Case: Prisoners Legal Advocacy Network v. Carney

1:23-cv-01397 | U.S. District Court for the District of Delaware

Filed Date: Dec. 7, 2023

Closed Date: Aug. 23, 2024

Clearinghouse coding complete

Case Summary

In this case, a prisoners' advocacy group argues that the State of Delaware failed to provide eligible inmates with an opportunity to vote. On December 7, 2023, the Prisoners Legal Advocacy Network ("PLAN") filed in the U.S. District Court for the District of Delaware against the governor of Delaware and the officials in charge of the Delaware Department of Corrections ("DDOC") and the Delaware Department of Elections ("DDOE"). The plaintiff alleged that a 2022 Delaware Supreme Court opinion wo…

In this case, a prisoners' advocacy group argues that the State of Delaware failed to provide eligible inmates with an opportunity to vote.

On December 7, 2023, the Prisoners Legal Advocacy Network ("PLAN") filed in the U.S. District Court for the District of Delaware against the governor of Delaware and the officials in charge of the Delaware Department of Corrections ("DDOC") and the Delaware Department of Elections ("DDOE"). The plaintiff alleged that a 2022 Delaware Supreme Court opinion would prevent pretrial detainees and misdemeanor inmates — who are eligible to vote in Delaware — from voting absentee. Because Delaware prisons do not provide in-person voting, those eligible voters lacked a meaningful ability to vote.

The plaintiff asserted two counts under 42 U.S.C. § 1983: (1) that Delaware denied prisoners their fundamental right to vote in violation of the First and Fourteenth Amendments to the U.S. Constitution, and (2) that Delaware engaged in unconstitutional discrimination in violation of the Equal Protection Clause. The plaintiff sought declaratory and injunctive relief (in the form of in-person voting opportunities), damages, and attorneys' fees. The ACLU of Delaware and the national ACLU joined the suit on the side of the plaintiff. The case was initially assigned to District Judge Maryellen Noreika but was reassigned to District Judge Jennifer L. Hall on January 9, 2024.

In its complaint, the plaintiff argued that the Delaware Supreme Court's opinion in Albence v. Higgin, 295 A.3d 1065, would bar inmates from voting absentee. That case was a challenge to a Delaware law allowing all citizens to vote absentee. The Delaware Supreme Court held that absentee voting was only allowed for the categories of persons listed in the Delaware Constitution. Before the Delaware legislature attempted to extend absentee voting to all voters, Delaware prisoners could vote absentee under the "Business or Occupation" reason found in the Delaware Constitution. The plaintiffs contended that the Delaware Supreme Court's strict interpretation in Higgin endangered prisoners' ability to vote absentee under that provision and — because Delaware does not provide for in-person voting for inmates — that would endanger eligible prisoners' ability to vote.

On December 15, 2023, the plaintiff moved for a preliminary injunction to ensure that eligible Delaware prisoners were able to vote. The defendants filed their answering brief on February 16, 2024. They argued that the plaintiffs lacked standing and were unlikely to succeed on the merits. Specifically, the defendants noted that DDOC and DDOE have not interpreted Higgin as preventing eligible prisoners from voting absentee — Higgin limited the reasons to vote absentee to those enumerated in the Delaware Constitution, which includes the "Business or Occupation" reason that Delaware inmates have long used.

The parties held oral arguments on April 19, 2024. On June 6, 2024, Judge Hall issued an oral order requiring the parties to file supplemental briefs on: (1) Whether the plaintiffs have standing, and therefore whether the court has subject matter jurisdiction, and (2) if the court has subject matter jurisdiction, whether the court should certify a question to the Delaware Supreme Court. At the April hearing, Judge Hall noted that no Delaware court had interpreted Higgin to limit prisoners' ability to vote absentee and proposed certifying to the Delaware Supreme Court the question of whether prisoners can vote absentee under the Delaware Constitution. The plaintiff opposed certification; the defendants supported it.

Summary Authors

Quin Zapoli (9/11/2026)

Jinan Abufarha (9/14/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68071307/parties/prisoners-legal-advocacy-network-v-carney/

Judge(s)

Attorney for Plaintiff

Bensing, Dwayne Julian (Delaware)

Bernstein, Andrew (Delaware)

Blackman, Godfre O. (Delaware)

DiBenedetto, Emily (Delaware)

Francis, Aaron M. (Delaware)

Attorney for Defendant

Judge(s)

Hall, Jennifer L. (Delaware)

Attorney for Plaintiff

Bensing, Dwayne Julian (Delaware)

Bernstein, Andrew (Delaware)

Blackman, Godfre O. (Delaware)

DiBenedetto, Emily (Delaware)

Francis, Aaron M. (Delaware)

Hibbard, Stephen D. (Delaware)

Keller, Karen Elizabeth (Delaware)

Lakin, Sophia L. (Delaware)

Lebowich, Michael J. (Delaware)

Morrison, Dixie M. (Delaware)

Smith, Casey K. (Delaware)

Topaz, Jonathan S. (Delaware)

Victor, Seth H. (Delaware)

Attorney for Defendant

Kelly, Lynn A. (Delaware)

Mayer, Julia Christina (Delaware)

Shen, Zi-Xiang (Delaware)

Wan, Kenneth Lee-Kay (Delaware)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:23-cv-01397	Complaint	Dec. 7, 2023	Dec. 7, 2023 Complaint
10 1:23-cv-01397	Opening Brief In Support Of Plaintiff’s Motion For Early Preliminary Injunction Hearing Date, Preliminary Injunction, And Temporary Restraining Order	Dec. 15, 2023	Dec. 15, 2023 Pleading / Motion / Brief
36 1:23-cv-01397	Transcript	Oct. 27, 2024	Oct. 27, 2024 Transcript

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/68071307/prisoners-legal-advocacy-network-v-carney/

Last updated Sept. 11, 2026, 11:36 a.m.

Docket for: Prisoners Legal Advocacy Network v. Carney

ECF Number	Date	Description	Link
1	Dec. 7, 2023	COMPLAINT filed against Anthony J. Albence, John Carney, and Terra Taylor (Filing fee $ 405, receipt number ADEDC-4289512.) - filed by Prisoners Legal Advocacy Network. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Civil Cover Sheet) (mkr) (Entered: 12/07/2023) 1 Exhibit 1 View on RECAP 2 Exhibit 2 View on RECAP 3 Exhibit 3 View on RECAP 4 Exhibit 4 View on RECAP 5 Exhibit 5 View on RECAP 6 Exhibit 6 View on RECAP 7 Exhibit 7 View on RECAP 8 Exhibit 8 View on RECAP 9 Exhibit 9 View on RECAP 10 Exhibit 10 View on RECAP 11 Exhibit 11 View on RECAP 12 Exhibit 12 View on RECAP 13 Exhibit 13 View on RECAP 14 Exhibit 14 View on RECAP 15 Exhibit 15 View on RECAP 16 Exhibit 16 View on RECAP 17 Exhibit 17 View on RECAP 18 Exhibit 18 View on RECAP 19 Exhibit 19 View on RECAP 20 Exhibit 20 View on RECAP 21 Exhibit 21 View on RECAP 22 Exhibit 22 View on RECAP 23 Exhibit 23 View on RECAP 24 Exhibit 24 View on RECAP 25 Exhibit 25 View on RECAP 26 Exhibit 26 View on RECAP 27 Exhibit 27 View on RECAP 28 Exhibit 28 View on RECAP 29 Civil Cover Sheet View on RECAP	Clearinghouse
2	Dec. 7, 2023	Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mkr) (Entered: 12/07/2023)	RECAP
3	Dec. 7, 2023	Summons Issued as to Anthony J. Albence on 12/7/2023; John Carney on 12/7/2023; and Terra Taylor on 12/7/2023. (Attachments: # 1 Summons Issued, # 2 Summons Issued) (mkr) (Entered: 12/07/2023) 1 Summons Issued View on RECAP 2 Summons Issued View on RECAP	RECAP
4	Dec. 7, 2023	Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Prisoners Legal Advocacy Network. (vfm) (Entered: 12/08/2023)	RECAP
5	Dec. 11, 2023	SUMMONS Returned Executed by Prisoners Legal Advocacy Network.John Carney served on 12/8/2023, answer due 12/29/2023. (Keller, Karen) (Entered: 12/11/2023)	RECAP
6	Dec. 11, 2023	SUMMONS Returned Executed by Prisoners Legal Advocacy Network.Terra Taylor served on 12/8/2023, answer due 12/29/2023. (Keller, Karen) (Entered: 12/11/2023)	RECAP
7	Dec. 11, 2023	SUMMONS Returned Executed by Prisoners Legal Advocacy Network.Anthony J. Albence served on 12/11/2023, answer due 1/2/2024. (Keller, Karen) (Entered: 12/11/2023)	RECAP
	Dec. 13, 2023	Case Assigned/Reassigned
	Dec. 13, 2023	Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb)
8	Dec. 14, 2023	NOTICE of Appearance by Dwayne Julian Bensing on behalf of Prisoners Legal Advocacy Network (Bensing, Dwayne) (Entered: 12/14/2023)	RECAP
9	Dec. 15, 2023	MOTION for Early Preliminary Injunction Hearing Date, Preliminary Injunction, and Temporary Restraining Order - filed by Prisoners Legal Advocacy Network. (Attachments: # 1 Text of Proposed Order)(DiBenedetto, Emily) Modified on 12/15/2023 (mdb). (Entered: 12/15/2023) 1 Text of Proposed Order View on RECAP	RECAP
10	Dec. 15, 2023	OPENING BRIEF in Support re 9 MOTION for Early Preliminary Injunction Hearing Date, Preliminary Injunction, and Temporary Restraining Order filed by Prisoners Legal Advocacy Network.Answering Brief/Response due date per Local Rules is 12/29/2023. (DiBenedetto, Emily) Modified on 12/15/2023 (mdb). (Entered: 12/15/2023)	Clearinghouse
11	Dec. 15, 2023	DECLARATION of Emily S. DiBenedetto re 10 Opening Brief in Support of Plaintiff's Motion for Early Preliminary Injunction Hearing Date, Preliminary Injunction, and Temporary Restraining Order by Prisoners Legal Advocacy Network. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24)(DiBenedetto, Emily) Modified on 12/15/2023 (mdb). (Entered: 12/15/2023) 1 Exhibit 1 View on RECAP 2 Exhibit 2 View on RECAP 3 Exhibit 3 View on RECAP 4 Exhibit 4 View on RECAP 5 Exhibit 5 View on RECAP 6 Exhibit 6 View on RECAP 7 Exhibit 7 View on RECAP 8 Exhibit 8 View on RECAP 9 Exhibit 9 View on RECAP 10 Exhibit 10 View on RECAP 11 Exhibit 11 View on RECAP 12 Exhibit 12 View on RECAP 13 Exhibit 13 View on RECAP 14 Exhibit 14 View on RECAP 15 Exhibit 15 View on RECAP 16 Exhibit 16 View on RECAP 17 Exhibit 17 View on RECAP 18 Exhibit 18 View on RECAP 19 Exhibit 19 View on RECAP 20 Exhibit 20 View on RECAP 21 Exhibit 21 View on RECAP 22 Exhibit 22 View on RECAP 23 Exhibit 23 View on RECAP 24 Exhibit 24 View on RECAP	RECAP
12	Dec. 20, 2023	MOTION for Pro Hac Vice Appearance of Attorney Jonathan Topaz, Casey Smith, Sophia Lin Lakin, Stephen D. Hibbard, Aaron M. Francis, Seth H. Victor, Dixie M. Morrison, Michael J. Lebowich and Godfre O. Blackman - filed by Prisoners Legal Advocacy Network. (DiBenedetto, Emily) (Entered: 12/20/2023)	RECAP
13	Dec. 20, 2023	Summons Issued as to Attorney General for the State of Delaware. (smg) (Entered: 12/20/2023)	RECAP
	Dec. 20, 2023	SO ORDERED
	Dec. 20, 2023	SO ORDERED re 12 MOTION for Pro Hac Vice Appearance of Attorney Jonathan Topaz, Casey Smith, Sophia Lin Lakin, Stephen D. Hibbard, Aaron M. Francis, Seth H. Victor, Dixie M. Morrison, Michael J. Lebowich and Godfre O. Blackman filed by Prisoners Legal Advocacy Network. ORDERED by Judge Maryellen Noreika on 12/20/2023. (dlw)
14	Dec. 21, 2023	SUMMONS Returned Executed on December 21, 2023 as to Attorney General - Delaware Department of Justice. (DiBenedetto, Emily) (Entered: 12/21/2023)	RECAP
	Dec. 21, 2023	Pro Hac Vice Attorneys Casey K. Smith, Jonathan S. Topaz, Sophia L. Lakin, Seth H. Victor, Stephen D. Hibbard, Aaron M. Francis, Michael J. Lebowich, Godfre O. Blackman, and Dixie M. Morrison for Prisoners Legal Advocacy Network added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)
	Dec. 21, 2023	Add Attorneys - PHV only
	Jan. 9, 2024	Case Assigned/Reassigned
	Jan. 9, 2024	Case Reassigned to Judge Jennifer L. Hall. Please include the initials of the Judge (JLH) after the case number on all documents filed. (rjb)
15	Jan. 12, 2024	STIPULATION Governing Response to Complaint and Motion by Prisoners Legal Advocacy Network. (Keller, Karen) (Entered: 01/12/2024)	RECAP
16	Jan. 17, 2024	NOTICE of Appearance by Zi-Xiang Shen on behalf of Anthony J. Albence, John Carney, Terra Taylor (Shen, Zi-Xiang) (Entered: 01/17/2024)	RECAP
17	Jan. 17, 2024	NOTICE of Appearance by Kenneth Lee-Kay Wan on behalf of Anthony J. Albence, John Carney, Terra Taylor (Wan, Kenneth) (Entered: 01/17/2024)	RECAP
18	Jan. 17, 2024	SO ORDERED, re 15 Stipulation Governing Response to Complaint and Motion. (* Set Briefing Schedule re 9 MOTION for Early Preliminary Injunction Hearing Date, Preliminary Injunction, and Temporary Restraining Order: Answering Brief due 2/16/2024; Reply Brief due 3/8/2024). Ordered by Judge Jennifer L. Hall on 1/17/2024. (ceg) (Entered: 01/17/2024)	RECAP
19	Jan. 17, 2024	ORAL ORDER Setting Hearing on Motion: A hearing on the pending Motion for Early Preliminary Injunction Hearing Date, Preliminary Injunction, and Temporary Restraining Order (D.I. 9 ) is scheduled for April 19, 2024 at 01:00 PM in Courtroom 6D before Judge Jennifer L. Hall. Ordered by Judge Jennifer L. Hall on 1/17/2024. (ceg) (Entered: 01/17/2024)	RECAP
	Jan. 17, 2024	Order Setting Hearing on Motion
20	Feb. 6, 2024	NOTICE of Appearance by Andrew Bernstein on behalf of Prisoners Legal Advocacy Network (Bernstein, Andrew) (Entered: 02/06/2024)	RECAP
	Feb. 6, 2024	- CORRECTING ENTRY
	Feb. 6, 2024	CORRECTING ENTRY: D.I. 20 has been previously deleted per counsels request. Counsel will re-file with the correct name listed in the Notice of Appearance docket text. (apk)
21	Feb. 16, 2024	ANSWERING BRIEF in Opposition re 9 MOTION for Early Preliminary Injuction Hearing Date MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Anthony J. Albence, John Carney, Terra Taylor. Reply Brief due date per Stipulation at 18 is 3/8/2024. (Shen, Zi-Xiang) Modified on 2/20/2024 (ceg). (Entered: 02/16/2024)	RECAP
22	Feb. 20, 2024	DECLARATION of Anthony J. Albencere re 21 Answering Brief in Opposition, by Anthony J. Albence, John Carney, Terra Taylor. (Shen, Zi-Xiang) Modified on 2/20/2024 (ceg). (Additional attachment(s) added on 2/20/2024: # 1 Exhibits E-G) (ceg). (Entered: 02/20/2024) 1 Exhibits E-G View on RECAP	RECAP
23	Feb. 20, 2024	DECLARATION of Terra Taylor re 21 Answering Brief in Opposition, by Anthony J. Albence, John Carney, Terra Taylor. (Shen, Zi-Xiang) Modified on 2/20/2024 (ceg). (Additional attachment(s) added on 2/20/2024: # 1 Exhibits A-D) (ceg). (Entered: 02/20/2024) 1 Exhibits A-D View on RECAP	RECAP
24	Feb. 20, 2024	Exhibit to a Document	RECAP
	Feb. 20, 2024	- CORRECTING ENTRY
	Feb. 20, 2024	CORRECTING ENTRY: The declarations and their exhibits filed as attachments to the brief at D.I. 21 have been removed. Briefs and declarations are to be filed independent of each other. The declarations are to be refiled at new transaction numbers. (ceg)
	Feb. 20, 2024	CORRECTING ENTRY: D.I. 24 has been removed from the docket. Exhibits A-D filed at that entry have been added to the filing at D.I. 23 . Exhibits E-G filed at that entry have been added to the filing at D.I. 22 . (ceg)
24	Feb. 23, 2024	MOTION for Zi-Xiang Shen to Withdraw as Attorney - filed by Anthony J. Albence, John Carney, Terra Taylor. (Shen, Zi-Xiang) (Entered: 02/23/2024)	RECAP
	Feb. 23, 2024	Remark
	Feb. 23, 2024	Remark: The filing at D.I. 24 is being treated as a Notice to Withdraw. A motion was not required as the party is still being represented by local counsel. (ceg)
25	March 8, 2024	REPLY BRIEF re 9 MOTION for Early Preliminary Injunction Hearing Date, Preliminary Injunction, and Temporary Restraining Order filed by Prisoners Legal Advocacy Network. (Keller, Karen) Modified on 3/8/2024 (ceg). (Entered: 03/08/2024)	RECAP
26	March 8, 2024	DECLARATION re 25 Reply Brief [Declaration of Paul Stanley Holdorf in Support of Plaintiff's Reply in Support of Its Motion for a Preliminary Injunction] by Prisoners Legal Advocacy Network. (Keller, Karen) (Entered: 03/08/2024)	RECAP
27	April 8, 2024	NOTICE of Appearance by Lynn A. Kelly on behalf of Anthony J. Albence, John Carney, Terra Taylor. (vfm) (Entered: 04/08/2024)	RECAP
	April 18, 2024	Remark
	April 18, 2024	Remark: The hearing on the pending Motion for Early Preliminary Injunction Hearing Date, Preliminary Injunction, and Temporary Restraining Order (D.I. 9) scheduled for April 19, 2024 at 01:00 PM before Judge Hall will be in Courtroom 6C. (ceg)
	April 19, 2024	Motion Hearing
	April 19, 2024	Minute Entry for proceedings held before Judge Jennifer L. Hall - Motion Hearing held on 4/19/2024 re 9 Motion for Early Preliminary Injunction Hearing Date, Preliminary Injunction, and Temporary Restraining Order. (*Court Reporter Stacy Ingram.) (ceg)
28	June 6, 2024	ORAL ORDER: Having reviewed the Complaint (D.I. 1), the briefing on Plaintiff's motion for a preliminary injunction (D.I. 9-11, 21-23, 25-26), and the relevant case law, and having held a hearing on April 19, 2024, the Court has concerns about Plaintiff's standing and whether the Court has subject matter jurisdiction over this case. The Court also has concerns about the fact that Plaintiff's claim to relief rests on a particular interpretation of Delaware state law that is not only contrary to the interpretation of Defendants (who are charged with enforcing that law), it has also never been adopted by any Delaware Court. Because the Court has an independent obligation to ensure that it has subject matter jurisdiction, see Ellison v. American Board of Orthopaedic Surgery, 11 F.4th 200, 20405 (3d Cir. 2021), and because the Delaware Supreme Court has the final say about what the Delaware state constitution and laws require, Plaintiff is HEREBY ORDERED TO SHOW CAUSE (1) why this case should not be dismissed for lack of subject matter jurisdiction because Plaintiff lacks standing; and (2) if the Court does have jurisdiction, why it should not certify a question to the Delaware Supreme Court. Accordingly, on or before June 20, 2024, Plaintiff shall submit a brief addressing (i) whether Plaintiff has an injury-in-fact that is concrete, fairly traceable to Defendants' conduct, and redressable by this Court; and (ii) if Plaintiff does have standing, whether the Court should certify a question of law to the Delaware Supreme Court and how that question should be phrased. Defendants shall file a responsive brief within 14 days thereafter. The parties' briefs shall be no longer than 20 pages, exclusive of supporting evidence (including evidence that Defendants will or will not prosecute eligible incarcerated individuals for voting or attempting to vote by absentee ballot in the 2024 election). Ordered by Judge Jennifer L. Hall on 6/6/2024. (ceg) (Entered: 06/06/2024)	RECAP
	June 6, 2024	Order to Show Cause
29	June 20, 2024	SUPPLEMENTAL BRIEF Addressing Plaintiff's Standing and Certification to the Delaware Supreme Court, filed by Prisoners Legal Advocacy Network. (DiBenedetto, Emily) Modified on 6/20/2024 (ceg). (Entered: 06/20/2024)	RECAP
30	July 5, 2024	Supplemental BRIEF regarding Standing and Certification to the Delaware Supreme Court, filed by Anthony J. Albence, John Carney, Terra Taylor. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kelly, Lynn) Modified on 7/5/2024 (ceg). (Entered: 07/05/2024) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP	RECAP
31	Aug. 12, 2024	NOTICE of Appearance by Julia Christina Mayer on behalf of Anthony J. Albence, John Carney (Mayer, Julia) (Entered: 08/12/2024)	RECAP
32	Aug. 21, 2024	NOTICE of Withdrawal as Counsel by Anthony J. Albence, John Carney, Terra Taylor (Wan, Kenneth) (Entered: 08/21/2024)	RECAP
33	Aug. 22, 2024	ORAL ORDER Setting Teleconference: A teleconference is scheduled for August 23, 2024, at 3:00 PM, at which time the Court intends to issue from the bench its ruling on the pending motion (D.I. 9 ). Oral argument is not needed. The parties shall dial the Court's conference line at (877) 336-1829, access code: 7090640. Ordered by Judge Jennifer L. Hall on 8/22/2024. (ceg) (Entered: 08/22/2024)	RECAP
	Aug. 22, 2024	Order Setting Teleconference
34	Aug. 23, 2024	ORDER: For the reasons stated from the bench today, August 23, 2024, the Court concludes that it lacks subject matter jurisdiction over this action. THEREFORE, IT IS HEREBY ORDERED that this case is DISMISSED without prejudice. (***Civil Case Terminated). Signed by Judge Jennifer L. Hall on 8/23/2024. (ceg) (Entered: 08/23/2024)	RECAP
	Aug. 23, 2024	Telephone Conference
	Aug. 23, 2024	Minute Entry for proceedings held before Judge Jennifer L. Hall - Teleconference held on 8/23/2024. (Court Reporter: Stacy Ingram.) (twk)
35	Oct. 27, 2024	Official Transcript of Hearing held on 04-19-24 before Judge Hall. Court Reporter Stacy Ingram,Email: stacy_ingram@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 11/18/2024. Redacted Transcript Deadline set for 11/27/2024. Release of Transcript Restriction set for 1/27/2025. (Ingram, Stacy) (Entered: 10/27/2024)	RECAP
35	Oct. 27, 2024	Official Transcript of Hearing held on 04-19-24 before Judge Hall. Court Reporter Stacy Ingram,Email: stacy_ingram@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 11/18/2024. Redacted Transcript Deadline set for 11/27/2024. Release of Transcript Restriction set for 1/27/2025. (Ingram, Stacy) (Entered: 10/27/2024)	RECAP
36	Oct. 27, 2024	Official Transcript of Teleconference held on 08-23-2024 before Judge Hall. Court Reporter Stacy Ingram,Email: stacy_ingram@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 11/18/2024. Redacted Transcript Deadline set for 11/27/2024. Release of Transcript Restriction set for 1/27/2025. (Ingram, Stacy) (Entered: 10/27/2024)	Clearinghouse

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Case Details

State / Territory:

Delaware

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: Dec. 7, 2023

Closing Date: Aug. 23, 2024

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoners Legal Advocacy Network (PLAN) is a nonprofit coalition of jailhouse lawyers, attorneys, advocates, and partner organizations that provides legal services and support to incarcerated individuals.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

ACLU National (all projects)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

State of Delaware

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Other Dockets:

District of Delaware 1:23-cv-01397

Available Documents:

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Sought:

Relief Granted:

Source of Relief:

None

Issues

Voting:

Voting: Physical/Effective Access

Recommended Citation

Case Summary of Prisoners Legal Advocacy Network v. Carney, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/45380/ (last updated 9/14/2026).