Filed Date: May 13, 2013
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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' votes 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. The case was assigned to Judge George Caram Steeh.
In response to the Supreme Court's ruling in Shelby County v. Holder, plaintiffs filed an amended complaint on June 27, 2013. The amended complaint relied on section 3, rather than section 5, of the Voting Rights Act.
On July 11, 2013, the state moved to dismissed all counts of plaintiffs' amended complaint. Before the Court could rule on that motion, however, a court order in a bankruptcy case against the state required a stay of proceedings in this case. The Court in this case issued an order staying all proceedings until further court order and closing the case without prejudice and without reaching a decision on the merits. The Court noted that if the bankruptcy stay is removed or a party in that case obtains relief from the stay, this case may be reopened upon the motion of any party. There is no evidence that the case has been reopened.
Summary Authors
Dan Osher (7/13/2013)
Eva Richardson (6/9/2020)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5312500/parties/detroit-naacp-v-snyder/
Steeh, George Caram III (Michigan)
Ayad, Nabih H (Michigan)
Hollowell, Melvin J. Jr. (Michigan)
Barton, Denise C. (Michigan)
Murphy, Michael F (Michigan)
Steeh, George Caram III (Michigan)
Whalen, R. Steven (Michigan)
See docket on RECAP: https://www.courtlistener.com/docket/5312500/detroit-naacp-v-snyder/
Last updated Feb. 23, 2024, 4:25 a.m.
State / Territory: Michigan
Case Type(s):
Key Dates
Filing Date: May 13, 2013
Case Ongoing: Perhaps, but long-dormant
Plaintiffs
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").
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Defendant Type(s):
Case Details
Causes of Action:
Voting Rights Act, section 5, 52 U.S.C. § 10304 (previously 42 U.S.C. § 1973c)
Voting Rights Act, unspecified, 52 U.S.C. § 10301 et seq (previously 42 U.S.C § 1973 et seq.)
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
Voting:
Discrimination-basis:
Race: