Case: Petteway v. Galveston County

3:13-cv-00308 | U.S. District Court for the Southern District of Texas

Filed Date: Aug. 26, 2013

Closed Date: Aug. 31, 2022

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Case Summary

This case concerns the redistricting process in Galveston County, Texas, following the 2010 federal census. Specifically, the case centers around the maps adopted by the county commissioners for the county’s constable and justice of the peace districts on August 19, 2013. In its initial round of redistricting in 2011, the Galveston County Commissioners Court adopted maps that would reduce the number of commissioners court districts electorally controlled by racial minorities from two to one and…

This case concerns the redistricting process in Galveston County, Texas, following the 2010 federal census. Specifically, the case centers around the maps adopted by the county commissioners for the county’s constable and justice of the peace districts on August 19, 2013.

In its initial round of redistricting in 2011, the Galveston County Commissioners Court adopted maps that would reduce the number of commissioners court districts electorally controlled by racial minorities from two to one and reduce the number of justice of the peace and constable districts from eight to five. Those maps were challenged under the Voting Rights Act (VRA) and the U.S. District Court for the Southern District of Texas enjoined the new maps pending preclearance from the U.S. Department of Justice (DOJ) under Section 5 of the VRA. DOJ negotiated a revised commissioners court map with the county but objected to the map adopted for justice of the peace and constable districts. That map was thus enjoined under Section 5 and the court entered an order converting its prior injunction against use of the maps to a permanent injunction.

However, on June 25, 2013, the U.S. Supreme Court issued its opinion in Shelby County v. Holder, which invalidated the preclearance provisions of Section 5. Without the concerns of preclearance, the Galveston County Commissioners Court adopted new maps redistricting its justice of the peace and constable districts. The maps adopted by the commissioners on August 19, 2013, reduced the number of justice of the peace districts from eight to four. In doing so, the commissioners eliminated all but one of the districts that provide an electoral opportunity to Black and Latinos residents.

On August 26, 2013, a group of several Black and Latino residents of Galveston County serving as elected constables and justices of the peace filed suit against the county and the county judge, the county’s lead administrator, in the U.S. District Court for the Southern District of Texas seeking to invalidate the maps. Represented by private counsel, the plaintiffs alleged that the maps violated Section 2 of the Voting Rights Act and constituted intentional discrimination in violation of the Fourteenth and Fifteenth Amendments and a racial gerrymander in violation of the First, Fourteenth and Fifteenth Amendments. 

In their complaint, the plaintiffs noted that since 1992, Black and Latino residents of the county had at least four justice of the peace and constable districts. The plaintiffs also noted that in the decade between 2000-2010, half of the growth in Galveston County’s population was due to an increasing number of racial minorities, primarily the Latino community. Despite this growth, as noted earlier, the 2013 map reduced the number of justice of the peace districts from eight to four and, in doing so, eliminated any Latino opportunity districts and reduced to one the number of Black opportunity districts.

The plaintiffs sought declaratory judgment and requested that the court issue a temporary restraining order and preliminary and permanent injunctions enjoining the defendants from enforcing or giving any effect to the new district boundaries, including from conducting any elections based on them. The plaintiffs also requested that the court grant an order preventing the defendants from altering their election policies, including redistricting, until such changes have been precleared by the court or the U.S. Department of Justice.

The case was assigned to District Judge Gregg Costa, who on October 22, 2013, rejected the plaintiff’s request for a preliminary injunction. The defendants then filed a motion to dismiss on October 29. With the motion pending, Judge Costa held a pretrial conference on January 6, and set the case for trial. A three-day bench trial began January 14, 2014. At the conclusion of the bench trial, Judge Costa gave an oral ruling in favor of the defendants on the vote dilution claim. He then ordered supplemental briefing on the additional claims, which the plaintiffs submitted on January 31, 2014.

Thereafter, the case remained pending with no further substantive occurrences until the plaintiffs filed a motion on January 18, 2022, seeking leave to file a supplemental complaint to challenge the new county commissioners court districts adopted as part of the redistricting process following the 2020 census. Judge Costa issued an order on February 15, 2022, denying the motion. 2022 WL 21727652.

On August 31, 2022, Judge Costa issued a formal ruling on the bench trial that occurred in 2014. In it, he provided his justification for the oral ruling on the vote dilution claim: while the adopted maps reduced the number of majority-minority districts, it increased the percentage of county residents living in a majority-minority district. Notably, the formal ruling also contained newly-issued rulings on the outstanding intent-based claims. Judge Costa also found in the defendants’ favor on these claims. He gave two reasons for finding this way: the maps did not reduce the influence of minority voters and the reduction in the number of districts achieved significant cost savings and brought the caseloads of the justices of the peace more into line with the caseloads in other urban areas. Judge Costa pointed to the fact that the Galveston County Daily News had previously advocated for a reduction in the number of justice of the peace districts, which he claimed demonstrates there were longstanding efficiency concerns. 

Judge Costa officially terminated the case on August 31, 2022, in a final judgement issued alongside the formal ruling. 

Summary Authors

Logan Moore (11/21/2024)

Related Cases

Petteway v. Galveston County, Texas, Southern District of Texas (2011)

Petteway v. Galveston County, Southern District of Texas (2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/61588899/parties/petteway-v-galveston-county-texas/


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Documents in the Clearinghouse

Document
1

3:13-cv-00308

Plaintiffs' Original Complaint

Aug. 26, 2013

Aug. 26, 2013

Complaint
78

3:13-cv-00308

Ruling on Bench Trial

Aug. 31, 2022

Aug. 31, 2022

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/61588899/petteway-v-galveston-county-texas/

Last updated Aug. 7, 2025, 5:40 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-11959164) filed by Roosevelt Henderson, Michael Montez, Derrick Rose, Terry Petteway, Penny Pope, Sonny James. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Civil Cover Sheet)(Dunn, Chad) (Entered: 08/26/2013)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Civil Cover Sheet

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Aug. 26, 2013

Aug. 26, 2013

RECAP
2

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 12/4/2013 at 11:00 AM in Sixth Floor Courtroom before Judge Gregg Costa(Signed by Judge Gregg Costa) Parties notified.(dwilkerson, ) (Entered: 08/28/2013)

Aug. 28, 2013

Aug. 28, 2013

PACER
3

WAIVER OF SERVICE Returned Executed as to Galveston County, Texas served on 8/30/2013, answer due 10/29/2013, filed.(Boemer, Robert) (Entered: 09/17/2013)

Sept. 17, 2013

Sept. 17, 2013

PACER
4

WAIVER OF SERVICE Returned Executed as to Mark Henry served on 8/30/2013, answer due 10/29/2013, filed.(Boemer, Robert) (Entered: 09/17/2013)

Sept. 17, 2013

Sept. 17, 2013

PACER
5

Opposed MOTION to Expedite Trial Setting by Roosevelt Henderson, Sonny James, Michael Montez, Terry Petteway, Penny Pope, Derrick Rose, filed. Motion Docket Date 10/21/2013. (Attachments: # 1 Proposed Order)(Dunn, Chad) (Entered: 09/30/2013)

Sept. 30, 2013

Sept. 30, 2013

PACER
6

ORDER FOR EXPEDITED RESPONSE ; Motion-related deadline set re: 5 Opposed MOTION to Expedite Trial Setting Responses due by 10/9/2013. Scheduling conference reset to October 15, 2013 at 11:00 a.m.(Signed by Judge Gregg Costa) Parties notified.(arrivera, 3) (Entered: 09/30/2013)

Sept. 30, 2013

Sept. 30, 2013

PACER

***Set/Reset Hearings: Initial Conference reset to 10/15/2013 at 11:00 AM in Sixth Floor Courtroom before Judge Gregg Costa (arrivera, 3)

Sept. 30, 2013

Sept. 30, 2013

PACER
7

ADVISORY by Roosevelt Henderson, Sonny James, Michael Montez, Terry Petteway, Penny Pope, Derrick Rose, filed.(Dunn, Chad) (Entered: 10/10/2013)

Oct. 10, 2013

Oct. 10, 2013

PACER
8

NOTICE of Resetting. Parties notified. Initial Conference reset to 10/22/2013 at 10:00 AM in Sixth Floor Courtroom before Judge Gregg Costa, filed. (arrivera, 3) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

PACER
9

Joint CERTIFICATE OF INTERESTED PARTIES by Galveston County, Texas, Mark Henry, filed.(Boemer, Robert) (Entered: 10/16/2013)

Oct. 16, 2013

Oct. 16, 2013

PACER
10

CERTIFICATE OF INTERESTED PARTIES by Terry Petteway, filed.(Baron, Neil) (Entered: 10/21/2013)

Oct. 21, 2013

Oct. 21, 2013

PACER
11

JOINT DISCOVERY/CASE MANAGEMENT PLAN by Terry Petteway, filed.(Baron, Neil) (Entered: 10/21/2013)

Oct. 21, 2013

Oct. 21, 2013

PACER

Minute Entry for proceedings held before Judge Gregg Costa. SCHEDULING CONFERENCE held on 10/22/2013. Plaintiff's Opposed Motion to Expedite Trial Setting (Docket Entry No. 5 ) is granted in part. The Court denies request to issue injunction in the case at this time. Parties to submit to the Court briefing regarding the joinder issue by December 1st. Pltf expert reports due by 11/15/13, Deft expert reports due by 12/20/13. Pretrial filings due by 1/8/2014. Jury Selection 1/14/14 at 1:00 pm. Appearances: Robert Barron Boemer, Chad W Dunn, Neil G Baron.(Court Reporter: H. Hall), filed.(arrivera, 3)

Oct. 22, 2013

Oct. 22, 2013

PACER
12

NOTICE of Appearance by James E. "Trey" Trainor, III on behalf of Galveston County, Texas, filed. (Trainor, James) (Entered: 10/24/2013)

Oct. 24, 2013

Oct. 24, 2013

PACER
13

NOTICE of Appearance by James E. "Trey" Trainor, III on behalf of Mark Henry, filed. (Trainor, James) (Entered: 10/24/2013)

Oct. 24, 2013

Oct. 24, 2013

PACER
14

SCHEDULING ORDER. Jury Trial. Joinder of Parties due by 12/1/2013 Pltf Expert Witness List due by 11/15/2013. Pltf Expert Report due by 11/15/2013. Deft Expert Witness List due by 12/20/2013. Deft Expert Report due by 12/20/2013. Discovery due by 1/14/2014. Joint Pretrial Order due by 1/8/2014. Jury Selection set for 1/14/2014 at 01:00 PM in Sixth Floor Courtroom before Judge Gregg Costa(Signed by Judge Gregg Costa) Parties notified.(dwilkerson, 3) (Entered: 10/24/2013)

Oct. 24, 2013

Oct. 24, 2013

PACER
15

NOTICE of Appearance by Joseph M. Nixon on behalf of Galveston County, Texas, Mark Henry, filed. (Nixon, Joseph) (Entered: 10/25/2013)

Oct. 25, 2013

Oct. 25, 2013

PACER
16

MOTION to Dismiss by Galveston County, Texas, Mark Henry, filed. Motion Docket Date 11/19/2013. (Attachments: # 1 Exhibit Redistricting Order and Maps for JP Pct, # 2 Exhibit Redistricting Maps (higher quality) for JP Pct, # 3 Proposed Order)(Boemer, Robert) (Entered: 10/29/2013)

Oct. 29, 2013

Oct. 29, 2013

RECAP
17

RESPONSE to 16 MOTION to Dismiss filed by Roosevelt Henderson, Sonny James, Michael Montez, Terry Petteway, Derrick Rose. (Attachments: # 1 Proposed Order Order)(Dunn, Chad) (Entered: 11/19/2013)

Nov. 19, 2013

Nov. 19, 2013

PACER
18

NOTICE of Service of Rule 26a(1) Disclosures by Terry Petteway, filed. (Baron, Neil) (Entered: 11/26/2013)

Nov. 26, 2013

Nov. 26, 2013

PACER
19

NOTICE Of Service Of Defendants' Intitial Disclosures Pursuant to FRCP 26(a)(1) by Galveston County, Texas, Mark Henry, filed. (Boemer, Robert) (Entered: 12/02/2013)

Dec. 2, 2013

Dec. 2, 2013

PACER
20

Unopposed MOTION for Dalton L. Oldham to Appear Pro Hac Vice by Galveston County, Texas, Mark Henry, filed. Motion Docket Date 12/26/2013. (Trainor, James) (Entered: 12/04/2013)

Dec. 4, 2013

Dec. 4, 2013

PACER
21

ORDER granting 20 Motion to Appear Pro Hac Vice.(Signed by Judge Gregg Costa) Parties notified.(ltrevino, 3) (Entered: 12/05/2013)

Dec. 5, 2013

Dec. 5, 2013

PACER
22

NOTICE of Service of First Supplemental Rule 26(a)1 Initials Disclosures by Terry Petteway, filed. (Baron, Neil) (Entered: 12/13/2013)

Dec. 13, 2013

Dec. 13, 2013

PACER
23

NOTICE of Setting. Parties notified. Pretrial Conference set for 1/6/2014 at 03:00 PM in by telephone before Judge Gregg Costa, filed. (ccarnew, 3) (Entered: 12/19/2013)

Dec. 19, 2013

Dec. 19, 2013

PACER
24

NOTICE of Resetting. Parties notified. Pretrial Conference reset to 1/6/2014 at 03:15 PM by telephone before Judge Gregg Costa, filed. TIME CHANGE ONLY. (arrivera, 3) (Entered: 01/06/2014)

Jan. 6, 2014

Jan. 6, 2014

PACER

Minute Entry for proceedings held before Judge Gregg Costa. PRETRIAL CONFERENCE held on 1/6/2014. Pretrial filings due by Thursday, January 9, 2014. The Court will allow expert reports to serve as direct examination. The Court sets 15 hour time limit per side for live direct and cross examination. Bench trial scheduled 1/14/14 at 10:00 a.m. Estimated 4 day trial. Appearances:Scott Brazil. Robert Barron Boemer, James Edwin Trainor, III, Joseph M Nixon, Chad W Dunn, Neil G Baron.(Court Reporter: H. Hall), filed.(arrivera, 3)

Jan. 6, 2014

Jan. 6, 2014

PACER
25

Opposed MOTION to Strike Expert Opinions of T. Ransom Cornish by Galveston County, Texas, Mark Henry, filed. Motion Docket Date 1/29/2014. (Trainor, James) (Entered: 01/08/2014)

Jan. 8, 2014

Jan. 8, 2014

PACER
26

Joint Proposed Pretrial Order by Roosevelt Henderson, Sonny James, Michael Montez, Terry Petteway, Penny Pope, Derrick Rose, filed. (Attachments: # 1 Appendix 1 Plaintiff Exhibit List, # 2 Appendix 2 Defendant Exhibit List, # 3 Appendix 3 Plaintiff Witness List, # 4 Appendix 4 Defendant Witness List)(Dunn, Chad) (Entered: 01/09/2014)

Jan. 9, 2014

Jan. 9, 2014

PACER
27

NOTICE of Filing of Expert Report of Thomas Brooks Hofeller, Ph.D. Pursuant to Rule 26(a)(2) of the Federal Rules of Civil Procedure by Galveston County, Texas, Mark Henry, filed. (Attachments: # 1 Exhibit Report of Thomas Brooks Hofeller, Ph.D., # 2 Exhibit Hofeller Report Map 1, # 3 Exhibit Hofeller Report Table 1, # 4 Exhibit Hofeller Report Table 2, # 5 Exhibit Hofeller Report Table 3, # 6 Exhibit Hofeller Report Table 4, # 7 Exhibit Hofeller Report Table 5, # 8 Exhibit Hofeller Report Table 6, # 9 Exhibit Hofeller Report Tables 7 & 8)(Trainor, James) (Entered: 01/09/2014)

Jan. 9, 2014

Jan. 9, 2014

PACER
28

NOTICE of Filing of Expert Report of Thomas L. Brunell, Ph.D. Pursuant to Rule 26(a)(2) of the Federal Rules of Civil Procedure by Galveston County, Texas, Mark Henry, filed. (Attachments: # 1 Exhibit Report of Thomas L. Brunell, Ph.D.)(Trainor, James) (Entered: 01/09/2014)

Jan. 9, 2014

Jan. 9, 2014

PACER
29

NOTICE of Filing of Expert Report of Carl H. Isett Pursuant to Rule 26(a)(2) of the Federal Rules of Civil Procedure by Galveston County, Texas, Mark Henry, filed. (Attachments: # 1 Exhibit Report of Carl H. Isett, # 2 Exhibit A - CV of Carl H. Isett, # 3 Exhibit B - Copy of Doyle data, # 4 Exhibit C - Caseload 2011-2012, # 5 Exhibit D - Staff Needs Analysis, # 6 Exhibit E - 2013-2015 Analysis, # 7 Exhibit F - Constable Budget from Dennard Deposition)(Trainor, James) (Entered: 01/09/2014)

Jan. 9, 2014

Jan. 9, 2014

PACER
30

Witness List by Galveston County, Texas, Mark Henry, filed. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Trainor, James) (Entered: 01/13/2014)

Jan. 13, 2014

Jan. 13, 2014

PACER

Minute Entry for proceedings held before Judge Gregg Costa. First day of BENCH TRIAL held on 1/14/2014. Opening statements. Pltf's case begins. Witnesses: Patrick Doyle; Francisco Pedraza; Thereon Waddell; Ransom Cornish; William Comeaux. Parties to submit objections to exhibit list by tomorrow morning. Bench trial to resume 1/15/14 at 9:00 a.m. Appearances:Scott Brazil; Terry Adams. Robert Barron Boemer, James Edwin Trainor, III, Joseph M Nixon, Dalton L. Oldham, Chad W Dunn, Neil G Baron.(Court Reporter: H. Hall), filed.(arrivera, 3)

Jan. 14, 2014

Jan. 14, 2014

PACER

Minute Entry for proceedings held before Judge Gregg Costa. Second day of BENCH TRIAL held on 1/15/2014. Pltf's case continues. Witnesses: Matt Barreto; Penny Pope; George Korbel; Michael Montez, Roosevelt Henderson, Carlos Garza, Derrick Rose. Court makes ruling on objections to Plaintiff's exhibits as stated on the record. Bench trial to resume 1/16/14 at 9:00 a.m. Appearances:Scott Brazil; Terry Adams.. Robert Barron Boemer, James Edwin Trainor, III, Joseph M Nixon, Dalton L. Oldham, Chad W Dunn, Neil G Baron.(Court Reporter: H. Hall), filed.(arrivera, 3)

Jan. 15, 2014

Jan. 15, 2014

PACER
31

NOTICE of Service by Terry Petteway, filed. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Baron, Neil) (Entered: 01/16/2014)

Jan. 16, 2014

Jan. 16, 2014

PACER
32

Second Exhibit List by Terry Petteway, filed.(Baron, Neil) (Entered: 01/16/2014)

Jan. 16, 2014

Jan. 16, 2014

PACER
33

EXHIBITS by Terry Petteway, filed. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 9, # 5 Exhibit 10, # 6 Exhibit 11-16, # 7 Exhibit 17, # 8 Exhibit 18-20, # 9 Exhibit 21, # 10 Exhibit 22, # 11 Exhibit 23, # 12 Exhibit 24, # 13 Exhibit 25, # 14 Exhibit 26)(Baron, Neil) (Entered: 01/16/2014)

Jan. 16, 2014

Jan. 16, 2014

PACER
34

EXHIBITS by Terry Petteway, filed. (Attachments: # 1 Exhibit 27, # 2 Exhibit 28, # 3 Exhibit 29, # 4 Exhibit 30, # 5 Exhibit 31, # 6 Exhibit 32, # 7 Exhibit 33, # 8 Exhibit 34, # 9 Exhibit 35, # 10 Exhibit 36)(Baron, Neil) (Entered: 01/16/2014)

Jan. 16, 2014

Jan. 16, 2014

PACER
35

EXHIBITS by Terry Petteway, filed. (Attachments: # 1 Exhibit 37, # 2 Exhibit 38, # 3 Exhibit 39, # 4 Exhibit 40, # 5 Exhibit 41, # 6 Exhibit 42, # 7 Exhibit 43, # 8 Exhibit 44, # 9 Exhibit 45, # 10 Exhibit 46-1, # 11 Exhibit 46-2, # 12 Exhibit 46-3, # 13 Exhibit 46-4, # 14 Exhibit 46-5)(Baron, Neil) (Entered: 01/16/2014)

Jan. 16, 2014

Jan. 16, 2014

PACER
36

EXHIBITS by Terry Petteway, filed. (Attachments: # 1 Exhibit 47, # 2 Exhibit 48, # 3 Exhibit 49, # 4 Exhibit 50, # 5 Exhibit 51-1, # 6 Exhibit 51-2, # 7 Exhibit 51-3, # 8 Exhibit 51-4, # 9 Exhibit 51-5, # 10 Exhibit 52, # 11 Exhibit 53, # 12 Exhibit 54, # 13 Exhibit 55, # 14 56)(Baron, Neil) (Entered: 01/16/2014)

Jan. 16, 2014

Jan. 16, 2014

PACER
37

Witness List by Terry Petteway, filed. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Baron, Neil) (Entered: 01/16/2014)

Jan. 16, 2014

Jan. 16, 2014

PACER
38

Witness List by Terry Petteway, filed. (Attachments: # 1 Exhibit F, # 2 Exhibit G, # 3 Exhibit H, # 4 Exhibit I, # 5 Exhibit J)(Baron, Neil) (Entered: 01/16/2014)

Jan. 16, 2014

Jan. 16, 2014

PACER
39

Witness List by Terry Petteway, filed. (Attachments: # 1 Exhibit K, # 2 Exhibit L, # 3 Exhibit M, # 4 Exhibit N, # 5 Exhibit O)(Baron, Neil) (Entered: 01/16/2014)

Jan. 16, 2014

Jan. 16, 2014

PACER
40

Witness List by Terry Petteway, filed. (Attachments: # 1 Exhibit P, # 2 Exhibit Q)(Baron, Neil) (Entered: 01/16/2014)

Jan. 16, 2014

Jan. 16, 2014

PACER

Minute Entry for proceedings held before Judge Gregg Costa. Third day of BENCH TRIAL held on 1/16/2014. Pltfs' case continues. Witnesses: Terry Petteway. Pltfs rest. Court rules on Defts' oral motion for directed verdict as stated on the record. Defts' case begins. Witnesses: Ryan Dennard; Tom Hofeller; Toni Randall; Mark Henry. Defts rests. Closing arguments. The Court will issue an Order setting a deadline for parties to submit additional legal briefing. Appearances:Scott Brazil; Terry Adams. Robert Barron Boemer, James Edwin Trainor, III, Joseph M Nixon, Dalton L. Oldham, Chad W Dunn, Neil G Baron.(Court Reporter: H. Hall), filed.(arrivera, 3)

Jan. 16, 2014

Jan. 16, 2014

PACER
42

Plaintiffs' Trial Exhibit List, filed.(arrivera, 3) (Entered: 01/21/2014)

Jan. 16, 2014

Jan. 16, 2014

PACER
43

Defendants' Trial Exhibit List, filed.(arrivera, 3) (Entered: 01/21/2014)

Jan. 16, 2014

Jan. 16, 2014

PACER
41

ORDER Post-Trial Brief due by 1/31/2014(Signed by Judge Gregg Costa) Parties notified.(ccarnew, 3) (Entered: 01/17/2014)

Jan. 17, 2014

Jan. 17, 2014

PACER
44

EXHIBITS re: 43 Exhibit List by Galveston County, Texas, Mark Henry Related document: 43 Exhibit List, filed. (Attachments: # 1 Exhibit #1, # 2 Exhibit #2, # 3 Exhibit #3, # 4 Exhibit #4, # 5 Exhibit #5, # 6 Exhibit #6, # 7 Exhibit #7 (CD to be delivered to Court), # 8 Exhibit #8 (CD to be delivered to Court), # 9 Exhibit #9 (CD to be delivered to Court), # 10 Exhibit #10 (CD to be delivered to Court), # 11 Exhibit #11 (CD to be delivered to Court), # 12 Exhibit #12, # 13 Exhibit #13, # 14 Exhibit #14)(Boemer, Robert) (Exhibits CDs 7-11 in Expandable Folder on Clerk's Shelf). (lusmith, 3). (Entered: 01/22/2014)

Jan. 22, 2014

Jan. 22, 2014

PACER
45

EXHIBITS re: 43 Exhibit List by Galveston County, Texas, Mark Henry Related document: 43 Exhibit List, filed. (Attachments: # 1 Exhibit #15 (CD to be delivered to the Court))(Boemer, Robert) (Entered: 01/22/2014)

Jan. 22, 2014

Jan. 22, 2014

PACER
49

EXHIBITS by Galveston County, Texas, filed. (Attachments: # 1 Exhibit)(ltrevino, 3) Re: Docket Entry 44 (Entered: 01/23/2014)

Jan. 22, 2014

Jan. 22, 2014

PACER
46

Supplemental Exhibit List by Terry Petteway, filed. (Attachments: # 1 Exhibit 57)(Baron, Neil) (Entered: 01/23/2014)

Jan. 23, 2014

Jan. 23, 2014

PACER
47

NOTICE of Service by Terry Petteway, filed. (Baron, Neil) (Entered: 01/23/2014)

Jan. 23, 2014

Jan. 23, 2014

PACER
48

Third Witness List by Terry Petteway, filed. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E1, # 6 Exhibit E2, # 7 Exhibit E3, # 8 Exhibit E4, # 9 Exhibit E5)(Baron, Neil) (Entered: 01/23/2014)

Jan. 23, 2014

Jan. 23, 2014

PACER
50

POST-TRIAL BRIEF by Galveston County, Texas, Mark Henry, filed.(Nixon, Joseph) (Entered: 01/31/2014)

Jan. 31, 2014

Jan. 31, 2014

PACER
51

POST-TRIAL BRIEF by Roosevelt Henderson, Sonny James, Michael Montez, Terry Petteway, Penny Pope, Derrick Rose, filed.(Dunn, Chad) (Entered: 01/31/2014)

Jan. 31, 2014

Jan. 31, 2014

RECAP
52

CLERKS NOTICE of Designation. Pursuant to the Order of Designation entered in the Fifth Circuit Court of Appeals on June 2, 2014, and Southern District of Texas General Order No. 2014-8, this case is retained on the docket of United States Circuit Judge Gregg Costa. Deadlines and schedules remain in effect. Parties notified, filed. (dkellyadi, 4) (Entered: 06/05/2014)

June 5, 2014

June 5, 2014

PACER
53

ADVISORY by Michael Montez, filed. (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)(Baron, Neil) (Entered: 10/07/2015)

Oct. 7, 2015

Oct. 7, 2015

PACER
54

MOTION for Leave to File Plaintiffs' First Supplemental Complaint by Sonny James, Michael Montez, Terry Petteway, Penny Pope, Derrick Rose, filed. Motion Docket Date 2/8/2022. (Attachments: # 1 Proposed Supplemental Complaint)(Dunn, Chad) (Entered: 01/18/2022)

1 Proposed Supplemental Complaint

View on RECAP

Jan. 18, 2022

Jan. 18, 2022

RECAP
55

SUGGESTION OF DEATH as to Roosevelt Henderson by Sonny James, Michael Montez, Terry Petteway, Penny Pope, Derrick Rose, filed.(Dunn, Chad) (Entered: 01/18/2022)

Jan. 18, 2022

Jan. 18, 2022

RECAP
56

MOTION for Valencia Richardson to Appear Pro Hac Vice by Sonny James, Michael Montez, Terry Petteway, Penny Pope, Derrick Rose, filed. Motion Docket Date 2/9/2022. (Dunn, Chad) (Entered: 01/19/2022)

Jan. 19, 2022

Jan. 19, 2022

PACER
57

MOTION for Sonni Waknin to Appear Pro Hac Vice by Sonny James, Michael Montez, Terry Petteway, Penny Pope, Derrick Rose, filed. Motion Docket Date 2/9/2022. (Dunn, Chad) Modified on 2/16/2022 (jguajardo, 4). (Entered: 01/19/2022)

Jan. 19, 2022

Jan. 19, 2022

PACER
58

MOTION for Caleb Jackson to Appear Pro Hac Vice by Sonny James, Michael Montez, Terry Petteway, Penny Pope, Derrick Rose, filed. Motion Docket Date 2/9/2022. (Dunn, Chad) (Entered: 01/19/2022)

Jan. 19, 2022

Jan. 19, 2022

PACER
59

NOTICE of Appearance by Dallin B. Holt on behalf of Galveston County, Texas, Mark Henry, filed. (Holt, Dallin) (Entered: 01/26/2022)

Jan. 26, 2022

Jan. 26, 2022

PACER
60

MOTION for Extension of Time Filing deadlines relating to Plaintiff's Motion for Leave to File First Supplemental Complaint by Galveston County, Texas, Mark Henry, filed. Motion Docket Date 2/18/2022. (Attachments: # 1 Proposed Order)(Holt, Dallin) (Entered: 01/28/2022)

1 Proposed Order

View on PACER

Jan. 28, 2022

Jan. 28, 2022

PACER
61

MOTION for Mark P. Gaber to Appear Pro Hac Vice by Sonny James, Michael Montez, Terry Petteway, Penny Pope, Derrick Rose, filed. Motion Docket Date 2/24/2022. (Dunn, Chad) (Entered: 02/03/2022)

Feb. 3, 2022

Feb. 3, 2022

PACER
62

ORDER Granting 60 MOTION for Extension of Time Filing deadlines relating to Plaintiff's Motion for Leave to File First Supplemental Complaint by Galveston County( Amended Pleadings due by 2/23/2022.)(Signed by Judge Gregg Costa) Parties notified.(jguajardo, 4) (Entered: 02/07/2022)

Feb. 7, 2022

Feb. 7, 2022

PACER
63

MOTION for Jason B. Torchinsky to Appear Pro Hac Vice by Galveston County, Texas, Mark Henry, filed. Motion Docket Date 3/4/2022. (Holt, Dallin) (Entered: 02/11/2022)

Feb. 11, 2022

Feb. 11, 2022

PACER
64

MOTION for Shawn T. Sheehy to Appear Pro Hac Vice by Galveston County, Texas, Mark Henry, filed. Motion Docket Date 3/4/2022. (Holt, Dallin) (Entered: 02/11/2022)

Feb. 11, 2022

Feb. 11, 2022

PACER
65

ORDER Denying 54 Motion for Leave to File a Supplemental Complaint. The Clerk's Office is directed to file documents 54, and 56 - 61 in a new case opened in the Galveston Division, to be assigned as all new filings in Galveston..(Signed by Judge Gregg Costa) Parties notified.(jguajardo, 4) (Entered: 02/15/2022)

Feb. 15, 2022

Feb. 15, 2022

RECAP
66

ORDER Granting Caleb Jackson 58 Motion to Appear Pro Hac Vice (Signed by Judge Gregg Costa) Parties notified.(jguajardo, 4) (Entered: 04/13/2022)

April 13, 2022

April 13, 2022

PACER
67

ORDER Granting Shawn T Sheehy 64 Motion for Admission Pro Hac. (Signed by Judge Gregg Costa) Parties notified.(jguajardo, 4) (Entered: 04/13/2022)

April 13, 2022

April 13, 2022

PACER
68

ORDER Granting 63 MOTION for Jason B. Torchinsky to Appear Pro Hac Vice (Signed by Judge Gregg Costa) Parties notified.(jguajardo, 4) (Entered: 04/13/2022)

April 13, 2022

April 13, 2022

PACER
69

ORDER Granting 61 MOTION for Mark P. Gaber to Appear Pro Hac Vice(Signed by Judge Gregg Costa) Parties notified.(jguajardo, 4) (Entered: 04/13/2022)

April 13, 2022

April 13, 2022

PACER
70

ORDER Granting 57 MOTION for Sonni Waknin to Appear Pro Hac Vice (Signed by Judge Gregg Costa) Parties notified.(jguajardo, 4) (Entered: 04/13/2022)

April 13, 2022

April 13, 2022

PACER
71

ORDER Granting 56 MOTION for Valencia Richardson to Appear Pro Hac Vice(Signed by Judge Gregg Costa) Parties notified.(jguajardo, 4) (Entered: 04/13/2022)

April 13, 2022

April 13, 2022

PACER
72

MOTION for Caleb Jackson to Withdraw as Attorney by Sonny James, Michael Montez, Terry Petteway, Penny Pope, Derrick Rose, filed. Motion Docket Date 5/4/2022. (Attachments: # 1 Proposed Order)(Dunn, Chad) (Entered: 04/13/2022)

April 13, 2022

April 13, 2022

PACER
73

ORDER Granting 72 Motion to Withdraw as Attorney. Attorney Caleb Jackson terminated.(Signed by Judge Gregg Costa) Parties notified.(jguajardo, 4) (Entered: 04/19/2022)

April 19, 2022

April 19, 2022

PACER
74

TRANSCRIPT re: Bench Trial Vol. 1 held on 1/14/14 before Judge Gregg Costa. Court Reporter/Transcriber Heather Alcaraz. Ordering Party Jason Torchinsky Release of Transcript Restriction set for 7/25/2022., filed. (Alcaraz, Heather) (Entered: 04/25/2022)

April 25, 2022

April 25, 2022

PACER
75

TRANSCRIPT re: Bench Trial Vol. 2 held on 1/15/14 before Judge Gregg Costa. Court Reporter/Transcriber Heather Alcaraz. Ordering Party Jason Torchinsky Release of Transcript Restriction set for 7/25/2022., filed. (Alcaraz, Heather) (Entered: 04/25/2022)

April 25, 2022

April 25, 2022

PACER
76

TRANSCRIPT re: Bench Trial Vol. 3 held on 1/16/14 before Judge Gregg Costa. Court Reporter/Transcriber Heather Alcaraz. Ordering Party Jason Torchinsky Release of Transcript Restriction set for 7/25/2022., filed. (Alcaraz, Heather) (Entered: 04/25/2022)

April 25, 2022

April 25, 2022

PACER
77

Notice of Filing of Official Transcript as to 76 Transcript, 75 Transcript, 74 Transcript. Party notified, filed. (lusmith, 3) (Entered: 04/26/2022)

April 26, 2022

April 26, 2022

PACER
78

Ruling on Bench Trial (Signed by Judge Gregg Costa) Parties notified.(jguajardo, 4)

Aug. 31, 2022

Aug. 31, 2022

RECAP
79

FINAL JUDGMENT. Case terminated on 8/31/2022(Signed by Judge Gregg Costa) Parties notified.(jguajardo, 4) (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

PACER
80

Notice of Appearance

Sept. 14, 2022

Sept. 14, 2022

PACER
81

Notice of Appearance

Sept. 14, 2022

Sept. 14, 2022

PACER
82

Notice of Appearance

Sept. 14, 2022

Sept. 14, 2022

PACER
83

Bill of Costs

Sept. 14, 2022

Sept. 14, 2022

PACER
84

Attorney Fees

1 Exhibit Declaration of Joseph M. Nixon

View on PACER

Sept. 15, 2022

Sept. 15, 2022

PACER
85

Response in Opposition to Motion

Sept. 21, 2022

Sept. 21, 2022

PACER
86

Objections

Sept. 21, 2022

Sept. 21, 2022

PACER
87

Response

Sept. 28, 2022

Sept. 28, 2022

PACER
88

Reply in Support of Motion

Sept. 28, 2022

Sept. 28, 2022

PACER
89

MEMORANDUM OPINION AND ORDER denying 84 MOTION for Attorney Fees (Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3)

Oct. 31, 2023

Oct. 31, 2023

RECAP

Case Details

State / Territory: Texas

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: Aug. 26, 2013

Closing Date: Aug. 31, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A group of several Black and Latino elected officials in Galveston County, Texas, as well as one citizen and registered voter in an affected district.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Galveston County (Galveston), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

Constitutional Clause(s):

Due Process: Substantive Due Process

Equal Protection

Fifteenth Amendment

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Discrimination Basis:

Race discrimination

Affected National Origin/Ethnicity(s):

Hispanic

Affected Race(s):

Black

Voting:

Redistricting/district composition

Vote dilution