Case: Grey v. Jacobsen

9:22-cv-00082 | U.S. District Court for the District of Montana

Filed Date: April 26, 2022

Closed Date: Nov. 18, 2022

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Case Summary

This case is about a resident and voter in Montana asserting generalized grievances relating to the State’s use of a voting system that scans paper ballots and asserting that the State has deprived him of rights granted under state law, namely the right to vote and the right to representation. On April 26, 2022, the pro se plaintiff commenced this action in the United States District Court for the District of Montana and argued that because the voters were not present to review the third-party …

This case is about a resident and voter in Montana asserting generalized grievances relating to the State’s use of a voting system that scans paper ballots and asserting that the State has deprived him of rights granted under state law, namely the right to vote and the right to representation.

On April 26, 2022, the pro se plaintiff commenced this action in the United States District Court for the District of Montana and argued that because the voters were not present to review the third-party changes to their paper ballots, voters rights were violated by the Montana Secretary of State because she authorized the use of the Election Systems & Software ("ES&S") election system. The plaintiff requested that the Court issue an order to (i) compel the Montana Secretary of State and Sanders County Elections Director to decertify the ES&S election systems and replace them with secure systems, (ii) grant plaintiff compensatory and punitive damages for deprivation of rights, (iii) compel the Sanders County Elections Director to cease and desist using any voting machines that allow adjudication,  and (iv) issue a declaratory judgment that defendants did conspire to deprive voters of the constitutionally secured right to equal protection, the right to vote and the right to representation.

On May 17, 2022, the defendant Election Systems & Software, LLC filed a motion to dismiss for lack of subject-matter jurisdiction and failure to state a claim upon which relief can be granted.

On June 14, 2022, the defendant Secretary of State Christi Jacobsen filed a motion to dismiss for failure to plead facts which establish standing to bring an action. The defendant also concurrently filed a supporting brief for this motion.

On August 4, 2022, the plaintiff filed an amended complaint.

In response, on August 18, 2022, the defendant Election Systems & Software, LLC filed another motion to dismiss the plaintiff’s amended complaint for lack of subject-matter jurisdiction and failure to state a claim upon which relief can be granted. Several days later, on August 29, 2022, the defendant Secretary of State  filed a notice of late filing and motion to dismiss for plaintiff’s failure to plead facts that establish standing to bring suit.

On October 17, 2022, the Court issued an order stating that the plaintiff failed to demonstrate that he had suffered an injury in fact and a suit alleging generalized grievances fails for lack of standing. Additionally, the Court determined that the plaintiff failed to allege that he is a Montana resident or voter or even personally voted in the 2020 Election in Montana or that the voting machines “adjudication” function even resulted in a change to his ballot. The Court found that the plaintiff’s generic pleading contained insufficient generalized grievances that proved insufficient to establish standing and the Court ordered the defendants’ motions to dismiss granted and on November 22, 2022, the Court entered its judgment dismissing the matter. This case is now closed.

Summary Authors

Leilani Argersinger (2/13/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63265389/parties/grey-v-jacobsen/


Judge(s)

Morris, Brian Matthew (Montana)

Attorney for Plaintiff

Grey, Zane (Montana)

Attorney for Defendant

Bonilla, Gregory L. (Montana)

Higgins, Mark F. (Montana)

Shaw, Adam M. (Montana)

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Documents in the Clearinghouse

Document
1

9:22-cv-00082

Complaint under Title 42 USC § 1983, et seq.

April 26, 2022

April 26, 2022

Complaint
7

9:22-cv-00082

Defendant Election Systems & Software, LLC's Motion to Dismiss

May 17, 2022

May 17, 2022

Pleading / Motion / Brief
20

9:22-cv-00082

Defendant Secretary of State's Motion to Dismiss

June 14, 2022

June 14, 2022

Pleading / Motion / Brief
25

9:22-cv-00082

Unopposed Motion to Vacate Preliminary Pretrial Conference Order

June 21, 2022

June 21, 2022

Pleading / Motion / Brief
26

9:22-cv-00082

Order

June 21, 2022

June 21, 2022

Order/Opinion
33

9:22-cv-00082

Complaint under Title 42 USC §§ 1983, 1985(3), 1988(a) et seq.

Aug. 4, 2022

Aug. 4, 2022

Complaint
34

9:22-cv-00082

Election Systems & Software, LLC's Motion to Dismiss Plaintiff's Amended Complaint

Aug. 18, 2022

Aug. 18, 2022

Pleading / Motion / Brief
41

9:22-cv-00082

Defendant Secretary of State's Notice of Late Filing and Motion to Dismiss

Aug. 29, 2022

Aug. 29, 2022

Pleading / Motion / Brief
53

9:22-cv-00082

Order

Oct. 17, 2022

Oct. 17, 2022

Order/Opinion

2022 WL 9991648

57

9:22-cv-00082

Defendant Nochol Scribner's Unopposed Motion to Dismiss and Motion to Vacate PPTC

Nov. 11, 2022

Nov. 11, 2022

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63265389/grey-v-jacobsen/

Last updated Oct. 14, 2025, 4:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants, filed by Zane Grey. (KJL)

April 26, 2022

April 26, 2022

Clearinghouse
2

Summons Issued as to All Defendants. Originals given to plaintiff. (KJL)

April 26, 2022

April 26, 2022

PACER
3

SUMMONS Returned Executed by Zane Grey. Election Systems & Software, LLC served on 4/26/2022, answer due 5/17/2022. (KJL)

April 26, 2022

April 26, 2022

PACER
4

NOTICE OF CASE OPENING re [1] Complaint (Attachments: # (1) Consent to Electronic Service) (docket sheet and notice mailed to plaintiff) (MMS)

April 26, 2022

April 26, 2022

PACER

Filing fee: $ 402, receipt number MTX90016954 (KJL)

April 26, 2022

April 26, 2022

5

Proof of Service filed by Zane Grey. Service by summons on 4/28/22. (TAG)

May 2, 2022

May 2, 2022

PACER
6

AFFIDAVIT of Service for summons served on Christi Jacobsen(in her personal capacity), Christi Jacobsen(as the MONTANA SECRETARY OF STATE) on 5/3/22. (TAG)

May 13, 2022

May 13, 2022

PACER
10

ANSWER to [1] Complaint with Jury Demand by Nicole Scribner(as the SANDERS COUNTY ELECTIONS DIRECTOR), Nicole Scribner(in her personal capacity ). (Higgins, Mark)

May 17, 2022

May 17, 2022

PACER
11

NOTICE of Appearance by Mark F. Higgins on behalf of Nicole Scribner(as the SANDERS COUNTY ELECTIONS DIRECTOR), Nicole Scribner(in her personal capacity ) (Higgins, Mark)

May 17, 2022

May 17, 2022

PACER
7

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF SUBJECT-MATTER JURISDICTION Adam M. Shaw appearing for Defendant Election Systems & Software, LLC (Shaw, Adam)

May 17, 2022

May 17, 2022

Clearinghouse
8

Brief/Memorandum in Support re [7] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF SUBJECT-MATTER JURISDICTION filed by Election Systems & Software, LLC. (Shaw, Adam)

May 17, 2022

May 17, 2022

PACER
9

Corporate Disclosure Statement by Election Systems & Software, LLC. (Shaw, Adam)

May 17, 2022

May 17, 2022

PACER
12

MOTION for Extension of Time to File Answer re [1] Complaint Alan Daniel Zackheim appearing for Defendant Christi Jacobsen (Attachments: # (1) Text of Proposed Order) (Zackheim, Alan)

May 20, 2022

May 20, 2022

PACER
13

CONSENT TO ELECTRONIC SERVICE by Plaintiff Zane Grey. (TAG)

May 26, 2022

May 26, 2022

PACER
14

PRO SE REGISTRATION FORM by Plaintiff Zane Grey. (SGN)

May 31, 2022

May 31, 2022

PACER
15

RESPONSE to Motion re [12] MOTION for Extension of Time to File Answer re [1] Complaint filed by Zane Grey. (TAG)

May 31, 2022

May 31, 2022

PACER
16

Pro Se Notice by Zane Grey (Grey, Zane)

June 2, 2022

June 2, 2022

PACER
17

ORDER granting [12] Motion for Extension of Time to Answer re [12] MOTION for Extension of Time to File Answer re [1] Complaint Zane Grey answer due 6/14/2022. Signed by Judge Brian Morris on 6/6/2022. (KAH)

June 6, 2022

June 6, 2022

PACER
18

Pro Se Motion for Extension, by Zane Grey. (Attachments: # (1) attached order) (Grey, Zane)

June 7, 2022

June 7, 2022

PACER
19

ORDER: 18 Pro Se Motion for Extension, by Zane Grey is GRANTED. Plaintiff's responses to ES&S' Motion to Dismiss shall be due on June 17, 2022. Signed by Judge Brian Morris on 6/7/2022. (MMS)

June 7, 2022

June 7, 2022

Clearinghouse
20

MOTION to Dismiss Alan Daniel Zackheim appearing for Defendant Christi Jacobsen (Zackheim, Alan)

June 14, 2022

June 14, 2022

Clearinghouse
21

Brief/Memorandum in Support re [20] MOTION to Dismiss filed by Christi Jacobsen(in her personal capacity). (Zackheim, Alan)

June 14, 2022

June 14, 2022

PACER
22

PRELIMINARY PRETRIAL CONFERENCE ORDER: Preliminary Pretrial Statement due by 7/20/2022. Joint Discovery Plan due by 7/20/2022. Statement of Stipulated Facts due by 7/20/2022. Telephonic Pretrial Conference set for 7/27/2022 at 01:30 PM in Great Falls, MT before Judge Brian Morris. Signed by Judge Brian Morris on 6/15/2022. (SLR)

June 15, 2022

June 15, 2022

PACER

NOTICE OF CORRECTION re 20 MOTION to Dismiss, 21 Brief/Memorandum in Support. Counsel is advised that the correct Division for this case is Missoula, not Helena. This is for future reference; the documents do not need to be refiled. Thank you. (SLR)

June 15, 2022

June 15, 2022

Notice of Correction (Text Only) - MT

June 15, 2022

June 15, 2022

23

Pro Se Motion by Zane Grey (Attachments: # (1) brief) (Grey, Zane)

June 17, 2022

June 17, 2022

PACER
24

Pro Se Brief/Memorandum in Support re [23] Pro Se Motion by Zane Grey, by Zane Grey (Grey, Zane)

June 17, 2022

June 17, 2022

PACER
25

Unopposed MOTION to Vacate [22] Preliminary Pretrial Conference Order, Adam M. Shaw appearing for Defendant Election Systems & Software, LLC (Attachments: # (1) Text of Proposed Order Proposed Order) (Shaw, Adam)

1 Text of Proposed Order Proposed Order

View on PACER

June 21, 2022

June 21, 2022

Clearinghouse
26

ORDER granting 25 Motion to Vacate 25 Unopposed MOTION to Vacate 22 Preliminary Pretrial Conference Order. Signed by Judge Brian Morris on 6/21/2022. (KAH)

June 21, 2022

June 21, 2022

Clearinghouse
27

REPLY to Response to Motion re [7] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF SUBJECT-MATTER JURISDICTION filed by Election Systems & Software, LLC. (Shaw, Adam)

July 1, 2022

July 1, 2022

PACER
28

Pro Se Motion by Zane Grey (Grey, Zane)

July 1, 2022

July 1, 2022

PACER
29

Pro Se Brief/Memorandum in Support re [28] Pro Se Motion by Zane Grey, by Zane Grey (Grey, Zane)

July 1, 2022

July 1, 2022

PACER
30

Pro Se Notice by Zane Grey (Grey, Zane)

July 16, 2022

July 16, 2022

PACER
31

Pro Se Motion by Zane Grey (Attachments: # (1) Exhibit Amended Complaint) (Grey, Zane)

July 25, 2022

July 25, 2022

PACER
32

TEXT ORDER: IT IS HEREBY ORDERED that Plaintiff's Motion to Amend the Complaint [31] is GRANTED. The Clerk of Court shall file Plaintiff's Amended Complaint, (Doc. 31-1). IT IS ALSO ORDERED that Defendants' [7] Motion to Dismiss for Failure to State a Claim and [20] Motion to Dismiss are denied as MOOT. Signed by Judge Brian Morris on 8/4/2022. (SLL)

Aug. 4, 2022

Aug. 4, 2022

33

AMENDED COMPLAINT against All Defendants, filed by Zane Grey. (MMS)

Aug. 4, 2022

Aug. 4, 2022

Clearinghouse

Order on Motion to Dismiss AND Order on Motion to Dismiss for Failure to State a Claim

Aug. 4, 2022

Aug. 4, 2022

34

MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Amended Complaint Adam M. Shaw appearing for Defendant Election Systems & Software, LLC (Shaw, Adam)

Aug. 18, 2022

Aug. 18, 2022

Clearinghouse
35

Brief/Memorandum in Support re [34] MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Amended Complaint filed by Election Systems & Software, LLC. (Shaw, Adam)

Aug. 18, 2022

Aug. 18, 2022

PACER
36

MOTION for Extension of Time to File Answer to Amended Complaint Gregory L. Bonilla appearing for Defendants Nicole Scribner, Nicole Scribner (Bonilla, Gregory)

Aug. 19, 2022

Aug. 19, 2022

PACER
37

Brief/Memorandum in Support re [36] MOTION for Extension of Time to File Answer to Amended Complaint filed by Nicole Scribner(as the SANDERS COUNTY ELECTIONS DIRECTOR), Nicole Scribner(in her personal capacity ). (Bonilla, Gregory)

Aug. 19, 2022

Aug. 19, 2022

PACER
38

TEXT ORDER granting [36] Motion for Extension of Time to Answer re [36] MOTION for Extension of Time to File Answer to Amended Complaint Nicole Scribner(as the SANDERS COUNTY ELECTIONS DIRECTOR) answer due 9/1/2022; Nicole Scribner(in her personal capacity ) answer due 9/1/2022. Signed by Judge Brian Morris on 8/22/2022. (SLL)

Aug. 22, 2022

Aug. 22, 2022

Order on Motion for Extension of Time to Answer

Aug. 22, 2022

Aug. 22, 2022

39

Pro Se Motion by Zane Grey (Grey, Zane)

Aug. 26, 2022

Aug. 26, 2022

PACER
40

Pro Se Brief/Memorandum in Support re [39] Pro Se Motion by Zane Grey, by Zane Grey (Grey, Zane)

Aug. 26, 2022

Aug. 26, 2022

PACER
41

MOTION to Dismiss Alan Daniel Zackheim appearing for Defendant Christi Jacobsen (Zackheim, Alan)

Aug. 29, 2022

Aug. 29, 2022

Clearinghouse
42

Brief/Memorandum in Support re [41] MOTION to Dismiss filed by Christi Jacobsen(in her personal capacity). (Zackheim, Alan)

Aug. 29, 2022

Aug. 29, 2022

PACER
43

Pro Se Motion by Zane Grey (Grey, Zane)

Aug. 31, 2022

Aug. 31, 2022

PACER
44

Pro Se Brief/Memorandum in Support re [43] Pro Se Motion by Zane Grey, by Zane Grey (Grey, Zane)

Aug. 31, 2022

Aug. 31, 2022

PACER
45

Def Nichol Scribner's ANSWER to [33] Amended Complaint by Nicole Scribner(as the SANDERS COUNTY ELECTIONS DIRECTOR), Nicole Scribner(in her personal capacity ). (Higgins, Mark)

Aug. 31, 2022

Aug. 31, 2022

PACER
46

REPLY to Response to Motion re [34] MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Amended Complaint Combined Brief in Opposition to Plaintiff's Motion to Strike filed by Election Systems & Software, LLC. (Shaw, Adam)

Sept. 9, 2022

Sept. 9, 2022

PACER
47

Pro Se Notice Plaintiff's Response to [45] Defendant Scribner's Answer by Zane Grey (Grey, Zane) Modified on 9/30/2022 to add link (ACC).

Sept. 14, 2022

Sept. 14, 2022

PACER
48

Pro Se Notice Plaintiff's Response to ES&S Combined [46] Brief and Reply by Zane Grey (Grey, Zane) Modified on 9/30/2022 to add link (ACC).

Sept. 14, 2022

Sept. 14, 2022

PACER
49

RESPONSE to Motion re [43] Pro Se Motion by Zane Grey filed by Christi Jacobsen(as the MONTANA SECRETARY OF STATE). (Zackheim, Alan)

Sept. 14, 2022

Sept. 14, 2022

PACER

NOTICE OF CORRECTION re 49 Response to Motion. Counsel is again advised that the correct Division for this case is Missoula, not Helena. This is for future reference; the document does not need to be refiled. Thank you. (SLR)

Sept. 15, 2022

Sept. 15, 2022

Notice of Correction (Text Only) - MT

Sept. 15, 2022

Sept. 15, 2022

50

NOTICE OF ISSUE by Election Systems & Software, LLC re [34] MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Amended Complaint, [39] Pro Se Motion by Zane Grey (Shaw, Adam) Modified on 9/16/2022 to clean up text. (SLR).

Sept. 16, 2022

Sept. 16, 2022

PACER
51

Pro Se Motion Plaintiff's Motion for Leave to Recognize and Correct Plaintiff's Error by Zane Grey (Attachments: # (1) Exhibit Motion, # (2) Exhibit Brief, # (3) Exhibit Motion, # (4) Exhibit Brief) (Grey, Zane) Modified on 9/30/2022 to add text (ACC).

Sept. 19, 2022

Sept. 19, 2022

PACER
52

RESPONSE to Motion re [51] Pro Se Motion by Zane Grey filed by Election Systems & Software, LLC. (Shaw, Adam)

Oct. 3, 2022

Oct. 3, 2022

PACER
53

ORDER granting 34 Motion to Dismiss for Lack of Jurisdiction; granting 41 Motion to Dismiss. Signed by Judge Brian Morris on 10/17/2022. (KAH)

Oct. 17, 2022

Oct. 17, 2022

Clearinghouse
54

Order Setting: Telephonic Pretrial Conference set for 11/17/2022 at 01:30 PM in before Judge Brian Morris. The call-in number is as follows: 877-402-9753; access code: 5136505. Signed by Judge Brian Morris on 11/1/2022. (KAH)

Nov. 1, 2022

Nov. 1, 2022

PACER
55

Pro Se Response to Order - MT

Nov. 3, 2022

Nov. 3, 2022

PACER
56

PRELIMINARY PRETRIAL STATEMENT by Nicole Scribner(as the SANDERS COUNTY ELECTIONS DIRECTOR), Nicole Scribner(in her personal capacity ). (Higgins, Mark) (Entered: 11/11/2022)

Nov. 11, 2022

Nov. 11, 2022

PACER
57

Unopposed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Mark F. Higgins appearing for Defendants Nicole Scribner, Nicole Scribner (Attachments: # 1 Exhibit 1) (Higgins, Mark) Modified on 11/14/2022 to change the name of the attachment (SAC). (Entered: 11/11/2022)

1 Errata Email

View on PACER

Nov. 11, 2022

Nov. 11, 2022

RECAP
58

Brief/Memorandum in Support re 57 Unopposed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Nicole Scribner(as the SANDERS COUNTY ELECTIONS DIRECTOR), Nicole Scribner(in her personal capacity ). (Higgins, Mark) (Entered: 11/11/2022)

Nov. 11, 2022

Nov. 11, 2022

PACER
59

TEXT ORDER re 57 Unopposed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Nicole Scribner. IT IS HEREBY ORDERED that the Plaintiff has until Friday, November 18, 2022 to respond to Nicole Scribner's Unopposed Motion to Dismiss For Failure to State a Claim (Doc. 57). Signed by Judge Brian Morris on 11/14/2022. (SLL) (Entered: 11/14/2022)

Nov. 14, 2022

Nov. 14, 2022

60

PRELIMINARY PRETRIAL STATEMENT by Nicole Scribner(as the SANDERS COUNTY ELECTIONS DIRECTOR), Nicole Scribner(in her personal capacity ). (Higgins, Mark) (Entered: 11/14/2022)

Nov. 14, 2022

Nov. 14, 2022

PACER

Order

Nov. 14, 2022

Nov. 14, 2022

61

JOINT DISCOVERY PLAN by Nicole Scribner(as the SANDERS COUNTY ELECTIONS DIRECTOR), Nicole Scribner(in her personal capacity ). (Higgins, Mark) (Entered: 11/16/2022)

Nov. 16, 2022

Nov. 16, 2022

PACER
62

ORDER granting 57 Motion to Dismiss for Failure to State a Claim. Plaintiff Grey's Amended Complaint 33 is dismissed with prejudice. Signed by Judge Brian Morris on 11/22/2022. (MMS)

Nov. 22, 2022

Nov. 22, 2022

Clearinghouse
63

CLERK'S JUDGMENT. (MMS)

Nov. 22, 2022

Nov. 22, 2022

Clearinghouse

Terminate Deadlines and Hearings

June 3, 2024

June 3, 2024

Case Details

State / Territory:

Montana

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: April 26, 2022

Closing Date: Nov. 18, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

a private citizen of Montana.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Christi Jacobsen (Secretary of State) (Helena), State

Christi Jacobsen, Private Entity/Person

Nicole Scribner (Sanders County Elections Director) (Sanders), County

Nicole Scribner, Private Entity/Person

Election Systems & Software, LLC (Nebraska), Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1985

Constitutional Clause(s):

Equal Protection

Other Dockets:

District of Montana 9:22-cv-00082

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Voting:

Election administration

Voting: General & Misc.