CASE SUMMARY

On October 18, 2021, an incarcerated Texas resident filed a federal lawsuit against Texas’s Governor, Lt. Governor, Secretary of State, and the Speaker of the Texas House of Representatives challenging the state’s new congressional redistricting plan, and the state’s general treatment of incarcerated populations for redistricting purposes, as violating the U.S. Constitution. Plaintiff argued the state practice of treating incarcerated persons as residents of their correctional facility, rather than at their prior home addresses, and resulting congressional plan, violated his right to “equal representation” under Article I, § 2 of the U.S. Constitution and the Equal Protection Clause of the 14th Amendment. He sought a declaratory judgment that the plan was unconstitutional, an injunction barring its use in future elections, and any other relief he was entitled to.

• On November 19, 2021, the U.S. District Court for the Western District of Texas consolidated this case with several other pending challenges to Texas’s redistricting plans: League of United Latin Am. Citizens v. Abbott; Voto Latino v. Scott; Mexican Am. Legislative Caucus v. Texas; Brooks v. Abbott; Fair Maps Texas Action Comm. v. Abbott; & Texas State Conf. of the NAACP v. Abbott.
• On December 3, 2021, the court dismissed the Wilson plaintiff’s complaint for lack of standing since an incarcerated felon, who couldn’t then vote, had not suffered an “injury in fact” to establish standing.
• On February 8, 2022, the court rejected the plaintiff’s motion to amend his complaint and dismissed the action.

CASE LIBRARY

U.S. District Court for the Western District of Texas, Austin Division - No. 1:21-cv-943 [consolidated with 3:21-cv-259, 1:21-cv-965, 1:21-cv-988, 1:21-cv-991, 1:21-cv-1006, & 1:21-cv-1038]

• Complaint - 10/18/21
• Plaintiffs' Opposed Motion for Certification of Class Action - 11/8/21
• Order Constituting Three-Judge Court - 11/8/21
• Unopposed Motion to Set Responsive Pleading Deadline for All Named Defendants - 11/15/21
• Defendants' Unopposed Motion to Extend Deadline to Respond to Plaintiff's Motion for Class Certification - 11/18/21
• Order Consolidating Cases - 11/19/21
• Order Dismissing Wilson Complaint - 12/3/21
• Plaintiff Wilson's Objection and Request for Reconsideration of Dismissal Based on Lack of Standing - 12/5/21
• Order Denying Leave to Amend and Dismissing Action - 2/8/22
• Final Judgment - 2/8/22