CASE SUMMARY
On January 31, 2017, a North Carolina voter filed a lawsuit against the N.C. State Board of Elections and the Hoke County Board of Elections challenging the at-large method of electing Hoke County Commissioners as diluting Black voters’ voting strength in violation of the federal and state constitutions’ Equal Protection Clauses as well as constituting a racial gerrymander in violation of the U.S. Constitution’s 14th Amendment. They sought preliminary and permanent injunctive relief barring the at-large election method from being used in future elections and an order requiring the Hoke County Board of Commissioners to implement a constitutional districting plan for its elections.
- On May 15, 2017, the U.S. District Court for the Middle District of North Carolina granted the defendants’ motion to dismiss on the grounds the plaintiff failed to state a racial gerrymandering claim against the County Board of Elections and their claim against the State Board of Elections was barred by the 11th Amendment. Plaintiff appealed to the U.S. Court of Appeals for the Fourth Circuit on June 14, 2017.
- On May 25, 2017, the Fourth Circuit affirmed the district court’s decision.
- Plaintiff filed a petition for a writ of certiorari with the U.S. Supreme Court, which was denied on January 8, 2018.
CASE LIBRARY
U.S. District Court for the Middle District of North Carolina - No. 1:17-cv-00078 (Originally Walker v. N.C. State Bd. of Elections)
- Complaint - 1/31/17
- Summons - 2/17/17
- Motion to Expedite Proceedings - 2/27/17
- Defendant N.C. State Board of Elections' Motion to Dismiss - 3/17/17
- Memorandum of Law in Support of Defendant's Motion to Dismiss - 3/17/17
- Plaintiff's Memorandum in Opposition to Defendant's Motion to Dismiss and Motion to Amend Complaint - 3/23/17
- Defendant Hoke County Board of Elections' Motion for Extension of Time to Respond - 3/24/17
- Response in Opposition to Motion for Extension of Time to Respond - 3/29/17
- Plaintiff's Motion for Entry of Default - 3/29/17
- Denial of Entry of Default - 3/30/17
- Plaintiff's Motion for Expedited Review - 3/30/17
- Reply of the North Carolina State Board of Elections to Plaintiff's Opposition to the Motion to Dismiss - 4/6/17
- Response of the North Carolina State Board of Elections to Plaintiff's Motion to Amend the Complaint - 4/6/17
- Plaintiff's Reply to North Carolina State Board of Election's Replies - 4/12/17
- Plaintiff's Motion for Judgment on the Pleadings - 4/17/17
- Defendant Hoke County Board of Elections' Motion to Dismiss for Failure to State a Claim - 4/17/17
- Defendant Hoke County Board of Elections' Brief in Support of Motion to Dismiss - 4/17/17
- Motion in Opposition to Hoke County Board of Elections' Motion to Dismiss - 4/20/17
- Plaintiff's Renewed Motion for Judgment on the Pleadings - 4/24/17
- Brief in Support of Plaintiff's Renewed Motion for Judgment on the Pleadings - 4/24/17
- Order - 4/28/17
- Amended Complaint - 4/28/17
- Hoke County Board of Elections' Reply Brief - 5/8/17
- Plaintiff's Omnibus Response to Court Order of April 28, 2017 - 5/8/17
- Order and Judgment - 5/15/17
- Order of Dismissal - 6/8/17
- Notice of Appeal - 6/14/17
U.S. Court of Appeals for the Fourth Circuit - No. 17-1383
- Petition for a Writ of Mandamus - 3/28/17
- Per Curiam Opinion - 5/25/17
- Judgment - 5/25/17
U.S. Court of Appeals for the Fourth Circuit - No. 17-1727
- Appellant's Informal Opening Brief - 6/22/17
- Informal Brief of Defendant-Appellee, North Carolina State Board of Elections - 7/5/17
- Informal Response Brief of Appellee Hoke County Board of Elections - 7/6/17
- Appellant's Informal Reply Brief - 7/11/17
- Per Curiam Opinion - 7/31/17
- Judgment - 7/31/17
- Petition for Rehearing En Banc - 8/9/17
- Stay of Mandate - 8/9/17
- Order Denying Petition for Rehearing En Banc - 9/6/17
U.S. Supreme Court - No. 17-6309