CASE SUMMARY
On April 22, 2022, a Missouri congressional candidate filed a federal lawsuit against the State of Missouri and Missouri’s Secretary of State challenging the state’s congressional redistricting plan, enacted in 2012, as unconstitutionally malapportioned in violation of the one person, one vote requirements of the U.S. Constitution as well as the Missouri Constitution. Plaintiff also argued the state’s failure to enact a new congressional plan would result in violations of various state election laws setting candidate qualifying deadlines for primary elections. He sought a judicial declaration the 2012 plan was unconstitutional, preliminary and permanent injunctive relief barring its use in future elections, and a court order adopting a lawful plan in time for the 2022 election.
- On May 9, 2022, the federal district court denied the plaintiffs’ request for a temporary restraining order.
- On May 27, 2022, after the state enacted a new congressional plan, plaintiff filed an amended complaint challenging the new plan as a racial gerrymander in violation of the 14th Amendment’s Equal Protection Clause.
- On June 9, 2022, the district court dismissed the plaintiff’s original claims as moot, leaving only his racial gerrymandering claim active.
- On July 8, 2022, the court dismissed the case on the grounds the 2022 elections were already too close for judicial action and the plaintiff had otherwise failed to establish his claim.
CASE LIBRARY
U.S. District Court for the Eastern District of Missouri, St. Louis Division - No. 4:22-cv-465
- Complaint - 4/22/22
- Verified Motion for Temporary Restraining Order - 4/22/22
- Notice Requesting Hearing on Motion for Temporary Restraining Order - 4/22/22
- Order - 4/25/22
- Plaintiff's Memorandum - 4/26/22
- Scheduling Order - 4/26/22
- Motion to Convene Three Judge Court - 4/27/22
- Motion to Shorten Time and Expedited Setting - 4/27/22
- Order - 4/27/22
- Defendants' Response to Plaintiff's Motion for Temporary Restraining Order and Motion to Convene a Three-Judge Panel - 5/3/22
- First Amended Motion to Shorten Time and Expedited Setting - 5/4/22
- Motion to Adjudicate Plaintiff's Motion to Convene Three-Judge Court Upon Pleadings - 5/4/22
- Motion to Intervene as Plaintiffs - 5/6/22
- Memorandum in Support of Motion to Intervene as Plaintiffs - 5/6/22
- Plaintiff Berry's Reply to Defendants' Reply to Temporary Restraining Order - 5/7/22
- Scheduling Order - 5/9/22
- Memorandum and Order - 5/9/22
- Motion to Intervene as Plaintiffs - 5/10/22
- Memorandum in Support of Motion to Intervene as Plaintiffs - 5/10/22
- Defendants' Response to Motions to Intervene by Pareles and Thomas Plaintiffs - 5/11/22
- Plaintiff Berry's Motion to Dismiss Count IV of the Complaint - 5/16/22
- Memorandum and Order Granting Motions to Intervene - 5/16/22
- Motion to Reconsider Verified Motion for Temporary Restraining Order - 5/17/22
- Defendants' Motion to Dismiss All Complaints as Moot - 5/17/22
- Letter Designating Three-Judge Panel - 5/18/22
- Order - 5/20/22
- Non-Opposition to Defendants' Motion to Dismiss - 5/26/22
- Motion for Leave to File First Amended Complaint for Declaratory and Injunctive Relief - 5/27/22
- First Amended Complaint for Declaratory and Injunctive Relief - 5/27/22
- Defendants' Reply in Support of Motion to Dismiss All Complaints as Moot - 6/2/22
- Memorandum and Order - 6/9/22
- Defendants' Motion to Dismiss the First Amended Complaint - 6/10/22
- Order to Show Cause - 6/28/22
- Memorandum Opinion and Order - 7/8/22
- Order of Dismissal - 7/8/22