Case: Duncan v. Louisiana State

2:15-cv-05486 | U.S. District Court for the Eastern District of Louisiana

Filed Date: Oct. 27, 2015

Closed Date: May 26, 2016

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Case Summary

This was a case about alleged denial of the right to vote. On October 27, 2015, an individual sued the State of Louisiana, the Louisiana Secretary of State Office, Louisiana Secretary of State, Tangipahoa Parish Council, Tangipahoa Parish Clerk of Court Office, Tangipahoa Parish Registrar of Voters Office, and Tangipahoa Parish Registrar of Voters in the U.S. District Court for the Eastern District of Louisiana. The individual asserted claims under 18 U.S.C. § 96, 42 U.S.C. § 207(a), 42 U.S.C. § 1915, 42 U.S.C. § 1981, 42 U.S.C. § 1983, 42 U.S.C. § 1985, 42 U.S.C. § 1986, 42 U.S.C. § 1988, the Fourteenth and Fifteenth Amendment, the Civil Rights Act of 1866, the Civil Rights Act of 1964, the Voting Rights Act of 1965, La. Civ. Code § 2315, and La. Civ. Code § 2317. The case was assigned to District Judge Ivan L.R. Lemelle. Proceeding pro se, the individual sought declaratory relief, injunctive relief, monetary damages, and punitive damages to redress the denial of the individual’s right to vote and racial discrimination.

The individual alleged that the Registrar of Voters Office failed to issue him the required identification, causing him to be denied his right to vote when a polling employee of the Tangipahoa Parish Clerk of Court did not let him vote because he did not have identification that satisfied the requirements for voting. The individual additionally alleged that he was denied the right to vote due to racial discrimination.

From December 2015 through January 2016 the various defendants filed motions to dismiss the individual’s complaint for failure to state a claim upon which relief could be granted and for lack of subject matter jurisdiction. Defendants contended that Eleventh Amendment immunity barred the individual’s suit, and that the individual’s conclusory allegations and generalizations did not substantiate his claims.

On January 11, 2016, the individual filed an opposition to defendants’ motions to dismiss. The individual argued that qualified immunity did not apply because defendants violated a clearly established and well-settled right. Further, the individual argued that Defendants did indeed conspire to and did actually deny his right to vote.

On January 12, 2016, the Court granted in part and denied in part the defendants’ motions to dismiss the individual’s claims, and granted leave to file an amended complaint. The Court granted the motion to dismiss the individual’s claim that the Registrar of Voters failed to issue a photo identification card to all voters because there is no requirement that the Registrar do so. The court denied defendants’ motions to dismiss as to all other claims.

On January 28, 2016, the individual filed an amended complaint against all previously named defendants, and added the Voting Commissioner and the Tangipahoa Parish Board of Election Supervisors as additional defendants. In the amended complaint, the individual alleged that he was unlawfully denied the right to vote due to racial discrimination and the Clerk of Court’s failure to provide him required identification.

From February 2016 through May 2016 various defendants filed additional motions to dismiss the individual’s claims for failure to state a claim upon which relief could be granted and for lack of subject matter jurisdiction. Defendants argued that the Court lacked jurisdiction because defendants were protected by Eleventh Amendment immunity. Defendants further argued that the individual only provided generalizations and conclusory statements in support of his allegations, rather than offering specific facts to support his claim.

On March 2, 2016, the individual filed an opposition to defendants’ motions to dismiss. The individual alleged that qualified immunity did not apply because defendants violated his clearly established and well-settled right to vote. Further, the individual pled more facts to support his claims.

On April 13, 2016, the State of Louisiana, the Louisiana Secretary of State Office, Louisiana Secretary of State, Tangipahoa Parish Council, Tangipahoa Parish Clerk of Court Office, Tangipahoa Parish Registrar of Voters Office, and Tangipahoa Parish Registrar of Voters's motions to dismiss were granted because plaintiff did not provide adequate support for his claims, despite his opportunity to amend his complaint.

On May 2, 2016 the Voting Commissioner and the Tangipahoa Parish Board of Election Supervisors filed a motion to dismiss the individual’s claims for failure to state a claim upon which relief could be granted and for lack of subject matter jurisdiction. The Voting Commissioner and the Tangipahoa Parish Board of Election Supervisors argued that the Eleventh Amendment bars individuals from filing suit against the State in federal court and that the individual only presented conclusory allegations and unwarranted factual deductions insufficient to state a claim.

On May 26, the Court granted Defendants the Tangipahoa Parish Board of Election Supervisors and Patricia Hughes, in her capacity as Commissioner for the Tangipahoa Parish Board of Election Supervisors’ motion to dismiss, deeming the motion unopposed, and finding that the motion had merit.

On May 26, 2016, Plaintiff’s suit was dismissed, after the court granted all defendants’ motions to dismiss.

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Summary Authors

LFAA (8/19/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5306170/parties/duncan-v-louisiana-state/

Judge(s)

Attorney for Plaintiff

Duncan, Johnny (Louisiana)

Attorney for Defendant

Bryan, William Paul (Louisiana)

Dufrene, Kathryn Amelia (Louisiana)

Freel, Angelique Duhon (Louisiana)

Galbraith, Glen Ray (Louisiana)

Judge(s)

Lemelle, Ivan L. R. (Louisiana)

Attorney for Plaintiff

Duncan, Johnny (Louisiana)

Attorney for Defendant

Bryan, William Paul (Louisiana)

Dufrene, Kathryn Amelia (Louisiana)

Freel, Angelique Duhon (Louisiana)

Galbraith, Glen Ray (Louisiana)

Guillot, Grant Joseph (Louisiana)

Huval, Thomas H. (Louisiana)

Keller, Michael Courtney (Louisiana)

Salles, Stefini Weckwerth (Louisiana)

Shows, Edmond W. (Louisiana)

Swenson, Douglas Gist (Louisiana)

Walsh, John C. (Louisiana)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 2:15-cv-05486	Complaint	Oct. 27, 2015	Oct. 27, 2015 Complaint
27 2:15-cv-05486	Motion to Dismiss Pursuant to Rule 12(b)(1)	Dec. 24, 2015	Dec. 24, 2015 Pleading / Motion / Brief
28 2:15-cv-05486	Motion to Dismiss Pursuant to Red.R.Cib.P 12(b)(6)	Dec. 27, 2015	Dec. 27, 2015 Pleading / Motion / Brief
29 2:15-cv-05486	Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted, Rule 12(f) Motion to Strike and Rule 12(b)(1) Motion to Dismiss for Lack of Subject Matter Jurisdiction	Dec. 29, 2015	Dec. 29, 2015 Pleading / Motion / Brief
32 2:15-cv-05486	Motion to Dismiss Pursuant to Fed.R.Civ.P. 12(B)(6)	Jan. 4, 2016	Jan. 4, 2016 Pleading / Motion / Brief
30 2:15-cv-05486	Motion	Jan. 4, 2016	Jan. 4, 2016 Pleading / Motion / Brief
34 2:15-cv-05486	Motion	Jan. 7, 2016	Jan. 7, 2016 Pleading / Motion / Brief
41 2:15-cv-05486	Plaintiff's Opposition to Defendants 12(b)(1) and 12(b)(6) Motions	Jan. 11, 2016	Jan. 11, 2016 Pleading / Motion / Brief
43 2:15-cv-05486	Order Granting in Part and Denying in Part Defendants Motion to Dismiss (ECF No. 9)	Jan. 12, 2016	Jan. 12, 2016 Order/Opinion
46 2:15-cv-05486	Plaintiff's Opposition to Defendants Secretary of State Tom Schedler and Office of Secretary of State's 12(b)(1) and 12(b)(6) Motions to Dismiss	Jan. 21, 2016	Jan. 21, 2016 Pleading / Motion / Brief

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Resources

Title	Description		External URL Date / External URL
Black Farmers FAQ: The history of discrimination against Black farmers and policy initiatives to remedy these inequities. Legal Defense Fund	Black farmers have long faced systemic discrimination by public and private institutions and barriers to economic mobility. Inequities in the administration of government farm programs and discrimina…		https://www.naacpldf.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5306170/duncan-v-louisiana-state/

Last updated Aug. 16, 2025, 1:29 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT with jury demand against All Defendants filed by Johnny Duncan. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(ijg) (Entered: 10/28/2015) 1 Exhibit View on RECAP 2 Civil Cover Sheet View on RECAP	Oct. 27, 2015	Oct. 27, 2015 Clearinghouse
2	EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis by Johnny Duncan. Motion(s) referred to Sally Shushan. (ijg) (Entered: 10/28/2015)	Oct. 27, 2015	Oct. 27, 2015 RECAP
3	ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Sally Shushan. (Attachments: # 1 Pauper Letter) (gec) (Entered: 10/30/2015)	Oct. 29, 2015	Oct. 29, 2015 RECAP
4	SUMMONS Returned Executed; Tangipahoa Parish Council served on 11/17/2015, answer due 12/8/2015. (ijg) (Entered: 11/23/2015)	Nov. 20, 2015	Nov. 20, 2015 PACER
5	SUMMONS Returned Executed; Tangipahoa Parish Clerk of Court Office served on 11/17/2015, answer due 12/8/2015. (ijg) (Entered: 11/23/2015)	Nov. 20, 2015	Nov. 20, 2015 RECAP
6	SUMMONS Returned Executed; Julian Dufreche served on 11/17/2015, answer due 12/8/2015. (ijg) (Entered: 11/23/2015)	Nov. 20, 2015	Nov. 20, 2015 PACER
7	SUMMONS Returned Executed; John Russell served on 11/17/2015, answer due 12/8/2015. (ijg) (Entered: 11/23/2015)	Nov. 20, 2015	Nov. 20, 2015 PACER
8	SUMMONS Returned Executed; Tangipahoa Parish Registrar of Voters Office served on 11/17/2015, answer due 12/8/2015. (ijg) (Entered: 11/23/2015)	Nov. 20, 2015	Nov. 20, 2015 PACER
9	MOTION to Dismiss Party by Tangipahoa Parish Council. Motion(s) will be submitted on 12/16/2015. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)Attorney Glen Ray Galbraith added to party Tangipahoa Parish Council(pty:dft).(Galbraith, Glen) (Entered: 11/25/2015)	Nov. 25, 2015	Nov. 25, 2015 PACER
10	EXPARTE/CONSENT MOTION for Extension of Time to File Response/Reply as to 1 Complaint by Julian Dufreche, Tangipahoa Parish Clerk of Court Office. (Attachments: # 1 Proposed Order)Attorney Thomas H. Huval added to party Julian Dufreche(pty:dft), Attorney Thomas H. Huval added to party Tangipahoa Parish Clerk of Court Office(pty:dft).(Huval, Thomas) (Entered: 12/07/2015)	Dec. 7, 2015	Dec. 7, 2015 PACER
11	ORDER granting 10 Motion for Extension of Time to File Response/Reply. Signed by Judge Ivan L.R. Lemelle. (jrc) (Entered: 12/08/2015)	Dec. 8, 2015	Dec. 8, 2015 PACER
12	RESPONSE/MEMORANDUM in Opposition filed by Johnny Duncan re 9 MOTION to Dismiss Party . (ijg) (Entered: 12/09/2015)	Dec. 8, 2015	Dec. 8, 2015 PACER
17	SUMMONS Returned Executed; Louisiana Secretary of State Office served on 11/23/2015. (ijg) (Entered: 12/11/2015)	Dec. 8, 2015	Dec. 8, 2015 PACER
18	SUMMONS Returned Executed; Tom Schedler served on 11/23/2015. (ijg) (Entered: 12/11/2015)	Dec. 8, 2015	Dec. 8, 2015 PACER
19	SUMMONS Returned Executed; Louisiana State served on 11/23/2015, answer due 12/14/2015. (ijg) (Entered: 12/11/2015)	Dec. 8, 2015	Dec. 8, 2015 PACER
13	EXPARTE/CONSENT MOTION for Extension of Time to Answer re 1 Complaint by Louisiana Secretary of State, Tom Schedler. (Attachments: # 1 Proposed Order Proposed Order)Attorney Grant Joseph Guillot added to party Louisiana Secretary of State(pty:dft), Attorney Grant Joseph Guillot added to party Tom Schedler(pty:dft).(Guillot, Grant) (Entered: 12/10/2015)	Dec. 10, 2015	Dec. 10, 2015 RECAP
14	EXPARTE/CONSENT MOTION to Enroll as Counsel of Record E. Wade Shows as trial attorney, John C. Walsh, and Kathryn A. Dufrene by Louisiana Secretary of State, Tom Schedler. (Attachments: # 1 Proposed Order)(Guillot, Grant) Modified on 12/11/2015 (ijg). (Entered: 12/10/2015)	Dec. 10, 2015	Dec. 10, 2015 PACER
15	ORDER granting 14 Motion to Enroll as Additional Counsel of Record for Attorneys Edmond W. Shows, John C. Walsh, and Kathryn Amelia Dufrene for Louisiana Secretary of State and Tom Schedler. Signed by Judge Ivan L.R. Lemelle. (ijg) Modified on 12/11/2015 (ijg). (Entered: 12/11/2015)	Dec. 11, 2015	Dec. 11, 2015 PACER
16	ORDER granting 13 Motion for Extension of Time to Answer re 1 Complaint as to Louisiana Secretary of State and Tom Schedler as set forth in document. Signed by Judge Ivan L.R. Lemelle. (ijg) (Entered: 12/11/2015)	Dec. 11, 2015	Dec. 11, 2015 PACER
20	EXPARTE/CONSENT MOTION for Extension of Time to Answer by Louisiana State. (Attachments: # 1 Proposed Order)Attorney Douglas Gist Swenson added to party Louisiana State(pty:dft).(Swenson, Douglas) (Entered: 12/16/2015)	Dec. 16, 2015	Dec. 16, 2015 PACER
24	EXPARTE/CONSENT MOTION for Entry of Default as to Tangipahoa Parish Registrar of Voters John Russell and Tangipahoa Parish Registrar of Voters Office by Johnny Duncan. (Attachments: # 1 Exhibits, # 2 Affidavit, # 3 Proposed Order)(ijg) (Entered: 12/18/2015)	Dec. 16, 2015	Dec. 16, 2015 PACER
25	EXPARTE/CONSENT MOTION for Default Judgment as to Tangipahoa Parish Registrar of Voters John Russell and Tangipahoa Parish Registrar of Voters Office by Johnny Duncan. (Attachments: # 1 Proposed Order)(ijg) (Entered: 12/18/2015)	Dec. 16, 2015	Dec. 16, 2015 PACER
21	EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by John Russell, Tangipahoa Parish Registrar of Voters Office. (Attachments: # 1 Proposed Order)Attorney William Paul Bryan, III added to party John Russell(pty:dft), Attorney William Paul Bryan, III added to party Tangipahoa Parish Registrar of Voters Office(pty:dft).(Bryan, William) (Entered: 12/17/2015)	Dec. 17, 2015	Dec. 17, 2015 PACER
22	EXPARTE/CONSENT MOTION for Extension of Time to File Response/Reply by John Russell, Tangipahoa Parish Registrar of Voters Office. (Attachments: # 1 Proposed Order)(Bryan, William) (Entered: 12/17/2015)	Dec. 17, 2015	Dec. 17, 2015 PACER
23	ORDER granting 20 Motion for Extension of Time to Answer re 1 Complaint as to Louisiana State as set forth in document. Signed by Judge Ivan L.R. Lemelle. (ijg) (Entered: 12/18/2015)	Dec. 17, 2015	Dec. 17, 2015 PACER
26	ORDER granting 21 Motion to Enroll as Counsel of Record ; granting 22 Motion for Extension of Time to File Response/Reply ; denying 24 Motion for Entry of Default ; dismissing as moot 25 Motion for Default Judgment. Signed by Judge Ivan L.R. Lemelle on 12/18/2015. (ijg) (Entered: 12/23/2015)	Dec. 23, 2015	Dec. 23, 2015 PACER
27	MOTION to Dismiss for Lack of Jurisdiction by John Russell, Tangipahoa Parish Registrar of Voters Office. Motion(s) will be submitted on 2/3/2016. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit, # 4 Notice of Submission)(Bryan, William) (Entered: 12/24/2015) 1 Memorandum in Support View on RECAP 2 Exhibit View on RECAP 3 Exhibit View on RECAP 4 Notice of Submission (Civil Only) View on RECAP	Dec. 24, 2015	Dec. 24, 2015 Clearinghouse
28	MOTION to Dismiss for Failure to State a Claim by John Russell, Tangipahoa Parish Registrar of Voters Office. Motion(s) will be submitted on 2/3/2016. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Bryan, William) (Entered: 12/27/2015) 1 Memorandum in Support View on RECAP 2 Notice of Submission (Civil Only) View on RECAP	Dec. 27, 2015	Dec. 27, 2015 Clearinghouse
29	MOTION to Dismiss for Failure to State a Claim by Julian Dufreche, Tangipahoa Parish Clerk of Court Office. Motion(s) will be submitted on 2/3/2016. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Huval, Thomas) (Entered: 12/29/2015) 1 Memorandum in Support View on RECAP 2 Notice of Submission (Civil Only) View on RECAP	Dec. 29, 2015	Dec. 29, 2015 Clearinghouse
30	MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(1) by Louisiana Secretary of State, Tom Schedler. Motion(s) will be submitted on 2/3/2016. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Notice of Submission)(Guillot, Grant) (Entered: 01/04/2016) 1 Memorandum in Support View on RECAP 2 Proposed Order View on RECAP 3 Notice of Submission (Civil Only) View on RECAP	Jan. 4, 2016	Jan. 4, 2016 Clearinghouse
31	Request/Statement of Oral Argument by Louisiana Secretary of State, Tom Schedler regarding 30 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(1) (Guillot, Grant) (Entered: 01/04/2016)	Jan. 4, 2016	Jan. 4, 2016 PACER
32	MOTION to Dismiss for Failure to State a Claim pursuant to Fed. R. Civ. P. 12(b)(6) by Louisiana Secretary of State, Tom Schedler. Motion(s) will be submitted on 2/3/2016. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Notice of Submission)(Guillot, Grant) (Entered: 01/04/2016) 1 Memorandum in Support View on RECAP 2 Proposed Order View on RECAP 3 Notice of Submission (Civil Only) View on RECAP	Jan. 4, 2016	Jan. 4, 2016 Clearinghouse
33	Request/Statement of Oral Argument by Louisiana Secretary of State, Tom Schedler regarding 32 MOTION to Dismiss for Failure to State a Claim pursuant to Fed. R. Civ. P. 12(b)(6) (Guillot, Grant) (Entered: 01/04/2016)	Jan. 4, 2016	Jan. 4, 2016 PACER
37	OBJECTIONS by Johnny Duncan re 23 Order on Motion for Extension of Time to Answer. (ijg) (Entered: 01/08/2016)	Jan. 6, 2016	Jan. 6, 2016 PACER
39	MOTION for Sanctions against defendants Tangipahoa Parish Registrar of Voters John Russell and Tangipahoa Parish Register of Voters Office by Johnny Duncan. Motion(s) will be submitted on 1/20/2016. (Attachments: # 1 Notice of Submission)(ijg) (Entered: 01/12/2016)	Jan. 6, 2016	Jan. 6, 2016 PACER
34	MOTION to Dismiss for Failure to State a Claim pursuant to Fed. R. Civ. P. 12(b)(1), MOTION to Dismiss for Lack of Jurisdiction pursuant to Fed. R. Civ. P. 12(b)(6) by Louisiana State. Motion(s) will be submitted on 2/3/2016. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Notice of Submission)Attorney Grant Joseph Guillot added to party Louisiana State(pty:dft).(Guillot, Grant) (Entered: 01/07/2016) 1 Memorandum in Support View on RECAP 2 Proposed Order View on RECAP 3 Notice of Submission (Civil Only) View on RECAP	Jan. 7, 2016	Jan. 7, 2016 Clearinghouse
35	Request/Statement of Oral Argument by Louisiana State regarding 34 MOTION to Dismiss for Failure to State a Claim pursuant to Fed. R. Civ. P. 12(b)(1) MOTION to Dismiss for Lack of Jurisdiction pursuant to Fed. R. Civ. P. 12(b)(6) (Guillot, Grant) (Entered: 01/07/2016)	Jan. 7, 2016	Jan. 7, 2016 PACER
36	ORDER Denying 31 33 Requests for Oral Argument as set forth in document. Signed by Judge Ivan L.R. Lemelle.(ijg) (Entered: 01/08/2016)	Jan. 8, 2016	Jan. 8, 2016 PACER
40	MOTION for Recusal by Johnny Duncan. Motion(s) will be submitted on 1/20/2016. (Attachments: # 1 Notice of Submission, # 2 Proposed Order, # 3 Notice of Manual Attachment)(ijg) (Entered: 01/12/2016)	Jan. 8, 2016	Jan. 8, 2016 PACER
38	ORDER Denying 35 Request for Oral Argument, filed by Louisiana State. Signed by Judge Ivan L.R. Lemelle.(ijg) (Entered: 01/11/2016)	Jan. 11, 2016	Jan. 11, 2016 PACER
41	RESPONSE/MEMORANDUM in Opposition filed by Johnny Duncan re 28 MOTION to Dismiss for Failure to State a Claim, 27 MOTION to Dismiss for Lack of Jurisdiction . (ijg) (Entered: 01/12/2016)	Jan. 11, 2016	Jan. 11, 2016 Clearinghouse
42	Manual Attachment Received re 40 MOTION for Recusal filed by Johnny Duncan. (ijg) (Entered: 01/12/2016)	Jan. 12, 2016	Jan. 12, 2016 PACER
	Manual Attachment Received	Jan. 12, 2016	Jan. 12, 2016 PACER
43	ORDER AND REASONS granting in part and denying in part 9 Motion to Dismiss. Further Ordered that plaintiff is granted leave to file an amended complaint as set forth in document. Signed by Judge Ivan L.R. Lemelle on 1/11/2016. (ijg) (Entered: 01/12/2016)	Jan. 12, 2016	Jan. 12, 2016 Clearinghouse
44	DEFICIENT OBJECTIONS by Johnny Duncan to the Court's December 18, 2015 Order. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(ijg) Modified on 1/15/2016 (ijg). (Entered: 01/15/2016)	Jan. 12, 2016	Jan. 12, 2016 PACER
45	NOTICE OF DEFICIENT Pro Se DOCUMENT: re 44 Objections. Please see attached letter for steps needed to remedy deficiency. Deficiency remedy due by 2/5/2016. (ijg) (Entered: 01/15/2016)	Jan. 15, 2016	Jan. 15, 2016 PACER
46	RESPONSE/MEMORANDUM in Opposition filed by Johnny Duncan re 32 MOTION to Dismiss for Failure to State a Claim pursuant to Fed. R. Civ. P. 12(b)(6). (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(ijg) (Entered: 01/22/2016) 1 Memorandum in Support View on RECAP 2 Proposed Order View on RECAP	Jan. 21, 2016	Jan. 21, 2016 Clearinghouse
47	EXPARTE/CONSENT MOTION to Withdraw William P. Bryan, III as Attorney by John Russell, Tangipahoa Parish Registrar of Voters Office. (Attachments: # 1 Proposed Order)(Bryan, William) (Main Document 47 replaced on 1/25/2016) (ajn). (Entered: 01/22/2016)	Jan. 22, 2016	Jan. 22, 2016 PACER
48	ORDER Granting 47 MOTION to Substitute Counsel. Angelique Freel is substituted as counsel of record in place of William Paul Bryan, III. Signed by Judge Ivan L.R. Lemelle.(ijg) (Entered: 01/26/2016)	Jan. 25, 2016	Jan. 25, 2016 PACER
49	ORDER AND REASONS denying 39 Motion for Sanctions; denying 40 Motion for Recusal. Signed by Judge Ivan L.R. Lemelle. (ijg)	Jan. 27, 2016	Jan. 27, 2016 Clearinghouse
50	AMENDED COMPLAINT with Jury Demand against All Defendants filed by Johnny Duncan.(ijg) (Entered: 02/01/2016)	Jan. 28, 2016	Jan. 28, 2016 Clearinghouse
51	Request of Summons Issued as to Patricia Hughes-Sims, Tangipahoa Parish Board of Election Supervisors filed by Johnny Duncan re 50 Amended Complaint. (ijg) (Entered: 02/01/2016)	Jan. 28, 2016	Jan. 28, 2016 PACER
52	MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(1) by Louisiana Secretary of State, Louisiana State, Tom Schedler. Motion(s) will be submitted on 3/9/2016. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Notice of Submission)(Dufrene, Kathryn) (Entered: 02/08/2016) 1 Memorandum in Support View on RECAP 2 Proposed Order View on RECAP 3 Notice of Submission (Civil Only) View on RECAP	Feb. 8, 2016	Feb. 8, 2016 Clearinghouse
53	MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) by Louisiana Secretary of State, Louisiana State, Tom Schedler. Motion(s) will be submitted on 3/9/2016. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Notice of Submission)(Dufrene, Kathryn) (Entered: 02/08/2016) 1 Memorandum in Support View on RECAP 2 Proposed Order View on RECAP 3 Notice of Submission (Civil Only) View on RECAP	Feb. 8, 2016	Feb. 8, 2016 Clearinghouse
54	Second MOTION to Dismiss Party Tangipahoa Parish by Tangipahoa Parish. Motion(s) will be submitted on 2/24/2016. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Galbraith, Glen) (Entered: 02/08/2016)	Feb. 8, 2016	Feb. 8, 2016 PACER
55	ORDER re 50 Amended Complaint filed by Johnny Duncan, Ordered that the Motions to Dismiss 30 32 34 are Dismissed as Moot. Further Ordered that the submission dates on the other pending Motions to Dismiss 27 28 29 54 are continued to 3/9/2016 as set forth in document. Signed by Judge Ivan L.R. Lemelle on 2/10/2016.(ijg) (Entered: 02/11/2016)	Feb. 11, 2016	Feb. 11, 2016 Clearinghouse
56	Summons Issued as to Patricia Hughes-Sims, Tangipahoa Parish Board of Election Supervisors. (Attachments: # 1 Summons)(jjs) (Entered: 02/19/2016)	Feb. 19, 2016	Feb. 19, 2016 PACER
57	Supplemental Memorandum filed by Julian Dufreche, Tangipahoa Parish Clerk of Court Office, in Support of 29 MOTION to Dismiss for Failure to State a Claim, Rule 12(f) Motion to Strike and Rule 12(b)(1) Motion to Dismiss for Lack of Subject Matter Jurisdiction. (Huval, Thomas) (Entered: 02/23/2016)	Feb. 23, 2016	Feb. 23, 2016 Clearinghouse
58	RESPONSE/MEMORANDUM in Opposition filed by Johnny Duncan re 29 MOTION to Dismiss for Failure to State a Claim . (ijg) (Entered: 03/07/2016)	March 2, 2016	March 2, 2016 Clearinghouse
59	RESPONSE/MEMORANDUM in Opposition filed by Johnny Duncan re 53 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(1). (ijg) (Entered: 03/07/2016)	March 2, 2016	March 2, 2016 Clearinghouse
60	RESPONSE/MEMORANDUM in Opposition filed by Johnny Duncan re 54 Second MOTION to Dismiss Party Tangipahoa Parish . (ijg) (Entered: 03/07/2016)	March 2, 2016	March 2, 2016 Clearinghouse
61	ERROR - DUPLICATE FILING - RESPONSE/MEMORANDUM in Opposition filed by Johnny Duncan re 54 Second MOTION to Dismiss Party Tangipahoa Parish . (ijg) Modified on 3/7/2016 (ijg). (Entered: 03/07/2016)	March 2, 2016	March 2, 2016 PACER
62	Correction of Docket Entry by Clerk re 61 Response/Memorandum in Opposition to Motion; Filed in Error by Clerk; Duplicate of record document number 60 . (ijg) (Entered: 03/07/2016)	March 7, 2016	March 7, 2016 PACER
	Correction of Docket Entry by Clerk	March 7, 2016	March 7, 2016 PACER
63	SUMMONS Returned Executed; Tangipahoa Parish Board of Election Supervisors served on 3/21/2016, answer due 4/11/2016. (ijg) (Entered: 04/01/2016)	March 31, 2016	March 31, 2016 PACER
64	EXPARTE/CONSENT MOTION for Extension of Time to Answer re 50 Amended Complaint by Tangipahoa Parish Board of Election Supervisors. (Attachments: # 1 Proposed Order)Attorney Angelique Duhon Freel added to party Tangipahoa Parish Board of Election Supervisors(pty:dft).(Freel, Angelique) Modified on 4/8/2016 (ijg). (Entered: 04/08/2016)	April 8, 2016	April 8, 2016 PACER
	Correction of Docket Entry by Clerk	April 8, 2016	April 8, 2016 PACER
65	Correction of Docket Entry by Clerk re 64 MOTION for Extension of Time to Answer; Filing attorney incorrectly linked document to document 63 Summons Returned Executed; Clerk properly linked document to document 50 Amended Complaint. (ijg) (Entered: 04/08/2016)	April 8, 2016	April 8, 2016 PACER
66	ORDER granting 64 Motion for Extension of Time to Answer re 50 Amended Complaint as to Tangipahoa Parish Board of Election Supervisors as set forth in document. Signed by Judge Ivan L.R. Lemelle. (ijg) (Entered: 04/11/2016)	April 11, 2016	April 11, 2016 PACER
67	ORDER AND REASONS dismissing 52 Motion to Dismiss for Lack of Jurisdiction; granting 53 Motion to Dismiss for Failure to State a Claim; granting 54 Motion to Dismiss Party; dismissing 27 Motion to Dismiss for Lack of Jurisdiction; granting 28 Motion to Dismiss for Failure to State a Claim; granting in part and dismissing in part 29 Motion to Dismiss for Failure to State a Claim. Signed by Judge Ivan L.R. Lemelle. (ijg)	April 13, 2016	April 13, 2016 Clearinghouse
68	MOTION to Dismiss Case pursuant to 12(b)(1) and 12(b)(6), by Patricia Hughes-Sims, Tangipahoa Parish Board of Election Supervisors. Motion(s) will be submitted on 5/25/2016. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)Attorney Angelique Duhon Freel added to party Patricia Hughes-Sims(pty:dft).(Freel, Angelique) Modified text on 5/3/2016 (mmv). (Entered: 05/02/2016) 1 Memorandum in Support View on RECAP 2 Notice of Submission (Civil Only) View on RECAP	May 2, 2016	May 2, 2016 Clearinghouse
69	SUMMONS Returned Executed; Patricia Hughes-Sims served on 4/22/2016, answer due 5/13/2016. (ijg) (Entered: 05/24/2016)	May 20, 2016	May 20, 2016 PACER
70	ORDER AND REASONS Granting 68 Motion to Dismiss Case for Failure to State a Claim. Signed by Judge Ivan L.R. Lemelle. (ijg) (Entered: 05/26/2016)	May 26, 2016	May 26, 2016 Clearinghouse
71	JUDGMENT entered in favor of all defendants and against plaintiff, Johnny Duncan. Signed by Judge Ivan L.R. Lemelle.(ijg) (Entered: 05/26/2016)	May 26, 2016	May 26, 2016 Clearinghouse
72	EXPARTE/CONSENT MOTION to Substitute Attorney. Attorney Michael Keller to be substituted in place of E. Wade Shows, John C. Walsh, Grant J. Guillot, and Kathryn A. Dufrene by Louisiana Secretary of State, Louisiana State, Tom Schedler. (Attachments: # 1 Proposed Order)(Shows, Edmond) (Entered: 06/17/2016)	June 17, 2016	June 17, 2016 PACER
73	ORDER granting 72 Motion to Substitute Attorney. Added attorney Michael Courtney Keller for Louisiana Secretary of State, Louisiana State, and for Tom Schedler. Attorneys Edmond W. Shows; John C. Walsh; Kathryn Amelia Dufrene and Grant Joseph Guillot are withdrawn as counsel of record. Signed by Judge Ivan L.R. Lemelle. (ijg) (Entered: 06/21/2016)	June 21, 2016	June 21, 2016 PACER

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Case Details

State / Territory: Louisiana

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Oct. 27, 2015

Closing Date: May 26, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An individual who alleged that he was denied the right to vote in the primary election on October 24, 2015, despite the fact that he presented two forms of government identification.

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Louisiana, State

Tangipahoa Parish Council, County

Tangipahoa Parish Clerk of Court Office, County

Tangipahoa Parish Registrar of Voters Office, County

Tangipahoa Parish Registrar of Voters, County

Louisiana Secretary of State, State

Defendant Type(s):