter qualifications

Voter registration rules