Case: Davis v. Benson

1:20-cv-00981 | U.S. District Court for the Western District of Michigan

Filed Date: May 28, 2020

Closed Date: Aug. 27, 2021

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Case Summary

COVID-19 Summary: In this case, political activist Robert Davis sued Michigan Secretary of State Jocelyn Benson in the Michigan Court of Claims on May 28, 2020. He alleged that her decision to send absentee ballot applications to all registered voters in Michigan in response to the COVID-19 pandemic was unlawful and sought an injunction against future application mailings. The judge denied a preliminary injunction motion on June 18, 2021 and granted Secretary Benson's summary dispensation motio…

COVID-19 Summary: In this case, political activist Robert Davis sued Michigan Secretary of State Jocelyn Benson in the Michigan Court of Claims on May 28, 2020. He alleged that her decision to send absentee ballot applications to all registered voters in Michigan in response to the COVID-19 pandemic was unlawful and sought an injunction against future application mailings. The judge denied a preliminary injunction motion on June 18, 2021 and granted Secretary Benson's summary dispensation motion on August 25, 2020, holding that the Secretary of State has broad discretion in administering elections. The Michigan Court of Appeals affirmed the ruling on September 16, 2020, and the State Supreme Court denied Davis' application for leave to appeal. Davis twice attempted to challenge the application mailing in federal court, but voluntarily dismissed or amended out those claims before they were resolved on the merits.


This series of cases was about whether the Michigan Secretary of State had the authority to distribute unsolicited absentee ballot applications to all Michigan voters in the midst of the COVID-19 pandemic. On May 28, 2020, political activist Robert Davis, represented by private counsel, initiated this series of lawsuits against Michigan Secretary of State Jocelyn Benson, alleging that her decision to mail absentee ballot applications for the 2020 August and November elections to all registered voters in the State exceeded her statutory authority. 

State Court Complaint

Davis’ initial May complaint (docket 20-000099-MM) was made in the Michigan Court of Claims (the state’s special court for filing claims against the state of Michigan) and assigned to Judge Cynthia Stephens. 

The complaint alleged that the unsolicited mailing of absentee ballots violated the purity of elections and separation of powers clauses of the Michigan Constitution of 1963, and it sought a declaratory judgment that this was illegal and an injunction against sending further absentee ballots. On the same day he filed his complaint, May 28, Davis moved for an emergency declarative judgment. The case was related to and ultimately consolidated with Black v. Benson (docket 20-000091-MM) and Cooper-Keel v. Benson (20-000096-MZ). Of note, the plaintiffs in the related cases moved for preliminary injunctions, while Davis did not.

Between June 12 and June 16, 2020, nonprofit organizations filed amicus briefs in these cases. The Brennan Center for Justice and the organization “Count MI Vote” filed briefs supporting the defendant in the Davis case, while the League of Women Voters of Michigan and American Civil Liberties Union of Michigan filed briefs in the Black case.

On June 16, 2020, the court heard oral arguments on the preliminary injunction, and on June 18 the court denied the injunction. Judge Stephens held that the plaintiffs did not show they would suffer irreparable harm absent an injunction because simply alleging that a party is breaking the law is not sufficiently particularized. Failing the irreparable harm prong was sufficient for the ruling, but Judge Stephens also noted the plaintiffs also did not show the requisite likelihood for success on the merits of their cases. 

On June 26, 2020, Secretary Benson moved for summary disposition (docketed in Black v. Benson), which the court granted with respect to all three consolidated cases on August 25, 2020. Judge Stephens held that Secretary Benson had discretionary authority over state elections, that the plaintiffs’ statutory authority did not preclude the sending of ballot applications, and that the Michigan constitutional amendment protecting the right to vote by absentee ballot without providing a reason prevented the court from interpreting such a limitation into the distribution of absentee ballot applications. 

Plaintiff Davis appealed the ruling on August 28, 2020, which the Michigan Court of Appeals affirmed on September 16, 2020, largely adopting the Court of Claims’ reasoning above. On December 28, 2020, the Michigan Supreme Court denied plaintiff Davis’ application for leave to appeal, leaving in place the ruling of the Court of Claims.  

First Federal Court Complaint

While his state court case was ongoing, plaintiff Davis filed a similar complaint in the U.S. District Court for the Western District of Michigan Southern Division on August 14, 2020. He alleged under § 1983 that his procedural and substantive due process rights were violated when Secretary Benson sent the unsolicited absentee ballot applications. The complaint makes allegations similar to the state court complaint, but it adds that plaintiff Davis did not vote by absentee ballot in the August 4, 2020 primary election because he was unable to request an absentee ballot application and because he feared that a vote cast with the unsolicited application would be unlawful. Davis sought compensatory and punitive damages as well as declaratory and injunctive relief. The case was assigned to District Judge Janet T. Neff.

Davis amended his complaint on August 18, 2020 and again on October 7. The amendments add a private political consultant as a named defendant and introduce a number of causes of action stemming from seemingly personal disputes unrelated to the challenged absentee application mailing—in fact, the claims pertaining to the absentee ballot mailing were removed from the complaint altogether. The court dismissed the complaint on March 11, 2022 after motions from the defendants. 

Second Federal Court Complaint

After amending his earlier federal complaint to remove the absentee application claim, Davis filed a new complaint in the U.S. District Court for the Western District of Michigan Southern Division containing the claims eliminated from the previous complaint. This iteration of the complaint included several new allegations and added Detroit City Clerk Janice Winfrey and the Detroit Department of Elections as defendants along with Secretary Benson. The case was assigned to District Judge Paul L. Maloney

First, the complaint alleged that the mailing violated Davis’ constitutional rights under an equal protection theory, alleging that, for the November 2020 general election, Secretary Benson instructed the Detroit City Clerk to mail absentee ballots to residents of the City of Detroit but did not do so for residents of Davis’ city. Next, it alleged that the mailing would dilute Davis’ vote if voters who received an unsolicited application were counted. Finally, the complaint asked the court under state law to prevent the counting of votes of people who received unsolicited applications, and to eliminate a population requirement from a recently passed state law allowing city and township clerks with populations of 25,000 residents or more to begin processing returned absentee ballots a day before the November 3, 2020 general election.

On October 28, 2020, Davis filed an emergency motion for partial summary judgment to prevent the enactment of the law allowing clerks to process ballots early, asking the court to address the merits of his claim “no later than October 28, 2020. The next day, he moved for a preliminary injunction to the same effect. The court denied the motions on October 30, 2020. Judge Maloney found that ruling on the Davis’ Rule 56 motion would have been improper at that juncture because it would deny the defendants the opportunity to respond or obtain discovery. He also dismissed Davis’ state claims, due to “concerns” about standing and because the state claim to prevent the counting of ballots did not arise out of the same facts as the absentee mailing. 2020 WL 6605983. Judge Maloney also denied the preliminary injunction motion on procedural grounds, but also found that Davis didn’t demonstrate a likelihood of success on the merits because he provided no support for his allegations and the only difference between this allegation and the previously adjudicated state court resolution was that it concerned the general election rather than the primary. 2020 WL 6605984.

Defendants Winfrey and the Department of Elections moved to dismiss for failure to state a claim on November 18, 2020. They argued first that Davis did in fact receive an absentee ballot application for the general election and that his complaint is merely that it came from the Michigan Department of Elections whereas Detroit residents received their applications from the Detroit City Clerk. They pointed out that Davis’ claim regarding vote dilution didn’t allege any violation of federal or state law and that his preferred candidate would have lost even if he received the relief he sought. Finally, they argued that his claim seeking to prevent the counting of ballots was moot.

On December 9, 2020, Davis amended his complaint, dropping the Detroit Department of Elections as a defendant, adding Highland Park City Clerk Brenda Green as a defendant, and adding several new claims. First, the complaint alleged that Secretary Benson’s failure to provide funds to all local clerks to pay for absentee application mailings violated Davis’ constitutional equal protection rights. Second, it alleged that Secretary Benson’s denial of Davis’ request for post-election audits violated Davis’ procedural due process rights. Third, it alleged that the audit denial was an equal protection violation because others who were similarly situated were allegedly treated differently. Fourth, it alleged another equal protection violation because Secretary Benson declined to refer a prosecutor for prosecution upon Davis’ request. Fifth, it alleged that defendant Winfrey violated Davis’ procedural due process rights by refusing to allow him to observe the tallying of votes after polls closed. Sixth and last was a similar allegation to the fifth count, this time against defendant Green.

With her motion to dismiss mooted by Davis’ entirely new amended complaint (officially mooted by the court on December 18), defendant Winfrey made a new motion to dismiss the fifth count of Davis’ complaint on December 16, 2020. She argued that Davis’ complaint stated a claim for violation of a state election law but not a procedural due process violation, which would require an allegation that he was denied the opportunity to for redress of those state law violations. 

In 2021, defendants Green and Benson filed motions to dismiss on January 5 and January 7 respectively. On February 23, 2021, Davis filed a stipulation, dropping his claims against Secretary Benson, which left claim five against Winfrey and claim six against Green, each for refusing to let him observe vote tallying. On March 4, Davis voluntarily dismissed his claim against Green, leaving only his claim against Winfrey. With the claims against them dropped, Judge Maloney dismissed Green and Benson’s motions to dismiss as moot. Finally, on August 27, 2021, the court granted defendant Winfrey’s December 16, 2020 motion to dismiss, holding that Davis failed to state a claim when he alleged a procedural due process violation for an act more properly redressed by state remedies.

With all claims resolved and no appeal, the case is closed.

Summary Authors

Terry Howard (1/1/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18573050/parties/davis-v-benson/


Judge(s)

Green, Phillip J. (Michigan)

Attorney for Plaintiff

Davis, Robert C. (Michigan)

Attorney for Defendant

Asher, Kyle M. (Michigan)

Gordon, Gary P. (Michigan)

Grill, Erik A. (Michigan)

Judge(s)

Green, Phillip J. (Michigan)

Maloney, Paul Lewis (Michigan)

Neff, Janet T. (Michigan)

Redford, James Robert (Michigan)

Stephens, Cynthia (Michigan)

Tukel, Jonathan (Michigan)

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Documents in the Clearinghouse

Document

20-000091-MM

Court of Claims Docket

Cooper-Keel v. Benson

Michigan state trial court

Aug. 27, 2020

Aug. 27, 2020

Docket

20-000099-MM

Court of Claims Docket

Michigan state trial court

Sept. 16, 2020

Sept. 16, 2020

Docket

20-000096-MZ

Court of Claims Docket

Black v. Benson

Michigan state trial court

Nov. 9, 2020

Nov. 9, 2020

Docket

1:20-cv-00768

Docket [PACER]

Dec. 2, 2020

Dec. 2, 2020

Docket

20-000099-MM

Verified Complaint

Michigan state trial court

May 28, 2020

May 28, 2020

Complaint

20-000091-MM

Opinion and Order Denying Preliminary Injunction

Cooper-Keel v. Benson, Black v. Benson

Michigan state trial court

June 18, 2020

June 18, 2020

Order/Opinion
1

1:20-cv-00768

Complaint and Jury Demand

Aug. 14, 2020

Aug. 14, 2020

Complaint

20-000091-MM

Opinion and Order Granting Summary Disposition

Cooper-Keel v. Benson, Black v. Benson

Michigan state trial court

Aug. 25, 2020

Aug. 25, 2020

Order/Opinion

No. 354622

20-000099-MM

Appellant's Brief on Appeal

Michigan state appellate court

Aug. 28, 2020

Aug. 28, 2020

Pleading / Motion / Brief

No. 354622

20-000099-MM

[Opinion]

Davis v. Secretary of State

Michigan state appellate court

Sept. 16, 2020

Sept. 16, 2020

Order/Opinion

963 N.W.2d 963

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18573050/davis-v-benson/

Last updated Jan. 22, 2022, 7 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with jury demand against All Defendants filed by Robert Davis (Paterson, Andrew) (Entered: 10/14/2020)

Oct. 14, 2020

Oct. 14, 2020

Clearinghouse

FILING FEE PAID re 1 by plaintiff Robert Davis in the amount of $400, receipt number AMIWDC-5805003 (Paterson, Andrew)

Oct. 14, 2020

Oct. 14, 2020

PACER
2

PROPOSED SUMMONS to be issued re 1 (Attachments: # 1 Summons, # 2 Summons) (Paterson, Andrew) (Entered: 10/14/2020)

Oct. 14, 2020

Oct. 14, 2020

PACER
3

EMERGENCY NOTICE re 1 to the Court Requesting the Court to Immediately Assign Case and Issue Summons by plaintiff Robert Davis (Paterson, Andrew) Modified text on 10/30/2020 (ems). (Entered: 10/22/2020)

Oct. 22, 2020

Oct. 22, 2020

PACER
4

EMERGENCY MOTION for partial summary judgment with respect to Count IV ONLY of Complaint by plaintiff Robert Davis; (Paterson, Andrew) (Entered: 10/28/2020)

Oct. 28, 2020

Oct. 28, 2020

RECAP
5

EMERGENCY MOTION to expedite Briefing, Scheduling and Adjudication of Plaintiff's Emergency Motion for Partial Summary Judgment with respect to Count IV of Complaint 1 (ECF No. 4). by plaintiff Robert Davis; (Attachments: # 1 Exhibit A - Public Act 177 of 2020) (Paterson, Andrew) Modified text on 10/30/2020 (ems). (Entered: 10/28/2020)

Oct. 28, 2020

Oct. 28, 2020

PACER
6

EMERGENCY MOTION for temporary restraining order or in the Alternative, Motion for Preliminary Injunction with Respect to Count I of the Complaint 1 by plaintiff Robert Davis; (Paterson, Andrew) Modified text on 10/30/2020 (ems). (Entered: 10/29/2020)

Oct. 29, 2020

Oct. 29, 2020

RECAP
7

NOTICE that this case has been assigned Paul L. Maloney (ems) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER
8

SUMMONS ISSUED as to defendants Jocelyn Benson, Detroit Department of Elections, Janice Winfrey (ems) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER
9

CERTIFICATE of compliance re word count for EMERGENCY MOTION for temporary restraining order or in the Alternative, Motion for Preliminary Injunction with Respect to Count I of the Complaint 1 6 filed by Robert Davis (Paterson, Andrew) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER
10

CERTIFICATE of compliance re word count for EMERGENCY MOTION to expedite Briefing, Scheduling and Adjudication of Plaintiff's Emergency Motion for Partial Summary Judgment with respect to Count IV of Complaint 1 (ECF No. 4). 5 filed by Robert Davis (Paterson, Andrew) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER
11

CERTIFICATE of compliance re word count for EMERGENCY MOTION for partial summary judgment with respect to Count IV ONLY of Complaint 4 filed by Robert Davis (Paterson, Andrew) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER
12

ORDER denying 6 motion for injunctive relief ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

Clearinghouse
13

ORDER denying 4 Emergency Motions and Dismissing State Law Claim ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

Clearinghouse

(NON-DOCUMENT) ATTORNEY APPEARANCE of James D. Noseda on behalf of defendants Detroit Department of Elections, Janice Winfrey (Noseda, James)

Nov. 2, 2020

Nov. 2, 2020

PACER
14

PROOF OF SERVICE by plaintiff Robert Davis for Summons, Complaint, and Emergency Motion for Declaratory Judgment (Paterson, Andrew) (Entered: 11/03/2020)

Nov. 3, 2020

Nov. 3, 2020

PACER
15

SUMMONS returned executed; Detroit Department of Elections served on 10/30/2020, answer due 11/20/2020; Janice Winfrey served on 10/30/2020, answer due 11/20/2020 (Paterson, Andrew) (Entered: 11/03/2020)

Nov. 3, 2020

Nov. 3, 2020

PACER
16

MOTION to dismiss for failure to state a claim by defendants Detroit Department of Elections, Janice Winfrey; (Noseda, James) (Entered: 11/18/2020)

Nov. 18, 2020

Nov. 18, 2020

RECAP
17

CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to dismiss for failure to state a claim 16 filed by Detroit Department of Elections, Janice Winfrey (Noseda, James) (Entered: 11/18/2020)

Nov. 18, 2020

Nov. 18, 2020

PACER
18

CERTIFICATE of compliance re word count for MOTION to dismiss for failure to state a claim 16 filed by Detroit Department of Elections, Janice Winfrey (Noseda, James) (Entered: 11/18/2020)

Nov. 18, 2020

Nov. 18, 2020

PACER
19

FIRST AMENDED COMPLAINT against All Defendants filed by Robert Davis (Paterson, Andrew) Modified text on 12/10/2020 (ems). (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

Clearinghouse
20

RESPONSE TO MOTION to dismiss for failure to state a claim 16 filed by Robert Davis (Paterson, Andrew) (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

PACER
21

PROPOSED SUMMONS to be issued re 19 (Paterson, Andrew) (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

PACER
22

SUMMONS ISSUED as to defendant Brenda Green (ems) (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

PACER
23

SECOND MOTION to dismiss for failure to state a claim or alternatively drop improperly joined claim or dismiss for improper venue by defendant Janice Winfrey; (Noseda, James) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

RECAP
24

CERTIFICATE of compliance re word count for SECOND MOTION to dismiss for failure to state a claim or alternatively drop improperly joined claim or dismiss for improper venue 23 filed by Janice Winfrey (Noseda, James) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

PACER
25

CERTIFICATE regarding compliance with LCivR 7.1(d) re SECOND MOTION to dismiss for failure to state a claim or alternatively drop improperly joined claim or dismiss for improper venue 23 filed by Janice Winfrey (Noseda, James) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

PACER
26

ORDER dismissing as moot 16 motion to dismiss; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

Clearinghouse
27

NOTICE OF IMPENDING DISMISSAL as to defendant Jocelyn Benson for failure to serve; verified petition regarding service of process to be submitted by 1/19/2021 or the case will be dismissed; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 01/04/2021)

Jan. 4, 2021

Jan. 4, 2021

RECAP

(NON-DOCUMENT) ATTORNEY APPEARANCE of James W. McGinnis on behalf of defendant Brenda Green (McGinnis, James)

Jan. 4, 2021

Jan. 4, 2021

PACER
28

SUMMONS returned executed; Jocelyn Benson served on 12/17/2020, answer due 1/7/2021 (Paterson, Andrew) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

PACER
29

MOTION to dismiss for failure to state a claim pursuant to 12(b)(6) by defendant Brenda Green; (McGinnis, James) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

RECAP
30

MOTION to dismiss for failure to state a claim by defendant Jocelyn Benson; (Grill, Erik) (Entered: 01/07/2021)

Jan. 7, 2021

Jan. 7, 2021

PACER
31

BRIEF in support of MOTION to dismiss for failure to state a claim 30 filed by Jocelyn Benson (Attachments: # 1 Index Exhibit List, # 2 Exhibit A Davis v Benson, 20-000207-MZ, # 3 Exhibit B Davis v Benson, 20-000196-MZ) (Grill, Erik) Modified text on 1/8/2021 (eod) (Entered: 01/07/2021)

Jan. 7, 2021

Jan. 7, 2021

PACER
32

CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to dismiss for failure to state a claim 30 filed by Jocelyn Benson (Grill, Erik) (Entered: 01/07/2021)

Jan. 7, 2021

Jan. 7, 2021

PACER
33

CERTIFICATE of compliance re word count for Brief in Support of a Motion, 31 filed by Jocelyn Benson (Grill, Erik) (Entered: 01/07/2021)

Jan. 7, 2021

Jan. 7, 2021

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Heather S. Meingast on behalf of defendant Jocelyn Benson (Meingast, Heather)

Jan. 7, 2021

Jan. 7, 2021

PACER
34

CERTIFICATE of compliance re word count for MOTION to dismiss for failure to state a claim pursuant to 12(b)(6) 29 filed by Brenda Green (McGinnis, James) (Entered: 01/08/2021)

Jan. 8, 2021

Jan. 8, 2021

PACER
35

CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to dismiss for failure to state a claim pursuant to 12(b)(6) 29 filed by Brenda Green (McGinnis, James) (Entered: 01/08/2021)

Jan. 8, 2021

Jan. 8, 2021

PACER
36

PROPOSED STIPULATION and ORDER Allowing Plaintiff 21-day Extension to File Response to Defendants Janice Winfrey and Detroit Department of Elections' Motion to Dismiss by plaintiff Robert Davis (Paterson, Andrew) (Entered: 01/20/2021)

Jan. 20, 2021

Jan. 20, 2021

PACER
37

STIPULATION AND ORDER; deadline for plaintiff to file response to motion to dismiss 23 is extended to 2/3/2021; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 01/20/2021)

Jan. 20, 2021

Jan. 20, 2021

RECAP
38

PROPOSED STIPULATION and ORDER by plaintiff Robert Davis (Paterson, Andrew) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER
39

PROPOSED STIPULATION and ORDER by plaintiff Robert Davis (Paterson, Andrew) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER
40

STIPULATION AND ORDER; deadline for plaintiff to file response to 29 motion to dismiss is extended to 2/16/2021; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER
41

STIPULATION AND ORDER; deadline for plaintiff to file response to 30 motion to dismiss is extended to 2/18/2021; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

RECAP
42

PROPOSED STIPULATION and ORDER by plaintiff Robert Davis (Paterson, Andrew) (Entered: 02/03/2021)

Feb. 3, 2021

Feb. 3, 2021

PACER
43

STIPULATION AND ORDER; deadline for plaintiff to file response to motion to dismiss 23 is extended to 2/5/2021; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 02/03/2021)

Feb. 3, 2021

Feb. 3, 2021

PACER
44

RESPONSE TO SECOND MOTION to dismiss for failure to state a claim or alternatively drop improperly joined claim or dismiss for improper venue 23 filed by Robert Davis (Paterson, Andrew) (Entered: 02/05/2021)

Feb. 5, 2021

Feb. 5, 2021

PACER
45

RESPONSE TO MOTION to dismiss for failure to state a claim pursuant to 12(b)(6) 29 filed by Robert Davis (Paterson, Andrew) (Entered: 02/16/2021)

Feb. 16, 2021

Feb. 16, 2021

PACER
46

PROPOSED STIPULATION and ORDER by plaintiff Robert Davis (Paterson, Andrew) (Entered: 02/17/2021)

Feb. 17, 2021

Feb. 17, 2021

PACER
47

STIPULATION AND ORDER; deadline for plaintiff to file response to 30 motion to dismiss is extended to 2/22/2021; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 02/17/2021)

Feb. 17, 2021

Feb. 17, 2021

PACER
48

REPLY to response to motion 23 filed by Janice Winfrey (Noseda, James) (Entered: 02/18/2021)

Feb. 18, 2021

Feb. 18, 2021

PACER
49

CERTIFICATE of compliance re word count for Reply to Response to Motion 48 filed by Janice Winfrey (Noseda, James) (Entered: 02/18/2021)

Feb. 18, 2021

Feb. 18, 2021

PACER
50

PROPOSED STIPULATION and ORDER Dismissing Without Prejudice Counts I, II, III, and IV against Defendant Jocelyn Benson by plaintiff Robert Davis (Paterson, Andrew) (Entered: 02/23/2021)

Feb. 23, 2021

Feb. 23, 2021

RECAP
51

STIPULATION AND ORDER dismissing Counts I, II, III, IV against defendant Benson; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 02/23/2021)

Feb. 23, 2021

Feb. 23, 2021

RECAP
52

REPLY to response to motion 29 filed by Brenda Green (McGinnis, James) (Entered: 02/23/2021)

Feb. 23, 2021

Feb. 23, 2021

PACER
53

ORDER dismissing as moot 30 motion to dismiss; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 02/24/2021)

Feb. 24, 2021

Feb. 24, 2021

Clearinghouse
54

NOTICE OF VOLUNTARY DISMISSAL re Brenda Green filed by plaintiff Robert Davis (Paterson, Andrew) (Entered: 03/04/2021)

March 4, 2021

March 4, 2021

PACER
55

ORDER dismissing as moot 29 motion to dismiss; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 03/05/2021)

March 5, 2021

March 5, 2021

PACER
56

ORDER dismissing Detroit Department of Elections ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) (Entered: 08/27/2021)

Aug. 27, 2021

Aug. 27, 2021

PACER
57

ORDER granting 23 motion to dismiss ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) (Entered: 08/27/2021)

Aug. 27, 2021

Aug. 27, 2021

Clearinghouse
58

JUDGMENT ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) (Entered: 08/27/2021)

Aug. 27, 2021

Aug. 27, 2021

Clearinghouse

Case Details

State / Territory: Michigan

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: May 28, 2020

Closing Date: Aug. 27, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A private political activist.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of State Jocelyn Benson (Lansing, Ingham), State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

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

Content of Injunction:

Preliminary relief denied

Issues

Voting:

Voting: General & Misc.

Election administration

Vote dilution