Filed Date: Nov. 4, 2022
Closed Date: Sept. 4, 2023
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This case alleging election fraud in Oregon.
On November 4, 2022, the pro se plaintiffs commenced this action in the United States District Court for the District of Oregon against officers of the public body of Secretary of State's Elections Office, Clackamas County Clerk's Elections Office, the Secretary of State Elections Office, and the Clackamas County Elections Office. The plaintiffs, two residents and registered voters of Clackamas County, Oregon, alleged that the defendants denied requests to open a complaint and provide a risk limiting audit and/or a full hand recount of original ballots during the May 202 primary elections, which were constitutional violation under the First, Ninth, and Fourteenth Amendments. Plaintiffs filed for money damages, declaratory, and injunctive relief brought pursuant to 18 U.S.C. § 241 & § 242, 42 U.S.C. § 1985, 42 USC§ 1983, The Civil Rights Act of 1964, the First, Ninth, and Fourteenth Amendments of the Constitution, and Oregon state law.
On January 17, 2023, the defendants filed a joint motion to dismiss for lack of jurisdiction and failure to state a claim. The defendants alleged that the Court lacked subject-matter jurisdiction for two reasons: the plaintiffs did not allege a particularized injury-in-fact and such alleged injury is not redressable. Additionally, the defendants argued that the plaintiffs’ claims were not civil claims but rather respondeat superior and claims made under criminal statutes and the plaintiffs had failed to allege the necessary facts to meet the elements of such claims.
On June 30, 2023, the Court issued its findings and recommendations report that included a recommendation that the district judge grant defendants’ motion to dismiss.
On September 4, 2023, the Court issued an order stating that the plaintiffs timely filed objections to the Magistrate Judge’s findings and recommendations; however, the Court carefully considered plaintiffs’ objections and concluded that there is no basis to modify the Findings and Recommendation therein. The Court adopted Magistrate Judge Beckerman’s Findings and Recommendations and the Court granted defendants’ joint motion to dismiss. On September 4, 2023, the Court issued a judgment stating the action is dismissed with prejudice and that pending motions are denied as moot.
On January 3, 2024, the plaintiffs filed a notice of appeal in the United States Court of Appeals for the Ninth Circuit.
On January 18, 2024, the United States Court of Appeals for the Ninth Circuit issued an order stating that the Court lacked jurisdiction over the appeal because the January 3, 2024 notice of appeal was not filed in the district court within 30 days after the district court’s judgment was entered on September 5, 2023. The order concluded that the appeal was dismissed for lack of jurisdiction.
On October 23, 2024, the plaintiffs filed a letter stating that a petition for a writ of certiorari was filed with the Supreme Court of the United States on August 26, 2024.
On November 19, 2024, the Supreme Court of the United States denied plaintiffs’ petition for a writ of certiorari. Seemingly, this case is now closed.
Summary Authors
Leilani Argersinger (1/22/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/65699783/parties/wong-v-fagan/
Beckerman, Stacie F. (Oregon)
Hindman-Allen, Dana (Oregon)
Foreman, Sarah D. (Oregon)
Marshall, Brian Simmonds (Oregon)
Patel, Bijal C (Oregon)
See docket on RECAP: https://www.courtlistener.com/docket/65699783/wong-v-fagan/
Last updated March 23, 2025, 9:04 a.m.
State / Territory: Oregon
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: Nov. 4, 2022
Closing Date: Sept. 4, 2023
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Plaintiffs Mei Wong and Dana Hindman-Allen are both residents of Clackamas County, Oregon, U.S. citizens, and registered voters in the State of Oregon.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: Yes
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Clackamas County Clerk's Office, County
Case Details
Causes of Action:
Civil Rights Act of 1957/1960, 52 U.S.C. § 10101 (previously 42 U.S.C. § 1971)
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
Voting: