Case: Semien v. Hughs

1:20-cv-00789 | U.S. District Court for the Western District of Texas

Filed Date: July 24, 2020

Closed Date: Dec. 23, 2020

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Case Summary

On July 24, 2020, individual plaintiffs with print disabilities, along with the National Federation of the Blind of Texas and the Coalition of Texans with Disabilities, filed this lawsuit in the U.S. District Court for the Western District of Texas, where it was assigned to Judge Lee Yeakel. The plaintiffs, represented by Disability Rights Texas and a private law firm, sued the Secretary of State of Texas. Seeking declaratory and injunctive relief, the plaintiffs requested changes to the vote-b…

On July 24, 2020, individual plaintiffs with print disabilities, along with the National Federation of the Blind of Texas and the Coalition of Texans with Disabilities, filed this lawsuit in the U.S. District Court for the Western District of Texas, where it was assigned to Judge Lee Yeakel. The plaintiffs, represented by Disability Rights Texas and a private law firm, sued the Secretary of State of Texas. Seeking declaratory and injunctive relief, the plaintiffs requested changes to the vote-by-mail process in Texas so that electronic mail-in ballots would be accessible to blind voters and voters with print disabilities, alleging that the Secretary of State's refusal to permit this process violated the Americans with Disabilities Act and the Rehabilitation Act.

The plaintiffs filed a motion for a preliminary injunction on July 29, 2020, arguing that the COVID-19 pandemic created additional hardships for disabled individuals wishing to vote in Texas. Specifically, they alleged that the vote-by-mail ballot system in Texas was inaccessible to blind voters and voters with print disabilities. They claimed that the system required these voters to rely on third parties to complete and mail-in the paper ballots, thus depriving voters with print disabilities of the right to vote independently and in secrecy that is available to voters without disabilities using mail-in ballots.

Following months of extending deadlines to decide the preliminary injunction, on August 25, 2020, the Texas Secretary of State filed a motion to dismiss the case for several reasons. She argued that the plaintiffs failed to state a claim, lacked standing, and could not demonstrate causation. She also argued that plaintiffs were barred from bringing a claim by the Sovereign Immunity Act. The motion was never decided. Following that motion, the parties continued extending deadlines until the plaintiffs voluntarily dismissed the case on December 23, 2020, likely because the 2020 election was over. On December 28, 2020, the court closed the case.

Summary Authors

Betsy Sheppard (2/28/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17381580/parties/semien-v-hughs/


Judge(s)
Attorney for Plaintiff

Davis, Lia S. (Texas)

East, Brian D. (Texas)

Hill, Eve Lynne (Maryland)

Hofer, Peter (Texas)

Attorney for Defendant

Disher, Todd Lawrence (Texas)

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Documents in the Clearinghouse

Document

1:20-cv-00789

Docket [PACER]

Dec. 28, 2020

Dec. 28, 2020

Docket
1

1:20-cv-00789

Complaint

July 24, 2020

July 24, 2020

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17381580/semien-v-hughs/

Last updated Feb. 15, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT ( Filing fee $ 400 receipt number 0542-13795850), filed by Kenneth Semien, National Federation of the Blind of Texas, Sean Pevsner, Jonathan Franks, Coalition of Texans with Disabilities. (Attachments: # 1 Exhibit 1, # 2 Civil Cover Sheet)(Davis, Lia) (Entered: 07/24/2020)

1 Exhibit 1

View on PACER

2 Civil Cover Sheet

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July 24, 2020

July 24, 2020

Clearinghouse
2

REQUEST FOR ISSUANCE OF SUMMONS by Coalition of Texans with Disabilities, Jonathan Franks, National Federation of the Blind of Texas, Sean Pevsner, Kenneth Semien. (Davis, Lia) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
3

MOTION to Appear Pro Hac Vice by Lia Sifuentes Davis on behalf of Eve Lynne Hill ( Filing fee $ 100 receipt number 0542-13796085) by on behalf of Coalition of Texans with Disabilities, Jonathan Franks, National Federation of the Blind of Texas, Sean Pevsner, Kenneth Semien. (Davis, Lia) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER

Case assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cj)

July 24, 2020

July 24, 2020

PACER

If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Lane (cj)

July 24, 2020

July 24, 2020

PACER
4

Summons Issued as to Ruth Hughs. (cj) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER

Case Assigned/Reassigned

July 24, 2020

July 24, 2020

PACER

To be Referred to AU Mag Judge

July 24, 2020

July 24, 2020

PACER
5

ORDER GRANTING 3 Motion for Even Lynn Hill to Appear Pro Hac Vice on behalf of Plaintiffs. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

PACER
6

MOTION for Preliminary Injunction by Coalition of Texans with Disabilities, Jonathan Franks, National Federation of the Blind of Texas, Sean Pevsner, Kenneth Semien. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Proposed Order)(Davis, Lia) (Additional attachment(s) added on 8/12/2020: # 11 Corrected Proposed Order) (lt). (Entered: 07/29/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Proposed Order

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11 Corrected Proposed Order

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July 29, 2020

July 29, 2020

RECAP
7

Unopposed MOTION for Leave to Exceed Page Limitation by Coalition of Texans with Disabilities, Jonathan Franks, National Federation of the Blind of Texas, Sean Pevsner, Kenneth Semien. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Davis, Lia) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
8

NOTICE of Attorney Appearance by Todd Lawrence Disher on behalf of Ruth Hughs. Attorney Todd Lawrence Disher added to party Ruth Hughs(pty:dft) (Disher, Todd) (Entered: 07/31/2020)

July 31, 2020

July 31, 2020

PACER
9

MOTION for Extension of Time to File Response/Reply as to 6 MOTION for Preliminary Injunction by Ruth Hughs. (Attachments: # 1 Proposed Order)(Disher, Todd) (Entered: 07/31/2020)

July 31, 2020

July 31, 2020

PACER
10

ORDER GRANTING Plaintiffs' 7 Motion for Preliminary Injunction to Exceed the Page Limit. Signed by Judge Lee Yeakel. (lt) (Entered: 08/04/2020)

Aug. 3, 2020

Aug. 3, 2020

RECAP
11

Minute Entry for proceedings held before Judge Lee Yeakel: Telephone Conference held on 8/6/2020. Written order forthcoming. (Minute entry documents are not available electronically.) (Court Reporter Arlinda Rodriguez.)(lt) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

PACER
12

ORDER GRANTING The Texas Secretary of State's 9 Opposed Motion for Extension of Time to Respond to Plaintiffs' Motion for Preliminary Injunction AS FOLLOWS: (1) Preliminary discovery on Plaintiffs' Motion for Preliminary Injunction shall be completed by September 21, 2020; (2) Defendant shall file a response to Plaintiffs' Motion for Preliminary Injunction on or before September 28, 2020. Signed by Judge Lee Yeakel. (lt) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

PACER
13

Unopposed MOTION for Leave to File Corrected Proposed Preliminary Injunction Order by Coalition of Texans with Disabilities, Jonathan Franks, National Federation of the Blind of Texas, Sean Pevsner, Kenneth Semien. (Attachments: # 1 Proposed Order, # 2 Exhibit Corrected Preliminary Injunction Order)(Davis, Lia) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
14

ORDER GRANTING Plaintiffs' 13 Unopposed Motion for Leave to File Corrected Proposed Preliminary Injunction Order. Signed by Judge Lee Yeakel. (lt) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER
15

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by Ruth Hughs. (Attachments: # 1 Proposed Order)(Disher, Todd) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

PACER
16

SUMMONS Returned Executed by Kenneth Semien, National Federation of the Blind of Texas, Sean Pevsner, Jonathan Franks, Coalition of Texans with Disabilities. Ruth Hughs served on 7/28/2020, answer due 8/18/2020. (Davis, Lia) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

PACER
17

ORDER GRANTING Secretary Hughs's 15 Unopposed Motion forExtension of Time to File Responsive Pleading to Plaintiffs' Complaint; Ruth Hughs answer due 8/25/2020. Signed by Judge Lee Yeakel. (lt) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
18

Transcript filed of Proceedings held on August 6, 2020, Proceedings Transcribed: Telephone Conference. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 9/14/2020, Redacted Transcript Deadline set for 9/24/2020, Release of Transcript Restriction set for 11/23/2020, (alr) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
19

MOTION to Dismiss by Ruth Hughs. (Disher, Todd) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

RECAP
20

Unopposed MOTION for Extension of Time to File Response/Reply as to 19 MOTION to Dismiss by Coalition of Texans with Disabilities, Jonathan Franks, National Federation of the Blind of Texas, Sean Pevsner, Kenneth Semien. (Attachments: # 1 Proposed Order)(Davis, Lia) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
21

ORDER GRANTING 20 Plaintiffs' Unopposed Motion for Extension of Time to File Response to Defendant's Motion to Dismiss. Plaintiffs' Response is DUE 9/11/2020. Signed by Judge Lee Yeakel. (jv2) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
22

Response in Opposition to Motion, filed by Coalition of Texans with Disabilities, Jonathan Franks, National Federation of the Blind of Texas, Sean Pevsner, Kenneth Semien, re 19 MOTION to Dismiss filed by Defendant Ruth Hughs (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Davis, Lia) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
23

Unopposed MOTION for Extension of Time to File Response/Reply as to 19 MOTION to Dismiss by Ruth Hughs. (Attachments: # 1 Proposed Order)(Disher, Todd) (Entered: 09/17/2020)

Sept. 17, 2020

Sept. 17, 2020

PACER
24

ORDER GRANTING Secretary Hughs's 23 Unopposed Motion for Extension of Time to File a Reply in Support of Her Motion to Dismiss. Signed by Judge Lee Yeakel. (lt) (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

RECAP
25

Unopposed MOTION for Leave to Exceed Page Limitation on Reply in Support of Motion to Dismiss by Ruth Hughs. (Attachments: # 1 Exhibit A, # 2 Proposed Order (Exhibit B))(Disher, Todd) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

PACER
26

Response in Opposition to Motion, filed by Ruth Hughs, re 6 MOTION for Preliminary Injunction filed by Plaintiff Sean Pevsner, Plaintiff Jonathan Franks, Plaintiff Kenneth Semien, Plaintiff National Federation of the Blind of Texas, Plaintiff Coalition of Texans with Disabilities (Attachments: # 1 Appendix, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Proposed Order)(Disher, Todd) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
27

ORDER GRANTING 25 Motion for Leave to File Reply in Excess of Page Limits. Signed by Judge Lee Yeakel. (lt) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

PACER
28

REPLY, filed by Ruth Hughs, In Support of 19 MOTION to Dismiss filed by Defendant Ruth Hughs (lt) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

PACER
29

Unopposed MOTION for Leave to Exceed Page Limitation on Plaintiffs' Reply in Support of Plaintiffs' Motion for Preliminary Injunction by Coalition of Texans with Disabilities, Jonathan Franks, National Federation of the Blind of Texas, Sean Pevsner, Kenneth Semien. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Davis, Lia) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
30

ORDER GRANTING Plaintiffs' 29 Unopposed Motion for Leave to Exceed the Page Limits on Plaintiffs' Reply in Support of Plaintiffs' Motion for Preliminary Injunction. Signed by Judge Lee Yeakel. (lt) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

PACER
31

REPLY in Support of 6 MOTION for Preliminary Injunction filed by Plaintiff Sean Pevsner, Plaintiff Jonathan Franks, Plaintiff Kenneth Semien, Plaintiff National Federation of the Blind of Texas, Plaintiff Coalition of Texans with Disabilities. (lt) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

PACER
32

NOTICE of Voluntary Dismissal by Coalition of Texans with Disabilities, Jonathan Franks, National Federation of the Blind of Texas, Sean Pevsner, Kenneth Semien (Davis, Lia) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

RECAP
33

ORDER CLOSING CASE. Signed by Judge Lee Yeakel. (lt) (Entered: 12/29/2020)

Dec. 28, 2020

Dec. 28, 2020

RECAP

Case Details

State / Territory: Texas

Case Type(s):

Election/Voting Rights

Disability Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: July 24, 2020

Closing Date: Dec. 23, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individual plaintiffs with print disabilities and the National Federation of the Blind of Texas and the Coalition of Texans with Disabilities

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of State of Texas, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

Unknown

Form of Settlement:

Voluntary Dismissal

Issues

General:

Mail

Disability and Disability Rights:

Visual impairment

Voting:

Voting: General & Misc.

Voting: Physical/Effective Access

Election administration

Discrimination-basis:

Disability (inc. reasonable accommodations)