University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Detroit NAACP v. Snyder VR-MI-0071
Docket / Court 2:13-cv-12098 ( E.D. Mich. )
State/Territory Michigan
Case Type(s) Election/Voting Rights
Attorney Organization NAACP Legal Defense Fund
Case Summary
On May 13, 2013, registered voters of the City of Detroit and the Detroit chapter of the National Association for the Advancement of Colored People ("NAACP") filed suit against the State of Michigan in the U.S. District Court for the Eastern District of Michigan. Represented by the NAACP and the ... read more >
On May 13, 2013, registered voters of the City of Detroit and the Detroit chapter of the National Association for the Advancement of Colored People ("NAACP") filed suit against the State of Michigan in the U.S. District Court for the Eastern District of Michigan. Represented by the NAACP and the Arab-American Civil Rights League, Plaintiffs asserted that their constitutional rights to equal protection and to participate in the political process were violated when the state appointed Emergency Managers to localities pursuant to Public Act 436, MCL §§ 141.1541 et seq. ("PA 436"). Filing the action pursuant to 42 U.S.C. § 1983, plaintiffs argued that the appointment of Emergency Managers to specific localities disproportionately impacted African Americans and generally violated political rights of the residents of those localities. Also, pursuant to Section 5 of the Voting Rights Act, 42 U.S.C. § 1973(c), plaintiffs argued that since part of the state was under a pre-clearance requirement, PA 436 was invalid because it impacted the power of certain citizens' vote without receiving pre-clearance. Thus, plaintiffs sought a declaration that PA 436 violated the Equal Protection Clause and the Due Process Clause of the fourteenth amendment, and a preliminary and permanent injunction prohibiting the state from implementing or enforcing PA 436, prohibiting Emergency Managers exercising authority pursuant to PA 436, and invalidating any actions taken by Emergency Managers in that capacity.

In response to the Supreme Court's ruling in Shelby County v. Holder, plaintiffs filed an amended complaint on June 27, 2013. In place of the count invoking Section 5 of the Voting Rights Act, plaintiffs included a count seeking that the court order cities with Emergency Manager under pre-clearance pursuant to Section 3 of the Voting Rights Act.

On July 11, 2013, the state moved to dismissed all count of plaintiffs' amended complaint. That motion is currently pending.

Dan Osher - 07/13/2013


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Defendant-type
Jurisdiction-wide
Discrimination-basis
Race discrimination
General
Voting
Plaintiff Type
Private Plaintiff
Race
Black
Voting
Vote dilution
Causes of Action Voting Rights Act, unspecified, 42 U.S.C § 1973 et seq.
Voting Rights Act, section 5, 42 U.S.C. § 1973c
42 U.S.C. § 1983
Defendant(s) State of Michigan
Plaintiff Description Residents and registered voters of the City of Detroit and the Detroit Branch of the National Association for the Advancement of Colored People ("NAACP").
Indexed Lawyer Organizations NAACP Legal Defense Fund
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
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)
2:13-cv-12098 (E.D. Mich.) 07/12/2013
VR-MI-0071-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Verified Complaint 05/13/2013
VR-MI-0071-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiff's First Amended Verified Complaint 06/27/2013
VR-MI-0071-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Steeh, George Caram III (E.D. Mich.)
VR-MI-0071-9000
Whalen, R. Steven (E.D. Mich.) [Magistrate]
VR-MI-0071-9000
Monitors/Masters None on record
Plaintiff's Lawyers Ayad, Nabih H (Michigan)
VR-MI-0071-0001 | VR-MI-0071-0002 | VR-MI-0071-9000
Hollowell, Melvin J. Jr. (Michigan)
VR-MI-0071-0001 | VR-MI-0071-0002
Defendant's Lawyers Barton, Denise C. (Michigan)
VR-MI-0071-9000
Murphy, Michael F (Michigan)
VR-MI-0071-9000
Other Lawyers None on record

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