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Case Name Brooks v. Gant VR-SD-0048
Docket / Court 12–5003–KES ( D.S.D. )
State/Territory South Dakota
Case Type(s) Election/Voting Rights
Case Summary
On January 13, 2012, members of the Oglala Sioux Tribe of South Dakota filed a lawsuit in the U.S. District Court for the District of South Dakota against the State of South Dakota, Shannon County, and Fall River County, under §2 and §5 of the Voting Rights Act, the Indian Citizenship Act, 42 U.S. ... read more >
On January 13, 2012, members of the Oglala Sioux Tribe of South Dakota filed a lawsuit in the U.S. District Court for the District of South Dakota against the State of South Dakota, Shannon County, and Fall River County, under §2 and §5 of the Voting Rights Act, the Indian Citizenship Act, 42 U.S.C. §1983, the Declaratory Judgment Act, and state law. The plaintiffs, represented by private counsel, asked the court for both declaratory and injunctive relief. They argued that the lack of early voting in Shannon County, the county where the Oglala Sioux reside and which is populated entirely by Native Americans, violated the plaintiffs' rights.

As of the date of this summary, the case is at the summary judgment stage. Arguments thus far have focused primarily on issues of standing. The defendants moved to dismiss because they have voluntarily agreed to provide early voting in Shannon County through 2018. For this reason, the plaintiffs' motion for a preliminary injunction was denied as moot (2012 WL 871262,) but the trial judge (Judge Karen Schrier) ruled against defendants' motion to dismiss the action on October 4, 2012 because of the likelihood of the issue recurring in the future (2012 WL 4748071.) Named defendant Gant, the South Dakota Secretary of State, brought an additional claim to dismiss on 11th Amendment grounds, but the trial judge refused the motion since the case is a properly brought Ex Parte Young suit (2012 WL 4482984.) The matter is ongoing.

Jonathan Forman - 06/04/2013


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Issues and Causes of Action
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Issues
Constitutional Clause
Equal Protection
Content of Injunction
Preliminary relief denied
Defendant-type
Jurisdiction-wide
Discrimination-basis
Race discrimination
General
Voting access
Plaintiff Type
Private Plaintiff
Race
American Indian/Alaskan Native
Voting
Election administration
Causes of Action Voting Rights Act, unspecified, 42 U.S.C § 1973 et seq.
Voting Rights Act, section 5, 42 U.S.C. § 1973c
Voting Rights Act, section 2, 42 U.S.C. § 1973
State law
Declaratory Judgment Act, 28 U.S.C. § 2201
42 U.S.C. § 1983
Defendant(s) Fall River County
Shannon County
State of South Dakota
Plaintiff Description Specified enrolled members of the Oglala Sioux Tribe and qualified voters of the State of South Dakota.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Docket(s)
12-cv-5003-KES (D.S.D.) 04/08/2013
VR-SD-0048-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 01/13/2012
VR-SD-0048-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Defendants' Motion to Dismiss [Plaintiff's Preliminary Injunction] and Denying Plaintiffs' Motion for Preliminary Injunction as Moot 03/14/2012 (2012 WL 871262) (D.S.D.)
VR-SD-0048-0004.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Shannon County Early Voting Study 09/21/2012
VR-SD-0048-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Denying Defendant Gant's Motion to Dismiss 09/27/2012 (2012 WL 4482984) (D.S.D.)
VR-SD-0048-0005.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendant Summary Judgment Brief 10/01/2012
VR-SD-0048-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Denying Defendants' Motion to Dismiss and Granting Defendants' Motion to Extend 10/04/2012 (2012 WL 4748071) (D.S.D.)
VR-SD-0048-0006.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Schreier, Karen E. (D.S.D.)
VR-SD-0048-0004 | VR-SD-0048-0005 | VR-SD-0048-0006 | VR-SD-0048-9000
Monitors/Masters None on record
Plaintiff's Lawyers Sandven, Steven Daniel (South Dakota)
VR-SD-0048-0001 | VR-SD-0048-9000
Defendant's Lawyers Frankenstein, Sara (South Dakota)
VR-SD-0048-0003 | VR-SD-0048-9000
Mann, Rebecca L. (South Dakota)
VR-SD-0048-9000
Williams, Richard M. (South Dakota)
VR-SD-0048-9000
Other Lawyers Doody, Robert J. (South Dakota)
VR-SD-0048-9000

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