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Case: U.S.A. v. South Dakota

3:00-cv-03015 | U.S. District Court for the District of South Dakota

Filed Date: 2000

Closed Date: 2001

Clearinghouse coding in progress

Case Summary

On March 28, 2000 the United States filed a lawsuit against South Dakota under 22 U.S.C. § 2201 in the U.S. District Court for the District of South Dakota, Central Division. The government sought an injunction against the defendants from administering at-large elections in Legislative District 28. On April 10, 2000, the District Court (Judge Charles B. Kornmann) consolidated this case with Emery v. Hunt. The District Court requested certification from the State Supreme Court on the issue of St…

On March 28, 2000 the United States filed a lawsuit against South Dakota under 22 U.S.C. § 2201 in the U.S. District Court for the District of South Dakota, Central Division. The government sought an injunction against the defendants from administering at-large elections in Legislative District 28.

On April 10, 2000, the District Court (Judge Charles B. Kornmann) consolidated this case with Emery v. Hunt.

The District Court requested certification from the State Supreme Court on the issue of State Constitutionality. On July 26, 2000, the South Dakota Supreme Court ruled that the 1996 legislative action, which joined Districts 28 A and B, was in violation of the South Dakota Constitution, which allowed redistricting only every ten years.

Consequently, recognizing the state court's decision, on August 10, 2000, the District Court (Judge Kornmann) vacated the results of the 2000 election primary for District 28, and ordered that special primary elections be held for Districts 28 A and B.

There was subsequent litigation on the issue of attorneys' fees. Emery v. Hunt,

132 F. Supp. 2d. 803 (D.S.D. 2001). Ultimately, in February 25, 2002, the Eighth Circuit Court of Appeals remanded the question to the District Court. Emery v. Hunt, 272 F.3d 1042 (8th Cir. 2001) On December 12, 2002, Judge Kornmann ordered additional fees awarded to the plaintiffs. Emery v. Hunt, 236 F. Supp. 2d. 1033 (D.S.D. 2002).

 

Summary Authors

Nick Niles (6/23/2006)

Related Cases

Emery v. Hunt, District of South Dakota (2000)

People


Judge(s)

Kornmann, Charles B. (South Dakota)

Attorneys(s) for Plaintiff

Coates, Christopher (District of Columbia)

Laurenz-Bogue, Cheryl F. (South Dakota)

Lee, Bill Lann (District of Columbia)

McBride, Ted L. (South Dakota)

Rich, Joseph D. (District of Columbia)

Ulrich, Bonnie P. (South Dakota)

Williams, Bret R. (District of Columbia)

Attorneys(s) for Defendant

Aberle, Steven Lyle (South Dakota)

Perry, William R. (District of Columbia)

Judge(s)

Kornmann, Charles B. (South Dakota)

Attorneys(s) for Plaintiff

Coates, Christopher (District of Columbia)

Laurenz-Bogue, Cheryl F. (South Dakota)

Lee, Bill Lann (District of Columbia)

McBride, Ted L. (South Dakota)

Rich, Joseph D. (District of Columbia)

Ulrich, Bonnie P. (South Dakota)

Williams, Bret R. (District of Columbia)

Attorneys(s) for Defendant

Aberle, Steven Lyle (South Dakota)

Perry, William R. (District of Columbia)

Swallow, Michael T. (North Dakota)

Other Attorney(s)

Van Norman, Thomas James (South Dakota)

Documents in the Clearinghouse

Document

3:00-cv-03015

Docket (Pacer)

United States v. South Dakota

March 28, 2000

March 28, 2000

Docket
1

3:00-cv-03015

Complaint

United States v. South Dakota

March 28, 2000

March 28, 2000

Complaint

Docket

Last updated Sept. 6, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT: 12 summons(es) issued ; handed to plaintiff's counsel (FE) (Entered: 03/29/2000)

March 28, 2000

March 28, 2000

Clearinghouse
2

CIVIL COVER SHEET (FE) (Entered: 03/29/2000)

March 28, 2000

March 28, 2000

ORDER by Charles B. Kornmann consolidating Lead Case CIV00-3008 with Member Case CV00-3015; PLEASE SEE LEAD CASE CIV00-3008 FOR ALL FURTHER DOCKETING (cc:all counsel) (JAB) (Entered: 04/11/2000)

April 10, 2000

April 10, 2000

Case Details

State / Territory: South Dakota

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: 2000

Closing Date: 2001

Case Ongoing: No

Plaintiffs

Public Interest Lawyer: Unknown

Defendants

State of South Dakota, State

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Form of Settlement:

Confession of Judgment

Issues

Race:

American Indian/Alaskan Native

Voting:

Challenges to at-large/multimember district/election

Redistricting/district composition

Vote dilution