Case: Debraska v. Oneida Business Committee

1:20-cv-01321 | U.S. District Court for the Eastern District of Wisconsin

Filed Date: Aug. 27, 2020

Closed Date: Oct. 22, 2020

Clearinghouse coding complete

Case Summary

Individual members of the Oneida Nation of Wisconsin, including Oneida Nation 2020 primary election candidates, filed a suit on August 28, 2020, against the Oneida Business Committee (the Business Committee) and the Oneida Election Board (the Election Board). The candidates were running for positions on the Business Committee, an elected committee of the Oneida Nation of Wisconsin, in the 2020 primary election. Claiming that it was not safe for poll workers amidst the COVID-19 pandemic, the Ele…

Individual members of the Oneida Nation of Wisconsin, including Oneida Nation 2020 primary election candidates, filed a suit on August 28, 2020, against the Oneida Business Committee (the Business Committee) and the Oneida Election Board (the Election Board). The candidates were running for positions on the Business Committee, an elected committee of the Oneida Nation of Wisconsin, in the 2020 primary election. Claiming that it was not safe for poll workers amidst the COVID-19 pandemic, the Election Board canceled the primary, while maintaining the general election scheduled for 63 days later.

The suit, filed in the U.S. District Court for the Eastern District of Wisconsin and assigned to Judge William C. Griesbach, alleged that the cancelation of the 2020 primary election violated the plaintiffs' rights and was an arbitrary and self-serving measure by the defendants.  Specifically, they alleged that the Election Board and the Business Committee violated their rights under the Oneida Constitution, the First and Fourteenth Amendments of the United States Constitution, and the Indian Civil Rights Act. The plaintiffs, representing themselves, sought declaratory, monetary, and injunctive relief, including the reinstatement of the 2020 primary election.  

Along with their complaint, the plaintiffs filed a motion for a temporary restraining order on August 28, 2020, seeking the implementation of various election procedures, such as access to mail-in ballots. The motion also requested that the court prevent elected members of the Election Board and Business Committee from taking office in August 2020 until the conclusion of this suit. Judge Griesbach denied the plaintiffs’ motion for a temporary restraining order, finding that the suit was not likely to succeed on the merits.

The Election Board and the Business Committee then filed a motion to dismiss on September 24, 2020, to which the plaintiffs did not respond. On October 22, 2020, Judge Griesbach granted the motion to dismiss, noting that the plaintiff's failure to respond was sufficient grounds for dismissal. He nevertheless stipulated additional grounds for dismissal, including lack of federal jurisdiction due to the sovereignty of the Oneida Nation. This sovereignty effectively prevented the plaintiffs from recovering on United States constitutional grounds and barred them from establishing violations by state actors, as the Oneida Nation is neither a state nor a territory of the United States. Moreover, the sovereignty of the Oneida Nation precluded a United States District Court from deciding the basis of the claims based in the Oneida Constitution. Following Judge Griesbach's dismissal, the case is now closed. 2020 WL 6204320.

Summary Authors

Betsy Sheppard (3/28/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17521187/parties/debraska-v-oneida-business-committee/


Judge(s)

Griesbach, William C. (Wisconsin)

Attorney for Defendant

McAndrews, Kelly M (Wisconsin)

Schneider, Peggy A (Wisconsin)

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Documents in the Clearinghouse

Document

1:20-cv-01321

Docket [PACER]

Oct. 22, 2020

Oct. 22, 2020

Docket
1

1:20-cv-01321

Complaint

Aug. 27, 2020

Aug. 27, 2020

Complaint
13

1:20-cv-01321

Decision and Order Granting Defendant's Motion to Dismiss

Oct. 22, 2020

Oct. 22, 2020

Order/Opinion

2020 WL 2020

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17521187/debraska-v-oneida-business-committee/

Last updated March 27, 2024, 3 a.m.

ECF Number Description Date Link Date / Link
1

PRO SE COMPLAINT (signed only by Linda Dallas) against All Defendants filed by Margaret R Fermanich, Gladys D Dallas, Tkaaunak Green, Cathy L Metoxen, Nancy A Dallas, Lisa M Hill, Linda S Dallas, Michael T Debraska, Dorothy A Skenandore, Nadine A Dallas. Consent forms distributed for Magistrate Judge William E Duffin. (Filing Fee PAID ; GB4689-5730) (Service Packet Issued)(cav) (Additional attachment(s) added on 9/1/2020: # 1 Signature Page for all Plaintiffs) (cav). (Entered: 08/28/2020)

Aug. 27, 2020

Aug. 27, 2020

Clearinghouse
2

MOTION for Temporary Restraining Order (signed only by Linda Dallas) by All Plaintiffs. (cav) (Additional attachment(s) added on 9/1/2020: # 1 Signature Page for all Plaintiffs) (cav). (Entered: 08/28/2020)

Aug. 27, 2020

Aug. 27, 2020

RECAP
3

Minute Order. Ex parte Proceedings held before Judge William C Griesbach: denying 2 Motion for TRO; Motion Hearing held on 8/27/2020. Ms Dallas will submit signatures on the complaint for all other plaintiffs. (Tape #082720) (cav) (Entered: 08/28/2020)

Aug. 27, 2020

Aug. 27, 2020

RECAP
4

SUMMONS Returned Executed by All Plaintiffs. Oneida Tribe of Indians of Wisconsin served on 9/3/2020. (tlf) (Entered: 09/08/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
5

SUMMONS Returned Executed by All Plaintiffs. Oneida Business Committee served on 9/3/2020. (tlf) (Entered: 09/08/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
6

SUMMONS Returned Executed by All Plaintiffs. Oneida Election Board served on 9/3/2020. (tlf) (Entered: 09/08/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
7

TRANSCRIPT of Motion Hearing held on August 27,2020 before Judge William C. Griesbach Court Reporter/Transcriber Susan Armbruster, Contact at 414-290-2641. Tape Number: Liberty. Transcripts may be purchased using the Transcript Order Form found on our website or viewed at the court public terminal. NOTICE RE REDACTION OF TRANSCRIPTS: If necessary, within 7 business days each party shall inform the Court of their intent to redact personal identifiers by filing a Notice of Intent to Redact. Please read the policy located on our website www.wied.uscourts.gov Redaction Statement due 10/5/2020. Redacted Transcript Deadline set for 10/16/2020. Release of Transcript Restriction set for 12/14/2020. (Armbruster, Susan)

Sept. 11, 2020

Sept. 11, 2020

PACER
8

NOTICE of Appearance by Kelly M McAndrews on behalf of All Defendants. Attorney(s) appearing: Kelly M. McAndrews, Peggy A. Schneider (McAndrews, Kelly)

Sept. 24, 2020

Sept. 24, 2020

PACER
8

NOTICE of Appearance by Kelly M McAndrews on behalf of All Defendants. Attorney(s) appearing: Kelly M. McAndrews, Peggy A. Schneider (McAndrews, Kelly)

Sept. 24, 2020

Sept. 24, 2020

PACER
9

DISCLOSURE Statement by All Defendants. (McAndrews, Kelly)

Sept. 24, 2020

Sept. 24, 2020

PACER
9

DISCLOSURE Statement by All Defendants. (McAndrews, Kelly)

Sept. 24, 2020

Sept. 24, 2020

PACER
10

MOTION to Dismiss by All Defendants. (McAndrews, Kelly)

Sept. 24, 2020

Sept. 24, 2020

PACER
10

MOTION to Dismiss by All Defendants. (McAndrews, Kelly)

Sept. 24, 2020

Sept. 24, 2020

PACER
11

BRIEF in Support filed by All Defendants re 10 MOTION to Dismiss . (McAndrews, Kelly)

Sept. 24, 2020

Sept. 24, 2020

PACER
11

BRIEF in Support filed by All Defendants re 10 MOTION to Dismiss . (McAndrews, Kelly)

Sept. 24, 2020

Sept. 24, 2020

PACER
12

CERTIFICATE OF SERVICE by All Defendants (McAndrews, Kelly)

Sept. 24, 2020

Sept. 24, 2020

PACER
12

CERTIFICATE OF SERVICE by All Defendants (McAndrews, Kelly)

Sept. 24, 2020

Sept. 24, 2020

PACER
13

ORDER signed by Judge William C Griesbach on 10/22/2020 granting 10 Motion to Dismiss. (cc: all counsel and to all plaintiffs via US Mail) (Griesbach, William)

Oct. 22, 2020

Oct. 22, 2020

RECAP
14

JUDGMENT signed by Deputy Clerk and approved by Judge William C Griesbach on 10/22/2020. (cc: all counsel and via US Mail to plaintiffs)(cav)

Oct. 22, 2020

Oct. 22, 2020

PACER
13

ORDER signed by Judge William C Griesbach on 10/22/2020 granting 10 Motion to Dismiss. (cc: all counsel and to all plaintiffs via US Mail) (Griesbach, William)

Oct. 22, 2020

Oct. 22, 2020

RECAP
13

ORDER signed by Judge William C Griesbach on 10/22/2020 granting 10 Motion to Dismiss. (cc: all counsel and to all plaintiffs via US Mail) (Griesbach, William)

Oct. 22, 2020

Oct. 22, 2020

RECAP
14

JUDGMENT signed by Deputy Clerk and approved by Judge William C Griesbach on 10/22/2020. (cc: all counsel and via US Mail to plaintiffs)(cav)

Oct. 22, 2020

Oct. 22, 2020

PACER
14

JUDGMENT signed by Deputy Clerk and approved by Judge William C Griesbach on 10/22/2020. (cc: all counsel and via US Mail to plaintiffs)(cav)

Oct. 22, 2020

Oct. 22, 2020

PACER

Case Details

State / Territory: Wisconsin

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: Aug. 27, 2020

Closing Date: Oct. 22, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individual members of the Oneida Nation of Wisconsin including candidates in the 2020 Oneida primary election.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The Oneida Business Committee, Tribe

The Oneida Election Board, Tribe

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

National Voter Registration Act ("Motor Voter law"), 52 U.S.C. § 20501 (previously 42 U.S.C. § 1973gg)

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Voting:

Voting: General & Misc.

Election administration