Case: Erie County New York v. AmeriCorps

1:25-cv-00783 | U.S. District Court for the District of District of Columbia

Filed Date: March 17, 2025

Closed Date: April 14, 2025

Clearinghouse coding complete

Case Summary

This case challenged Trump’s Executive Orders 14151 and 14173, which cut government funding for “equity-related” programs. On March 17, 2025, Erie County, New York, filed a lawsuit in the United States District Court for the District of Columbia against the Corporation for National and Community Service (commonly known as AmeriCorps) and its interim agency head. The case was assigned to Judge James Emanuel Boasberg. Erie County sought declaratory and injunctive relief, claiming that AmeriCorps’…

This case challenged Trump’s Executive Orders 14151 and 14173, which cut government funding for “equity-related” programs. On March 17, 2025, Erie County, New York, filed a lawsuit in the United States District Court for the District of Columbia against the Corporation for National and Community Service (commonly known as AmeriCorps) and its interim agency head. The case was assigned to Judge James Emanuel Boasberg. Erie County sought declaratory and injunctive relief, claiming that AmeriCorps’ actions violated the Administrative Procedure Act and the Spending Clause of the U.S. Constitution.

The dispute arose after Erie County applied for and was awarded a three-year Retired and Senior Volunteer Program (RSVP) grant from AmeriCorps in October 2023. The grant, which supports volunteer services such as the Meals on Wheels program, was approved in January 2024. However, after the issuance of Executive Order 14151 on January 20, 2025—titled “Ending Radical Government DEI Programs and Preferencing”—AmeriCorps began reviewing grant recipients for compliance with the order’s mandate to eliminate “equity-related” programs. The following day, President Trump issued Executive Order 14173, requiring federal grant recipients to certify that they did not operate programs promoting Diversity, Equity, and Inclusion (DEI) that violated federal antidiscrimination laws. AmeriCorps subsequently demanded that Erie County either amend its grant application, certify its compliance with all administration executive orders, or relinquish the award.

In February 2025, Erie County received multiple communications from AmeriCorps stating that noncompliance with the executive orders could result in grant termination. In response, the county pointed to a temporary injunction against Executive Order 14151 issued by the U.S. District Court for the District of Maryland. See National Association of Diversity Officers in Higher Education v. Trump. AmeriCorps initially paused enforcement but continued to impose additional conditions on grant applications.

In its complaint, Erie County claimed that AmeriCorps’ enforcement of the executive orders was arbitrary, capricious, and exceeded its lawful authority under the Administrative Procedure Act. The county also alleged that the vague and undefined requirements of the orders violated the Spending Clause by coercing local governments into compliance with federal conditions that lacked a clear legal basis. Erie County argued that AmeriCorps’ demands were unlawful, as its regulations had long required applicants to promote community diversity in their programs. The county refused to certify that its RSVP program did not promote DEI, noting that it had operated in full compliance with AmeriCorps regulations. The lawsuit sought a court order enjoining AmeriCorps from imposing additional grant requirements beyond those established by law and from enforcing Executive Orders 14151 and 14173 against the county. 

On March 21, 2025, the plaintiffs filed a motion for a preliminary injunction. They asked the Court to require the "Defendants to determine Plaintiff is in compliance with all relevant grant requirements for existing RSVP grants, and to disburse immediately any funds to which it is entitled, without Plaintiff needing to certify that “RSVP of Erie County, 24SR260017 complies with all administration Executive Orders and does not include any activities that promote DEI activities,” or make any other substantially similar certification referencing compliance with executive orders and promotion of DEI activities." The defendants filed their motion in opposition to the preliminary injunction on April 4, 2025, arguing the "Plaintiff ha[d] not demonstrated that it is at imminent risk of irreparable harm, that it is likely to succeed on the merits, or that the balance of the equities is in its favor."

Summary Authors

Jillian Snyman (3/19/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69747050/parties/erie-county-new-york-v-corporation-for-national-and-community-service/


Attorney for Plaintiff

Gerstein, Charles Lewis (District of Columbia)

Harrow, Jason Seth (District of Columbia)

Attorney for Defendant

Jones, Sian (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:25-cv-00783

Complaint

March 17, 2025

March 17, 2025

Complaint
5

1:25-cv-00783

Motion for a Preliminary Injunction and Memorandum of Points and Authorities in Support of Motion for a Preliminary Injunction

March 21, 2025

March 21, 2025

Pleading / Motion / Brief
7

1:25-cv-00783

Defendants’ Opposition to Plaintiff’s Motion for Preliminary Injunction

April 4, 2025

April 4, 2025

Pleading / Motion / Brief
8

1:25-cv-00783

Notice of Voluntary Dismissal

April 14, 2025

April 14, 2025

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69747050/erie-county-new-york-v-corporation-for-national-and-community-service/

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

ECF Number Description Date Link Date / Link
1

COMPLAINT against JENNIFER BASTRESS TAHMASEBI, CORPORATION FOR NATIONAL AND COMMUNITY SERVICE ( Filing fee $ 405 receipt number ADCDC-11547678) filed by ERIE COUNTY NEW YORK. (Attachments: # 1 Exhibit A - Executive Order Compliance, # 2 Civil Cover Sheet, # 3 Summons)(Harrow, Jason) (Entered: 03/17/2025)

1 Exhibit A - Executive Order Compliance

View on PACER

2 Civil Cover Sheet

View on PACER

3 Summons

View on PACER

March 17, 2025

March 17, 2025

Clearinghouse
2

NOTICE of Appearance by Charles Lewis Gerstein on behalf of ERIE COUNTY NEW YORK (Gerstein, Charles) (Entered: 03/17/2025)

March 17, 2025

March 17, 2025

PACER

Case Assigned to Chief Judge James E. Boasberg. (znmw)

March 18, 2025

March 18, 2025

PACER

Notice of Error- New Case

March 18, 2025

March 18, 2025

PACER

Case Assigned/Reassigned

March 18, 2025

March 18, 2025

PACER

NOTICE OF NEW CASE ERROR regarding 1 Complaint,. The following error(s) need correction: Invalid/Missing summonses- U.S. government. When naming a U.S. government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue. (znmw)

March 18, 2025

March 18, 2025

PACER
3

REQUEST FOR SUMMONS TO ISSUE filed by ERIE COUNTY NEW YORK.(Harrow, Jason) (Entered: 03/18/2025)

March 18, 2025

March 18, 2025

PACER
4

SUMMONS (4) Issued Electronically as to JENNIFER BASTRESS TAHMASEBI, CORPORATION FOR NATIONAL AND COMMUNITY SERVICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 03/19/2025)

March 19, 2025

March 19, 2025

PACER
5

MOTION for Preliminary Injunction by ERIE COUNTY NEW YORK. (Attachments: # 1 Declaration of Randall Hoak, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Text of Proposed Order)(Harrow, Jason) (Entered: 03/21/2025)

March 21, 2025

March 21, 2025

Clearinghouse
6

NOTICE of Appearance by Sian Jones on behalf of All Defendants (Jones, Sian) (Entered: 03/24/2025)

March 24, 2025

March 24, 2025

RECAP

.Order AND ~Util - Set/Reset Deadlines/Hearings

March 25, 2025

March 25, 2025

PACER

MINUTE ORDER: The Court ORDERS that: (1) Defendants shall file their Opposition to Plaintiff's 5 Motion for a Preliminary Injunction by April 4, 2025; (2) Plaintiff shall file its Reply by April 11, 2025; and 3) The parties shall appear for a hearing on the Motion via Zoom on April 25, 2025, at 3:00 p.m. So ORDERED by Chief Judge James E. Boasberg on March 25, 2025. (lcjeb3)

March 25, 2025

March 25, 2025

PACER
7

Memorandum in opposition to re 5 Motion for Preliminary Injunction, filed by CORPORATION FOR NATIONAL AND COMMUNITY SERVICE, JENNIFER BASTRESS TAHMASEBI. (Attachments: # 1 Declaration)(Jones, Sian) (Entered: 04/04/2025)

April 4, 2025

April 4, 2025

Clearinghouse
8

NOTICE of Voluntary Dismissal by ERIE COUNTY NEW YORK (Harrow, Jason) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

RECAP

.Order AND Terminate Hearings

April 14, 2025

April 14, 2025

PACER

MINUTE ORDER: Per Plaintiff's 8 Notice, the Court ORDERS that the case is DISMISSED WITHOUT PREJUDICE. So ORDERED by Chief Judge James E. Boasberg on April 14, 2025. (lcjeb3)

April 14, 2025

April 14, 2025

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Trump Administration 2.0: Challenges to the Government (Spending Freezes/Cuts)

Trump Administration 2.0: Challenges to the Government (Diversity/Equity/Inclusion/Accessibility (DEIA) and/or Antisemitism)

Key Dates

Filing Date: March 17, 2025

Closing Date: April 14, 2025

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff Erie County, New York, is a municipal entity formed by the laws of New York. Its county seat is Buffalo.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The Corporation for National and Community Service, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Spending/Appropriations Clauses

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Source of Relief:

Litigation

Issues

Presidential/Gubernatorial Authority:

Commandeering