Case: United States v. Houston County

5:25-cv-00025 | U.S. District Court for the Middle District of Georgia

Filed Date: Jan. 16, 2025

Case Ongoing

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Case Summary

This is a challenge to the method of electing the Houston County Board of Commissioners in Houston County, Georgia. On January 16, 2025, the United States of America filed this suit in the Middle District of Georgia against Houston County and several members of the Houston County Board of Commissioners. Plaintiff alleged that Defendants violated Section 2 of the Voting Rights Act (VRA), 52 U.S.C. §§ 10301 by using a method of electing the Houston County Board of Commissioners that diluted the v…

This is a challenge to the method of electing the Houston County Board of Commissioners in Houston County, Georgia.

On January 16, 2025, the United States of America filed this suit in the Middle District of Georgia against Houston County and several members of the Houston County Board of Commissioners. Plaintiff alleged that Defendants violated Section 2 of the Voting Rights Act (VRA), 52 U.S.C. §§ 10301 by using a method of electing the Houston County Board of Commissioners that diluted the voting strength of Black citizens and giving Black citizens having less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice. Specifically, Plaintiff alleged that the Black population of Houston County was politically cohesive, and the White population voted as a bloc to usually defeat the preferred candidate of Black voters. As such, only one Black citizen had been voted into office since Reconstruction. Plaintiff sought declaratory and injunctive relief enjoining Defendants from administering, implementing, or conducting any future elections under the current method of election; and an order for Defendants to devise and implement an election system that complied with Section 2 of the VRA.

On January 25, 2025, several Black voters in Houston County filed a motion to intervene, arguing that the Plaintiff inadequately represented their interest and they shared an interest in the litigation as voters affected by the current election method. The court granted the motion to intervene on March 4, finding that the intervenors could offer new evidence that could shed additional light on the issue. The following day, the intervenor-plaintiffs filed a complaint, adding facts and details to the complaint. The intervenor-plaintiffs sought declaratory and injunctive relief prohibiting further use of the existing method of election on the ground that it diluted Black voting strength in violation of Section 2. Intervenor-plaintiffs further sought attorneys’ fees and expenses under 52 U.S.C. § 10310(e) and 42 U.S.C. § 1988. 

On March 17, 2025, Defendants filed a motion to dismiss for lack of subject matter jurisdiction. Defendants argued that Plaintiff sued the wrong party, as Defendants did not administer the elections in Houston County and did not adopt the countywide method of election, nor would enjoining them change the current method of election of commissioners. A decision on this motion is pending. 

The following week, Plaintiff flipped its position and filed a motion to voluntarily dismiss the case. While Plaintiff did not specify why it decided to dismiss the case, the dismissal fits in the Trump Administration's dismissal of many Biden-era voting rights litigation. 

The case was closed the following day. However, the case was reopened the same day in light of the Intervenor Plaintiffs' complaint. 

On March 26, Defendants filed a motion to dismiss the Intervenor Plaintiffs' complaint. An order on this motion is pending. 

This case is ongoing. 

Summary Authors

Madilynn O'Hara (3/12/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69554602/parties/united-states-v-houston-county/


Judge(s)
Attorney for Plaintiff

FREEMAN, DANIEL J (Georgia)

MCFARLAND, ERNEST ALAN (Georgia)

Attorney for Defendant

JACOUTOT, BRYAN FRANCIS (Georgia)

LAROSS, DIANE (Georgia)

Expert/Monitor/Master/Other

BARRON, LYNSEY (Georgia)

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Documents in the Clearinghouse

Document
1

5:25-cv-00025

Complaint

Jan. 16, 2025

Jan. 16, 2025

Complaint
13

5:25-cv-00025

Order

United States of America v. Houston County

March 4, 2025

March 4, 2025

Order/Opinion

2025 WL 694458

14

5:25-cv-00025

Complaint-in-Intervention

United States of America v. Houston County

March 5, 2025

March 5, 2025

Complaint
19-1

5:25-cv-00025

County Defendants’ Brief in Support of Motion to Dismiss Complaint

March 17, 2025

March 17, 2025

Pleading / Motion / Brief
19

5:25-cv-00025

County Defendants’ Motion to Dismiss Plaintiff’s Complaint

March 17, 2025

March 17, 2025

Pleading / Motion / Brief
20

5:25-cv-00025

Notice of Voluntary Dismissal

United States of America v. Houston County

March 24, 2025

March 24, 2025

Pleading / Motion / Brief
21

5:25-cv-00025

County Defendants' Motion to Dismiss Plaintiff-Intervenors' Complaint-in-Intervention

United States of America v. Houston County

March 26, 2025

March 26, 2025

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69554602/united-states-v-houston-county/

Last updated April 21, 2025, 3:14 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against MARK BYRD, Shane Gottwals, HOUSTON COUNTY, DAN PERDUE, Gail Robinson, TAL TALTON filed by UNITED STATES OF AMERICA (Attachments: # 1 Civil Cover Sheet)(FREEMAN, DANIEL) (Entered: 01/16/2025)

1 Civil Cover Sheet

View on PACER

Jan. 16, 2025

Jan. 16, 2025

Clearinghouse
2

NOTICE of Attorney Appearance by BRIAN REMLINGER on behalf of UNITED STATES OF AMERICA Attorney BRIAN REMLINGER added to party UNITED STATES OF AMERICA(pty:pla)(REMLINGER, BRIAN) (Entered: 01/16/2025)

Jan. 16, 2025

Jan. 16, 2025

PACER
3

***DISREGARD*** refiled at 4 NOTICE of Attorney Appearance by ERNEST ALAN MCFARLAND on behalf of UNITED STATES OF AMERICA Attorney ERNEST ALAN MCFARLAND added to party UNITED STATES OF AMERICA(pty:pla)(MCFARLAND, ERNEST) Modified to update docket text on 1/17/2025 (rka). (Entered: 01/17/2025)

Jan. 17, 2025

Jan. 17, 2025

PACER

Notice of Deficiency (related document(s): 3 Notice of Attorney Appearance filed by UNITED STATES OF AMERICA ); Document must be converted into text-searchable PDF format and re-filed. See CM/ECF Administrative Procedures.(rka)

Jan. 17, 2025

Jan. 17, 2025

PACER
4

NOTICE of Attorney Appearance by ERNEST ALAN MCFARLAND on behalf of UNITED STATES OF AMERICA (MCFARLAND, ERNEST) (Entered: 01/17/2025)

Jan. 17, 2025

Jan. 17, 2025

PACER
5

WAIVER OF SERVICE Returned Executed by UNITED STATES OF AMERICA as to MARK BYRD, SHANE GOTTWALS, HOUSTON COUNTY, DAN PERDUE, GAIL ROBINSON, TAL TALTON. (FREEMAN, DANIEL) (Entered: 01/21/2025)

Jan. 21, 2025

Jan. 21, 2025

PACER
6

NOTICE of Attorney Appearance by BRYAN P TYSON on behalf of HOUSTON COUNTY, DAN PERDUE, SHANE GOTTWALS, GAIL ROBINSON, TAL TALTON, MARK BYRD Attorney BRYAN P TYSON added to party HOUSTON COUNTY(pty:dft), Attorney BRYAN P TYSON added to party DAN PERDUE(pty:dft), Attorney BRYAN P TYSON added to party SHANE GOTTWALS(pty:dft), Attorney BRYAN P TYSON added to party GAIL ROBINSON(pty:dft), Attorney BRYAN P TYSON added to party TAL TALTON(pty:dft), Attorney BRYAN P TYSON added to party MARK BYRD(pty:dft)(TYSON, BRYAN) (Entered: 01/21/2025)

Jan. 21, 2025

Jan. 21, 2025

PACER
7

MOTION to Intervene by Courtney Driver, Michael C Jones filed by BRYAN L SELLS. (Attachments: # 1 proposed complaint-in-intervention)(SELLS, BRYAN) (Entered: 01/25/2025)

Jan. 25, 2025

Jan. 25, 2025

PACER
8

NOTICE of Attorney Appearance by LYNSEY BARRON on behalf of Courtney Driver Attorney LYNSEY BARRON added to party Courtney Driver(pty:mov)(BARRON, LYNSEY) (Entered: 01/25/2025)

Jan. 25, 2025

Jan. 25, 2025

PACER
9

NOTICE of Attorney Withdrawal by BRIAN REMLINGER on behalf of UNITED STATES OF AMERICA(REMLINGER, BRIAN) (Entered: 02/11/2025)

Feb. 11, 2025

Feb. 11, 2025

PACER
10

RESPONSE filed by UNITED STATES OF AMERICA re 7 MOTION to Intervene (FREEMAN, DANIEL) (Entered: 02/14/2025)

Feb. 14, 2025

Feb. 14, 2025

RECAP
11

RESPONSE filed by HOUSTON COUNTY, DAN PERDUE, SHANE GOTTWALS, GAIL ROBINSON, TAL TALTON, MARK BYRD re 7 MOTION to Intervene (TYSON, BRYAN) (Entered: 02/18/2025)

Feb. 18, 2025

Feb. 18, 2025

RECAP
12

REPLY to Response filed by COURTNEY DRIVER, MICHAEL C JONES re 7 MOTION to Intervene (SELLS, BRYAN) (Entered: 03/02/2025)

March 2, 2025

March 2, 2025

RECAP
13

ORDER GRANTING 7 Motion to Intervene by Courtney Driver and Michael C Jones. Ordered by US DISTRICT JUDGE MARC T TREADWELL on 3/4/2025. (kat)

March 4, 2025

March 4, 2025

Clearinghouse
14

Intervenor COMPLAINT against MARK BYRD, SHANE GOTTWALS, HOUSTON COUNTY, DAN PERDUE, GAIL ROBINSON, TAL TALTON, Houston County Board of Elections, Pamela Morgan (SELLS, BRYAN) (Entered: 03/05/2025)

March 5, 2025

March 5, 2025

Clearinghouse
15

WAIVER OF SERVICE Returned Executed by MICHAEL C JONES, COURTNEY DRIVER as to HOUSTON COUNTY BOARD OF ELECTIONS. (SELLS, BRYAN) (Entered: 03/11/2025)

March 11, 2025

March 11, 2025

RECAP
16

WAIVER OF SERVICE Returned Executed by MICHAEL C JONES, COURTNEY DRIVER as to PAMELA MORGAN. (SELLS, BRYAN) (Entered: 03/11/2025)

March 11, 2025

March 11, 2025

RECAP
17

NOTICE of Attorney Appearance by BRYAN FRANCIS JACOUTOT on behalf of HOUSTON COUNTY, DAN PERDUE, SHANE GOTTWALS, GAIL ROBINSON, TAL TALTON, MARK BYRD Attorney BRYAN FRANCIS JACOUTOT added to party HOUSTON COUNTY(pty:dft), Attorney BRYAN FRANCIS JACOUTOT added to party DAN PERDUE(pty:dft), Attorney BRYAN FRANCIS JACOUTOT added to party SHANE GOTTWALS(pty:dft), Attorney BRYAN FRANCIS JACOUTOT added to party GAIL ROBINSON(pty:dft), Attorney BRYAN FRANCIS JACOUTOT added to party TAL TALTON(pty:dft), Attorney BRYAN FRANCIS JACOUTOT added to party MARK BYRD(pty:dft)(JACOUTOT, BRYAN) (Entered: 03/17/2025)

March 17, 2025

March 17, 2025

PACER
18

NOTICE of Attorney Appearance by DIANE LAROSS on behalf of HOUSTON COUNTY, DAN PERDUE, SHANE GOTTWALS, GAIL ROBINSON, TAL TALTON, MARK BYRD Attorney DIANE LAROSS added to party HOUSTON COUNTY(pty:dft), Attorney DIANE LAROSS added to party DAN PERDUE(pty:dft), Attorney DIANE LAROSS added to party SHANE GOTTWALS(pty:dft), Attorney DIANE LAROSS added to party GAIL ROBINSON(pty:dft), Attorney DIANE LAROSS added to party TAL TALTON(pty:dft), Attorney DIANE LAROSS added to party MARK BYRD(pty:dft)(LAROSS, DIANE) (Entered: 03/17/2025)

March 17, 2025

March 17, 2025

PACER
19

MOTION to Dismiss Complaint re 1 Complaint (IFP) : by HOUSTON COUNTY, DAN PERDUE, SHANE GOTTWALS, GAIL ROBINSON, TAL TALTON, MARK BYRD filed by BRYAN P TYSON. (Attachments: # 1 Memorandum in Support)(TYSON, BRYAN) (Entered: 03/17/2025)

1 Memorandum in Support

View on Clearinghouse

March 17, 2025

March 17, 2025

Clearinghouse
20

NOTICE of Voluntary Dismissal by UNITED STATES OF AMERICA as to All Defendants (MCFARLAND, ERNEST) (Entered: 03/24/2025)

March 24, 2025

March 24, 2025

Clearinghouse

REMARK: In light of 20 Voluntary Dismissal, this case has been closed. (rka)

March 25, 2025

March 25, 2025

PACER

REMARK: Case has been reopened pursuant to pending Intervenor Complaint re 14 . (rka)

March 25, 2025

March 25, 2025

PACER
21

MOTION to Dismiss Complaint re 14 Intervenor Complaint : by HOUSTON COUNTY, DAN PERDUE, SHANE GOTTWALS, GAIL ROBINSON, TAL TALTON, MARK BYRD filed by BRYAN P TYSON. (Attachments: # 1 Memorandum in Support)(TYSON, BRYAN) (Entered: 03/26/2025)

1 Memorandum in Support

View on RECAP

March 26, 2025

March 26, 2025

RECAP
22

UNOPPOSED MOTION to Dismiss Party MARK BYRD, SHANE GOTTWALS, HOUSTON COUNTY, DAN PERDUE, GAIL ROBINSON, TAL TALTON by MICHAEL C JONES, COURTNEY DRIVER filed by BRYAN L SELLS. (Attachments: # 1 Proposed Order)(SELLS, BRYAN) (Entered: 04/04/2025)

April 4, 2025

April 4, 2025

PACER
23

This is a text only entry; no document issued. ORDER GRANTING 22 Plaintiff's Motion to Dismiss Party. Defendants Houston County, Dan Perdue, Shane Gottwals, Gail Robinson, Tal Talton, and Mark Byrd are DISMISSED without prejudice and their Motion to Dismiss 21 is TERMINATED as moot. Ordered by US DISTRICT JUDGE MARC T TREADWELL on 4/7/2025. (afw) (Entered: 04/07/2025)

April 7, 2025

April 7, 2025

PACER

Order on Motion to Dismiss Party

April 7, 2025

April 7, 2025

PACER
24

JOINT MOTION to redesignate parties by COURTNEY DRIVER, MICHAEL C JONES filed by BRYAN L SELLS.(SELLS, BRYAN) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

PACER
25

This is a text only entry; no document issued. ORDER GRANTING 24 Joint Motion to Redesignate Parties. The Clerk of Court is directed to re-designate Courtney Driver and Michael Jones as Plaintiffs and change the caption of this case to Driver et al. v. Houston County Board of Elections et al. Ordered by US DISTRICT JUDGE MARC T TREADWELL on 4/15/2025. (afw) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

PACER

Order on Motion for Miscellaneous Relief

April 15, 2025

April 15, 2025

PACER
26

RULES 16/26 ORDER: Proposed Scheduling/Discovery order due by 5/16/2025. Ordered by US DISTRICT JUDGE MARC T TREADWELL on 4/16/2025. (Attachments: # 1 Required Form) (kat) (Entered: 04/16/2025)

1 Required Form

View on PACER

April 16, 2025

April 16, 2025

RECAP

Case Details