Case: Libertarian Party of North Dakota v. Jaeger

3:10-cv-00064 | U.S. District Court for the District of North Dakota

Filed Date: July 16, 2010

Clearinghouse coding complete

Case Summary

On July 16, 2010, the Libertarian Party of North Dakota and three LPND candidates filed suit in the U.S. District Court for the District of North Dakota against the state of North Dakota, under 42 U.S.C. § 1983. They sought a declaratory judgment, alleging that their exclusion from the general ballot after failing to gain a state-imposed threshold number of votes in the primary election violated the First and Fourteenth Amendments of the Constitution.

On September 3, 2010, the District Court (Judge Ralph Erickson) granted the state's motion to dismiss, because a state may limit access to the general ballot to only those candidates who were able to gain a "substantial modicum" of support in the primary election. The Eighth Circuit affirmed the decision on appeal (659 F.3d 687) and the Supreme Court denied certiorari (566 U.S. 939).

Summary Authors

Jonathan Forman (6/13/2013)

People


Judge(s)

Bye, Kermit Edward (North Dakota)

Erickson, Ralph R. (North Dakota)

Klein, Karen K. (North Dakota)

Attorney for Plaintiff

Hall, Oliver B. (District of Columbia)

Attorney for Defendant

Bahr, Douglas Alan (North Dakota)

Judge(s)

Bye, Kermit Edward (North Dakota)

Erickson, Ralph R. (North Dakota)

Klein, Karen K. (North Dakota)

Attorney for Defendant

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Documents in the Clearinghouse

Document

3:10-cv-00064

Docket

Dec. 2, 2011

Dec. 2, 2011

Docket
3

3:10-cv-00064

Complaint

July 14, 2010

July 14, 2010

Complaint
16

3:10-cv-00064

Memorandum Opinion and Order Granting Defendant's Motion to Dismiss and Denying Plaintiffs' Request for a Preliminary Injunction

Sept. 3, 2010

Sept. 3, 2010

Order/Opinion

3:10-cv-00064

Opinion (8th Circuit)

U.S. Court of Appeals for the Eighth Circuit

Oct. 17, 2011

Oct. 17, 2011

Order/Opinion

659 F.3d 659

3:10-cv-00064

Petition for Certiorari

Supreme Court of the United States

Feb. 21, 2012

Feb. 21, 2012

Pleading / Motion / Brief

11-01050

Opinion

Supreme Court of the United States

April 16, 2012

April 16, 2012

Order/Opinion

566 U.S. 566

Docket

Last updated March 21, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
2

ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting 1 Motion for Leave to Appear pro hac vice to attorney Oliver B. Hall. (NJM) (Entered: 07/20/2010)

July 20, 2010

July 20, 2010

3

COMPLAINT against Alvin A. Jaeger (Filing fee $350, receipt number FA001982) filed by Anthony Stewart, Libertarian Party of North Dakota, Thommy Passa, Richard Ames. (Attachments: # 1 Exhibit A − Declaration of Richard Winger with Exhibits)(lf) (Entered: 07/20/2010)

July 20, 2010

July 20, 2010

4

Summons Issued as to Alvin A. Jaeger. (lf) (Entered: 07/20/2010)

July 20, 2010

July 20, 2010

5

MOTION for Preliminary Injunction by Richard Ames, Libertarian Party of North Dakota, Thommy Passa, Anthony Stewart. (Hall, Oliver) (Main Document 5 replaced on 8/2/2010 to reflect only the Motion and Certificate of Service) (lf). NEF regenerated to all parties. (Entered: 07/29/2010)

July 29, 2010

July 29, 2010

6

MEMORANDUM in Support re 5 MOTION for Preliminary Injunction filed by Richard Ames, Libertarian Party of North Dakota, Thommy Passa, Anthony Stewart. (Attachments: # 1 Exhibit A − Declaration of Oliver B. Hall)(lf) (Entered: 08/02/2010)

July 29, 2010

July 29, 2010

DOCKET CORRECTION re: 5 Motion for Preliminary Injunction. The pleading included a Memorandum in Support with an exhibit which should have been filed separately from the Motion. The Clerk's Office separated the pleadings, replaced the Motion pleading at 5 , and filed the Memorandum in Support as a separate event at 6 . (lf) (Entered: 08/02/2010)

Aug. 2, 2010

Aug. 2, 2010

7

SUMMONS Returned Executed by Anthony Stewart, Libertarian Party of North Dakota, Thommy Passa, Richard Ames. Alvin A. Jaeger served on 8/2/2010, answer due 8/23/2010 (Attachments: # 1 Exhibit USPS Proof of Service)(Hall, Oliver) (Entered: 08/03/2010)

Aug. 3, 2010

Aug. 3, 2010

8

MOTION for Hearing re 5 MOTION for Preliminary Injunction, MOTION to Expedite Motion for Hearing and Motion for Preliminary Injunction by Richard Ames, Libertarian Party of North Dakota, Thommy Passa, Anthony Stewart. (Hall, Oliver) (Entered: 08/03/2010)

Aug. 3, 2010

Aug. 3, 2010

9

MOTION to Dismiss by Alvin A. Jaeger. (Bahr, Douglas) (Entered: 08/19/2010)

Aug. 19, 2010

Aug. 19, 2010

10

MEMORANDUM in Support re 9 MOTION to Dismiss filed by Alvin A. Jaeger. (Bahr, Douglas) (Entered: 08/19/2010)

Aug. 19, 2010

Aug. 19, 2010

11

RESPONSE to Motion re 5 MOTION for Preliminary Injunction filed by Alvin A. Jaeger. (Bahr, Douglas) (Entered: 08/19/2010)

Aug. 19, 2010

Aug. 19, 2010

12

WAIVER OF SERVICE Returned Executed by Anthony Stewart, Libertarian Party of North Dakota, Thommy Passa, Richard Ames. Alvin A. Jaeger waiver sent on 8/10/2010, answer due 10/12/2010. (Hall, Oliver) (Entered: 08/19/2010)

Aug. 19, 2010

Aug. 19, 2010

13

REPLY to Response to Motion re 5 MOTION for Preliminary Injunction filed by Richard Ames, Libertarian Party of North Dakota, Thommy Passa, Anthony Stewart. (Hall, Oliver) (Entered: 08/30/2010)

Aug. 30, 2010

Aug. 30, 2010

15

RESPONSE to Motion re 9 MOTION to Dismiss filed by Richard Ames, Libertarian Party of North Dakota, Thommy Passa, Anthony Stewart. (Hall, Oliver) (Entered: 09/02/2010)

Sept. 2, 2010

Sept. 2, 2010

DOCKET CORRECTION re: 14 Response to Motion to Dismiss. The incorrect pleading was attached. Corrected pleading was filed at 15 . (lf) (Entered: 09/03/2010)

Sept. 3, 2010

Sept. 3, 2010

16

ORDER by Chief Judge Ralph R. Erickson denying 5 Motion for Preliminary Injunction; denying 8 Motion for Hearing on the Motion for a Preliminary Injunction; denying 8 Motion for Expedited Hearing; and granting 9 Motion to Dismiss. (SH) (Entered: 09/03/2010)

Sept. 3, 2010

Sept. 3, 2010

17

CLERK'S JUDGMENT in favor of Alvin A. Jaeger against Libertarian Party of North Dakota, Anthony Stewart, Richard Ames, Thommy Passa. Plaintiffs' Complaint is dismissed with prejudice. (lh) (Entered: 09/03/2010)

Sept. 3, 2010

Sept. 3, 2010

18

NOTICE OF APPEAL as to 16 Memorandum Opinion and Order and 17 Clerk's Judgment by Richard Ames, Libertarian Party of North Dakota, Thommy Passa, and Anthony Stewart. (Filing fee $455; Receipt FA002106) (Attachments: # 1 Appellant's Form A)(lc) Modified on 11/4/2010 to add additional link (lcar). (Entered: 10/04/2010)

Oct. 4, 2010

Oct. 4, 2010

19

Transmittal of Notice of Appeal Supplement to 8th Circuit Court of Appeals re 18 Notice of Appeal. (lc) (Entered: 10/04/2010)

Oct. 4, 2010

Oct. 4, 2010

USCA Case Number #10−3212 for 18 Notice of Appeal. (lc) (Entered: 10/07/2010)

Oct. 6, 2010

Oct. 6, 2010

20

USCA JUDGMENT as to 18 Notice of Appeal, filed by Richard Ames, Libertarian Party of North Dakota, Anthony Stewart, Thommy Passa. Judgment of the district court is affirmed. (Attachments: # 1 Court of Appeals Opinion)(lc) (Entered: 10/19/2011)

Oct. 17, 2011

Oct. 17, 2011

21

MANDATE of USCA as to 18 Notice of Appeal, filed by Richard Ames, Libertarian Party of North Dakota, Anthony Stewart, Thommy Passa. (lc) (Entered: 12/02/2011)

Dec. 2, 2011

Dec. 2, 2011

Case Details

State / Territory: North Dakota

Case Type(s):

Election/Voting Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 16, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Libertarian Party of North Dakota and three LPND candidates excluded from the general election ballot after failing to gain a state-imposed threshold number of votes in the primary election.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of North Dakota, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Voting:

Voting: General & Misc.

Candidate qualifications

Election administration