Filed Date: Aug. 19, 2020
Closed Date: Nov. 25, 2020
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On August 19, 2020, a Philadelphia voter and independent congressional candidate filed this lawsuit in the U.S. District Court for the District of Pennsylvania where it was assigned to Judge Anita B. Brody and subsequently transferred to Judge Gerald A. McHugh. The plaintiff sued the United States Postal Service, the Postmaster General, and the President of the United States alleging that operational changes to the Postal Service, beginning in June 2020, violated Pennsylvania voters' First and Fourteenth Amendment rights in connection with the 2020 election, specifically related to Freedom of Speech and Equal Protection. Represented by private counsel, the candidate asked the court for declaratory and injunctive relief, alleging that changes at the Postal Services would hinder Pennsylvania voters' ability to vote by mail during the COVID-19 health crisis. The Postal Service changes included reducing mail processing machines, removing hundreds of high-volume mail-processing machines, and removing mailboxes, allegedly in areas with high concentrations of minority, low income, and Democratic voters.
The candidate moved to enjoin the Postal Service from implementing operational and policy changes leading up to the election through a preliminary injunction, which the candidate filed on September 18, 2020. The candidate requested that the court enjoin the implementation of operational changes beginning in June 2020 and sought to prohibit the Postal Service from reducing staff hours, prohibiting overtime, and prohibiting late trips prior to the General Election on November 3, 2020. The candidate also sought to prohibit the Postal Service from other acts that would delay the delivery of mail to election officials.
The court did not decide this preliminary injunction because the parties settled on October 8, 2020. The Postal Service agreed to restrictions that limited its ability to reduce retail hours, remove collection boxes and mail sorting machines, and close or consolidate mail processing facilities. The Postal Service also agreed that “late or extra trips that are reasonably necessary to complete timely mail delivery would not be unreasonably restricted or prohibited,” and that it would not ban or newly restrict employee overtime. Additionally, the Postal Service agreed to prioritize the delivery of election mail in a timely manner consistent with the long-standing practices of the United States Postal Service. The parties’ agreement restricted the Postal Service operational and policy procedures during the 2020 election. As such, the court retained jurisdiction of the case until the 2020 election was complete. On November 25, 2020, the court dismissed the case with prejudice because no subsequent issues arose.
Summary Authors
Betsy Sheppard (2/16/2020)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17460457/parties/johnakin-v-united-states-postal-service/
McHugh, Gerald Austin Jr. (Pennsylvania)
Borson, Joseph Evan (District of Columbia)
Cholera, Kuntal (District of Columbia)
Clark, Jeffrey Bossert (District of Columbia)
Gill, Eric D (Pennsylvania)
McHugh, Gerald Austin Jr. (Pennsylvania)
See docket on RECAP: https://www.courtlistener.com/docket/17460457/johnakin-v-united-states-postal-service/
Last updated March 30, 2024, 3:19 a.m.
State / Territory: Pennsylvania
Case Type(s):
Special Collection(s):
Healthy Elections COVID litigation tracker
Key Dates
Filing Date: Aug. 19, 2020
Closing Date: Nov. 25, 2020
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Independent candidate for Congress from Philadelphia
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
President of the United States, Federal
United States Postal Service, Federal
Defendant Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Order Duration: 2020 - 2020
Content of Injunction:
Preliminary relief request withdrawn/mooted
Issues
General:
Voting: