University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name NAACP Legal Defense & Education Fund v. Trump PR-NY-0003
Docket / Court 1:17-cv-05427 ( S.D.N.Y. )
State/Territory New York
Case Type(s) Presidential Authority
Attorney Organization NAACP Legal Defense Fund
Case Summary
On July 18, 2017, the NAACP Legal Defense & Education Fund (NAACP) filed this lawsuit in the U.S. District Court for the Southern District of New York. The NAACP joined with a number of non-profit organizations to sue President Donald J. Trump, members of the executive branch in their official ... read more >
On July 18, 2017, the NAACP Legal Defense & Education Fund (NAACP) filed this lawsuit in the U.S. District Court for the Southern District of New York. The NAACP joined with a number of non-profit organizations to sue President Donald J. Trump, members of the executive branch in their official capacities, and the Presidential Advisory Commission on Election Integrity (Commission) under the Federal Advisory Commission Act (FACA) and the Administrative Procedure Act (APA). The NAACP sought declaratory and injunctive relief as well as a writ of mandamus. The case was originally assigned to Judge Gregory H. Woods but was reassigned to Judge Andrew L. Carter, Jr. on July 27, 2017.

The NAACP filed this case to enjoin the operation of the Commission because they alleged the President had neither constitutional nor statutory authority to create a new executive organ for the purpose of launching an investigation that targets individual or groups of voters. The NAACP claimed that this Commission was created to manufacture evidence supporting President Trump’s false claim of widespread voter fraud in the 2016 Presidential Election. The creation and operation of the Commission allegedly violated FACA, the APA, and the Fifth and Fifteenth Amendments.

On September 5, 2017, the NAACP filed its first amended complaint, requesting new declaratory relief and adding additional factual allegations. On October 20, 2017, the NAACP filed a second amended complaint, leaving the bulk of the complaint the same.

On November 3, 2017, the defendants filed a letter with the court in response to the plaintiff’s letter requesting a scheduling conference. Judge Carter construed the letter as a motion to stay and on November 17, 2017, stayed all proceedings until resolution of the motion to dismiss filed that day. The defendants asked the court to dismiss the case because the plaintiff lacked standing and failed to state a claim upon which relief could be granted.

On February 28, 2018, the NAACP filed a motion of voluntary dismissal. That same day, the court granted the motion and dismissed the case without prejudice. Parties beared their own costs and expenses. There has been no other activity on the docket, so the case is presumably closed.

Jake Parker - 07/19/2018


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Plaintiff Type
Non-profit NON-religious organization
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Bivens
Defendant(s) United States
Plaintiff Description NAACP Legal Defense & Education Fund
Indexed Lawyer Organizations NAACP Legal Defense Fund
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Form of Settlement Voluntary Dismissal
Filing Year 2017
Case Closing Year 2018
Case Ongoing No reason to think so
Docket(s)
1:17-cv-5427 (S.D.N.Y.)
PR-NY-0003-9000.pdf | Detail
Date: 02/28/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
PR-NY-0003-0001.pdf | Detail
Date: 07/18/2017
Source: PACER [Public Access to Court Electronic Records]
Second Amended Complaint [ECF# 66]
PR-NY-0003-0002.pdf | Detail
Date: 10/20/2017
Source: PACER [Public Access to Court Electronic Records]
Order Granting Plaintiffs' Motion for Voluntary Dismissal [ECF# 94] (S.D.N.Y.)
PR-NY-0003-0003.pdf | Detail
Date: 02/28/2018
Source: PACER [Public Access to Court Electronic Records]
Judges Carter, Andrew Lamar Jr. (S.D.N.Y., E.D.N.Y.)
PR-NY-0003-0003 | PR-NY-0003-9000
Plaintiff's Lawyers Cartagena, Juan (New York)
PR-NY-0003-0002
Chin, Jackson (New York)
PR-NY-0003-9000
Gomez Hernandez, Julia Alejandra (California)
PR-NY-0003-0002 | PR-NY-0003-9000
Ifill, Sherrilyn (New York)
PR-NY-0003-0001 | PR-NY-0003-0002 | PR-NY-0003-9000
Ingram, Joanna Elise Cuevas (New York)
PR-NY-0003-0002 | PR-NY-0003-9000
Kleinman, Rachel Miriam (New York)
PR-NY-0003-0001 | PR-NY-0003-0002 | PR-NY-0003-9000
Lopez, Burth (District of Columbia)
PR-NY-0003-0002 | PR-NY-0003-9000
Merle, Natasha C. (New York)
PR-NY-0003-0001 | PR-NY-0003-0002 | PR-NY-0003-9000
Nelson, Janai S. (New York)
PR-NY-0003-0001 | PR-NY-0003-0002 | PR-NY-0003-9000
Perez, Jose-Luis (New York)
PR-NY-0003-0002 | PR-NY-0003-9000
Saenz, Thomas A. (California)
PR-NY-0003-0002
Senteno, Andrea E. (District of Columbia)
PR-NY-0003-0002 | PR-NY-0003-9000
Spital, Samuel (New York)
PR-NY-0003-0001 | PR-NY-0003-0002 | PR-NY-0003-9000
Defendant's Lawyers Borson, Joseph Evan (District of Columbia)
PR-NY-0003-9000
Federighi, Carol (District of Columbia)
PR-NY-0003-9000
Shapiro, Elizabeth J. (District of Columbia)
PR-NY-0003-9000
Wolfe, Kristina Ann (District of Columbia)
PR-NY-0003-9000

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