CASE SUMMARY
On March 24, 2022 the U.S. Department of Justice filed a federal lawsuit against Galveston County, Texas, the Galveston County Commissioners Court, and the Commissioner Court's presiding officer challenging the County's adopted County Commissioners Court redistricting plan as violating the federal Voting Rights Act. Specifically, the DOJ alleges the plan violates Section 2 of the Voting Rights Act because it was adopted, at least in part, with the purpose of denying or abridging the right of Black and Hispanic voters to vote on account of their race or color and further results in the dilution of Black and Hispanic voters' voting strength, citing the elimination of the only district in which minority voters had an equal opportunity to elect candidates of their choice. They are seeking a judicial declaration that the 2021 County Commissioners Court plan violates Section 2 of the VRA as having both a discriminatory purpose and result, an injunction barring the defendants from using the plan in future elections, and a court order requiring the defendants to adopt a new plan which complies with the VRA.
On June 1, 2022, the district court consolidated this case with two other federal challenges to Galveston County's Commissioners Court redistricting plan.
Following an extensive bench trial the district court judge found that Galveston County's 2021 redistricting violated the Voting Rights Act, enjoined the use of the map in future elections, and ordered a remedial plan. The county appealed to the Fifth Circuit Court of Appeals. A three-judge panel of the Fifth Circuit affirmed the district court judge's findings, but also called for en banc review of the case in order to reevaluate the Fifth Circuit's precedents regarding coalition districts. The Fifth Circuit granted en banc review, vacated the three judge panel's affirmance, and stayed further remedial proceedings in Galveston County. Oral arguments are set for May before the en banc Fifth Circuit.
CASE LIBRARY
U.S. District Court for the Southern District of Texas, Galveston Division - No. 3:22-cv-93 [together with Nos. 3:13-cv-308; 3:22-cv-117]
- Complaint - 3/24/22
- Order for Conference and Disclosure of Interested Parties - 3/25/22
- Defendants' Consent Motion to Extend Deadline to File Responsive Pleading - 4/20/22
- Order - 4/25/22
- Defendants' Motion to Stay - 5/17/22
- Order Denying Motion to Stay - 5/24/22
- First Amended Complaint - 5/31/22
- Order of Consolidation - 6/1/22
- Plaintiffs' Opposed Motion to Request Scheduling Conference for Consolidated Cases - 6/28/22
- Defendants', Galveston County's and Hon. Judge Mark Henry's, Response to Plaintiffs' Motion to Request Scheduling Conference - 6/28/22
- Petteway Plaintiffs' Response in Opposition to Defendants' Motion to Dismiss - 6/29/22
- NAACP Plaintiffs' Opposition to Defendants' Motion to Dismiss - 6/29/22
- Order - 6/29/22
- United States' Opposition to Defendants' Motion to Dismiss - 7/5/22
- Defendants', Galveston County's and Hon. Judge Mark Henry's, Reply Brief in Support of Their Motion to Dismiss Second Amended Complaint of Hon. Michael Montez, et al. - 7/6/22
- Defendants', Galveston County's, Hon. Judge Mark Henry's, and Dwight D. Sullivan's, Reply Brief in Support of Their Motion to Dismiss First Amended Complaint of Dickinson Bay Area Branch NAACP, et al. - 7/6/22
- Defendants', Galveston County, Texas, Galveston County Commissioners Court, and Hon. Mark Henry's, in His Capacity as Galveston County Judge, Reply Brief in Support of Their Motion to Dismiss the First Amended Complaint of the United States of America - 7/12/22
- Consent Motion for Entry of Stipulation and Order Regarding Discovery of Documents and Electronically Stored Information - 8/12/22
- Defendants' Notice of Additional Authority - 9/8/22
- Petteway Plaintiffs' Response to Defendants' Notice of Additional Authority - 9/23/22
- United States' Response to Defendants' Notice of Additional Authority - 9/29/22
- Consolidated Defendants' Renewed Motion to Stay - 9/30/22
- Petteway Plaintiffs' Response in Opposition to Defendants' Renewed Motion to Stay - 10/21/22
- United States' Response in Opposition to Defendants' Renewed Motion to Stay - 10/21/22
- Petteway Plaintiffs' Notice of Additional Authority - 10/27/22
- Reply in Support of Consolidated Defendants' Renewed Motion to Stay - 10/28/22
- Order Denying Defendants' Renewed Motion to Stay - 11/17/22
- Joint Discovery Dispute Letter - 1/4/23
- United States' Designation of Expert Witnesses - 1/13/23
- Petteway Plaintiffs' Designation of Experts - 1/13/23
- NAACP Plaintiffs' Notice of Designation of Testifying Experts - 1/13/23
- Joint Discovery Dispute Letter - 1/25/23
- Joint Letter Requesting Ruling on Discovery Dispute - 2/16/23
- Defendants' Response in Opposition to the United States' Motion to Compel - 2/21/23
- Defendants' Response in Opposition to Plaintiffs' Motion to Compel - 2/21/23
- NAACP and Petteway Plaintiffs' Reply in Support of Joint Motion to Compel Production - 2/21/23
- United States' Reply in Support of Its Motion to Compel Production - 2/21/23
- Parties' Joint Motion for Trial Setting - 3/3/23
- Order Setting Trial - 3/8/23
- Joint Consent Motion for the Entry of Standing Protective Order - 3/13/23
- Standing Protective Order - 3/14/23
- Defendants' Designation of Expert Witnesses - 3/17/23
- Memorandum Opinion and Order - 3/30/23
- Memorandum Opinion and Order - 3/30/23
- Memorandum Opinion and Order - 3/30/23
- Joint Letter Requesting Ruling on Discovery Dispute - 4/7/23
- Defendants' Consent Motion for Extension of time to File Answers in Response to Plaintiffs' Operative Complaints - 4/13/23
- Order - 4/14/23
- Consent Motion for Leave to Take Certain Depositions Out of Time - 4/14/23
- Order - 4/17/23
- Order - 4/17/23
- Order - 4/19/23
- Order - 4/19/23
- Joint Motion of NAACP Plaintiffs, Petteway Plaintiffs, and Defendants to Supplement Motion to Compel Production of Documents - 4/21/23
- Defendants' Answer to the Petteway Plaintiffs' Second Amended Complaint - 4/21/23
- Defendants' Answer to the NAACP and LULAC Plaintiffs' First Amended Complaint - 4/21/23
- Defendants' Answer to the USA Plaintiff's First Amended Complaint - 4/21/23
- Defendants' Motion for an Extension of the April 28 Dispositive Motions Deadline and Request for Expedited Ruling - 4/25/23
- Order - 4/25/23
- Joint Letter Requesting Ruling on Discovery Dispute - 4/26/23
- NAACP Plaintiffs' and United States' Response in Opposition to Defendants' Motion for Extension of Time - 4/27/23
- Petteway Plaintiffs' Response to Defendants' Motion for Extension of Time - 4/27/23
- Defendants' Reply to Plaintiffs' Opposition to Defendants' Motion for an Extension of Time to File Dispositive Motions - 4/28/23
- Order - 4/28/23
- Amended Docket-Control Order - 4/28/23
- Joint Letter Requesting Ruling on Discovery Dispute - 5/1/23
- Order - 5/1/23
- Private Plaintiffs' Supplement to the/ Motion to Compel - 5/2/23/
- Defendant's Opposition to Private Plaintiffs' Supplement to the Motion to Compel - 5/5/23
- Order - 5/8/23
- Letter from Commissioner Holmes - 5/9/23
- NAACP Plaintiffs' Notice of Filing Declarations in Support of First Amendment Privilege - 5/9/23
- Defendants' Unopposed Motion for LEave to File a Single Motion for Summary Judgment in Consolidated Case [...] - 5/9/23
- Order - 5/10/23
- Letter Regarding Discovery Dispute Rebuttal Expert Report Underlying Materials - 5/10/23
- Defendants' Motion for Summary Judgment - 5/12/23
- Opinion and Order - 5/15/23
- NAACP Plaintiffs' Unopposed Motion to Extend Page Limit for Response to Defendants' Motion for Summary Judgment - 5/30/23
- Order - 5/31/23
- Order - 6/2/23
- NAACP Plaintiffs' Response in Opposition to Defendants' Motion for Summary Judgment - 6/2/23
- Petteway Plaintiffs' Opposition to Defendants' Motion for Summary Judgment - 6/2/23
- United States' Opposition to Defendants' Motion for Summary Judgment - 6/2/23
- Defendant's Partially Opposed Motion for Leave to File a Single Reply to the Responses to the Motion for Summary Judgment [...] - 6/14/23
- Order - 6/15/23
- Joint Motion to Clarify Time Allotted for Trial - 6/16/23
- Defendants' Consolidated Reply in Support of Their Motion for Summary Judgment - 6/16/23
- Defendants' Motion to Exclude Portions of Dr. Matthew Barreto's Expert and Rebuttal Reports - 6/16/23
- Defendants' Motion to Exclude Dr. LaFleur Stephens-Dougan's Expert Report - 6/16/23
- Order - 6/20/23
- NAACP Plaintiffs' Opposition to Defendants' Motion to Exclude Dr. LaFleur Stephens-Dougan's Expert Report - 7/7/23
- Petteway Plaintiffs' Opposition to Defendants' Motion to Exclude Portions of Dr. Barreto's Expert and Rebuttal Reports - 7/7/23
- Order - 7/11/23
- Order - 7/18/23
- Defendants' Trial Witness List - 7/18/23
- [Proposed] Plaintiffs' Pretrial Order - 7/18/23
- Plaintiffs' Designations of Deposition Testimony - 7/18/23
- Defendants' Exhibit List - 7/18/23
- Defendants' Objections to Plaintiffs' Proposed Trial Exhibits - 7/18/23
- Defendants' Deposition Designations and Objections and Counter-Designations to Plaintiffs' Deposition Designations - 7/18/23
- The Parties' Amended Joint Exhibit List - 7/24/23
- Order - 7/26/23
- Consolidated Plaintiffs' Motion to Admit Expert Reports - 7/27/23
- Notice of Filing Consolidated Plaintiffs' Amended Exhibit List - 7/28/23
- Defendants' Response to Plaintiffs' Motion to Admit Expert Reports - 8/1/23
- Order - 8/4/23
- Order - 8/6/23
- Defendants' Opposed Motion for Extension of Time to File Closing Briefs and Findings [...] - 9/6/23
- Opposition to Defendants' Motion for Extension of Time - 9/6/23
- Order - 9/6/23
- Order - 9/8/23
- Notice Regarding Plaintiffs' Exhibit List - 9/11/23
- Consolidated Plaintiffs' Proposed Findings of Fact and Conclusions of Law - 9/11/23
- Petteway Plaintiffs' Closing Statement - 9/11/23
- Petteway Plaintiffs' Proposed Trial Order - 9/11/23
- NAACP/LULAC Plaintiffs' Closing Statement - 9/11/23
- United States' Post-Trial Brief - 9/11/23
- Defendants' Closing Brief - 9/11/23
- Defendants' Proposed Findings of Fact and Conclusions of Law - 9/11/23
- NAACP/LULAC Plaintiffs' Response to Defendants' Closing Statement - 9/18/23
- Petteway Plaintiffs' Response to Defendants' Written Closing - 9/18/23
- United States' Post-Trial Brief in Response - 9/18/23
- Defendants' Response to Plaintiffs' Closing Briefs - 9/18/23
- Findings of Fact and Conclusions of Law - 10/13/23
- Order - 10/13/23
- Defendants' Notice of Appeal - 10/14/23
- Defendants' Emergency Motion to Stay Injunction Pending Appeal - 10/14/23
- Order - 10/15/23
- Private Plaintiffs' Unopposed Motion for Extension of Time to File Motion for Fees and Bill of Costs - 10/19/23
- Order - 10/20/23
- Defendants' Supplemental Admitted Trial Exhibit List - 10/25/23
- Joint Plaintiffs' Emergency Motion for Remedial Order - 11/30/23
- Order - 11/30/23
- Notice of Resetting - 12/1/23
- Defendants' Response to Plaintiffs' Emergency Motion for Remedial Order Pending Appeal and Notice of Request for Response in Fifth Circuit - 12/1/23
United States Court of Appeals for the Fifth Circuit - No. 23-40582
- Appellants' Emergency Motion for Stay Pending Appeal and for Temporary Administrative Stay - 10/17/23
- Unpublished Order - 10/18/23
- Unpublished Order - 10/19/23
- Appellants' Brief - 10/26/23
- Amicus Curiae Brief of Judicial Watch, Inc. - 11/2/23
- Brief of Appellee Untied States of America - 11/2/23
- Brief for Plaintiffs-Appellees - 11/2/23
- Appellants' Opposed Petition for En Banc Hearing - 11/2/23
- Petteway Appellees' Brief - 11/2/23
- Brief of the Lawyers' Committee for Civil Rights Under Law as Amicus Curiae - 11/2/23
- Letter from the Court Regarding Petition for En Banc Hearing - 11/3/23
- Letter Regarding Corrected Cites - 11/3/23
- Petteway Appellees' Response to Appellants' En Banc Petition - 11/6/23
- Appellee United States of America's Response to Petition for En Banc Hearing - 11/6/23
- Response of Plaintiffs-Appellees - 11/6/23
- Appellants' Consolidated Reply Brief - 11/6/23
- Supplemental Letter from DOJ - 11/9/23
- Supplemental Letter from NAACP/LULAC - 11/9/23
- Opinion - 11/10/23
- Judgment - 11/10/23
- Order - 11/10/23
- Letter to the Court Regarding Important Deadlines - 11/15/23
- Order - 11/28/23
- Order - 11/30/23
- Letter to the Court Regarding Motion for Stay Pending Appeal - 11/30/23
- Letter to the Court in Opposition to Appellants' Motion for Stay Pending Appeal - 12/1/23
- Appellants' Renewed Emergency Motion to Stay Pending Appeal - 12/1/23
- Another Letter to the Court in Opposition to Appellants' Motion for Stay Pending Appeal - 12/1/23
- Order Requesting Response - 12/1/23
- Letter to the Court Regarding Notice of Resetting - 12/1/23
- Response in Opposition to Appellants' Emergency Motion to Stay [...] - 12/4/23
- Petteway Plaintiffs' Response in Opposition to Appellants' Emergency Motion to Stay [...] - 12/4/23
- Response of Appellee United States of America to Appellants' Renewed Emergency Motion to Stay [...] - 12/4/23
- Appellees' Reply in Support of Their Renewed Emergency Motion to Stay Pending Appeal - 12/5/23
- Order - 12/7/23
Supreme Court of the United States - No. 23A449
- Application to Vacate Stay - 11/16/23
- Letter to the Clerk - 11/28/23
- Response [...] in Support of Application to Vacate Stay and Appendix - 11/28/23
- Respondents' Response to Emergency Application to Vacate Stay - 11/28/23
- Applicants' Reply in Support of Emergency Application to Vacate the Fifth Circuit's Stay [...] - 11/29/23
- Letter to the Clerk - 11/30/23
- Order Dismissing the Application as Moot - 12/1/23