Last Updated: September 10, 2010 at 1:40 PM

United States of America v. Brown

Case Information

Date Filed / Ended: February 17, 2005 / April 20, 2009
State: Mississippi
Issue: Improper Election Administration
Courts that Heard this Case: U.S. District Court for the Southern District of Mississippi (Case 4:05-cv-00033-TSL-JMR); U.S. Court of Appeals, 5th Circuit (Case 07-60588, 07-60729)

Issue:

Whether Defendants have violated §2 and §11(b) of the Voting Rights Act and the 15th amendment to the US Constitution by taking actions with the intent to deny white voters and white candidates access to the political process.

Status:

Bench Trial from 1/16/07 until 1/31/07. On 6/29/07, Court ruled that Defendants violated Voting Rights Act. Notice of Appeal filed 7/24/07. Preliminary Injunction granted 7/31/07. Order granting remedial relief entered 8/27/07. Briefing in 5th Circuit completed on 6/9/08.  Opinion published and Judgment entered and filed 2/27.  Mandate Issued 4/20.

Court of Appeals Documents

• Civil rights case docketed. (7/31/07)
• Briefing notice issued. [07-60588, 07-60729] A/Pet's Brief due on 1/22/08 for Noxubee Cty Dem Exct, Ike Brown in 07-60588, in 07-60729. (12/10/07)
• Appellant's Brief filed by Appellant Ike Brown in 07-60588, Appellant Noxubee Cty Dem Exct in 07-60588, Appellant Ike Brown in 07-60729, Appellant Noxubee Cty Dem Exct in 07-60729 (filed 3/17/08)
• Appellee's Brief filed by Appellee USA in 07-60588, Appellee USA in 07-60729 (filed 5/19/08)
• Appellant granted extension until 6/09/08 for filing reply brief (filed 6/2/08)
• Unopposed motion filed by Appellant Ike Brown 9 to extend time to file reply brief for 30 days until 7/9/08 (filed 6-6-08)
• CLERK Order filed denying unopposed motion to extend time to file Reply Brief (entered 6/9/08)
• Briefing Complete. Reply brief ddl canceled. (filed 6/17/08)
• Case tentatively calendared for oral argument Week of: 11/03/08. (8/29/08)
• Case calendared for oral argument (filed 10/24/08)
• Oral Argument heard (12/2/08)
• Opinion Published (entered 2/27/09)
• Judgement Entered and Filed (entered 2/27/09)
• Revised Opinion Published (entered 4/1/09)
• Mandate Issued (entered 4/20/09)

District Court Documents

• Complaint (filed 2/17/05)
  • Civil Cover Sheet
• Consent Decree (entered 2/17/05)
• ANSWER to Complaint by Ike Brown (filed 5/5/05)
• NOTICE of Service of Interrogatories and Request for Production of Documents propounded to plaintiff by Ike Brown (filed 5/5/05)
• NOTICE of Service of Pre-Discovery Disclosures by United States of America (filed 7/11/05)
• First MOTION for Default Judgment as to Noxubee County Election Commission by United States of America (filed 7/15/05)
  • MEMORANDUM in Support
• ANSWER to Complaint by Noxubee County Election Commission (filed 7/19/05)
• ORDER granting Motions for Default Judgment as to Defendant Noxubee County Election Commission (entered 7/19/05)
• SCHEDULING ORDER: (entered 7/20/05)
  • Final Pretrial Conference set for 9/11/2006.
  • Amended Pleadings due by 8/19/2005.
  • Discovery due by 6/16/2006.
  • Designate Experts Plaintiff Deadline due by 3/16/2006.
  • Designate Experts for Defendant Deadline due by 4/16/2006.
  • Non-Jury Trial set for 10/16/2006
  • Joinder of Parties due by 8/19/2005.
  • Motions due by 7/1/2006
• First MOTION to Amend/Correct Complaint by United States of America (filed 7/28/05)
  • MEMORANDUM in Support
• MOTION to Vacate Default Judgment by Noxubee County Election Commission (filed 8/11/05)
• MOTION for Sanctions and to compel disclosure by United States of America (filed 8/16/05)
• ORDER granting Motion to Amend Complaint (entered 8/16/05)
• AMENDED COMPLAINT against all defendants, filed by United States of America (filed 8/16/05)
• RESPONSE in Opposition re MOTION to Vacate Default Judgment filed by United States of America (filed 8/29/05)
• First MOTION for Order enjoining Defendants Ike Brown (filed 9/22/05)
  • MEMORANDUM IN SUPPORT
• ORDER granting Motion to Vacate Default Judgment (entered 10/7/05)
• MOTION to Dismiss AND IN OPPOSITION OF PLAINTIFFS MOTION FOR AN INJUNCTION by Ike Brown (filed 10/11/05)
• AFFIDAVIT of Ike Brown by Ike Brown (filed 10/14/05)
• REPLY to Response to First MOTION for Order enjoining Defendants Ike Brown (filed 10/18/05)
• ORDER granting Motion for Sanctions and ore tenus Motion for Additional Depositions (filed 1/25/06)
• Designation of Experts by United States of America (filed 3/16/06)
• MOTION for Default Judgment as to Defendants Ike Brown, Noxubee County Election Commission and Noxubee Democratic Executive Committee by United States of America (filed 6/26/06)
• Clerk's ENTRY OF DEFAULT as to Noxubee County Election Commission, Ike Brown, Noxubee County Democratic Executive Committee (filed 6/27/06)
• MOTION to Set Aside Default by Ike Brown, Noxubee County Democratic Executive Committee (filed 6/27/06)
• RESPONSE in Opposition re MOTION to Set Aside Default filed by United States of America (filed 6/30/06)
• MEMORANDUM IN OPPOSITION re Response in Opposition to Motion to Set Aside Entry of Default filed by United States of America (filed 6/30/06)
• ORDER denying Motion for Default Judgment, granting Motion to Set Aside Default and defendants' motion for leave to file answers out-of-time is granted (filed 7/20/06)
• ANSWER to Amended Complaint by Ike Brown (filed 7/24/06)
• ANSWER to Amended Complaint by Noxubee County Election Commission (filed 8/1/06)
• TRIAL CALENDAR/NOTICE of Hearing: Bench Trial set for 10/16/2006 (filed 8/24/06)
• ORDER granting Motion to Continue (filed 9/8/06)
  • Discovery due by 10/10/2006.
  • Motions due by 10/17/2006.
  • Bench Trial set for 1/15/2007.
  • Pretrial Conference set for 12/11/2006
• MOTION to Withdraw as Attorney by United States of America (filed 9/14/06)
• Designation of Experts by Ike Brown (filed 10/2/06)
• MOTION to Strike Designation of Experts by United States of America (filed 10/17/06)
  • Memorandum in Support
• RESPONSE in Opposition re MOTION to Strike Designation of Experts (filed 10/27/06)
• Rebuttal re Response in Opposition to Motion to Strike Re-Designation filed by United States of America (filed 10/30/06)
• TRIAL CALENDAR: Bench Trial set for term commencing 1/2/2007; Pretrial Conference set for 12/11/2006 (entered 11/20/06)
• ORDER granting Motion to Strike Designation of Experts (entered 11/20/06)
• ORDER REASSIGNING CASE. Case reassigned to Judge Linda R. Anderson for all further proceedings. Judge John M. Roper no longer assigned to case (entered 11/22/06)
• MOTION to Set Aside Magistrate Judge's Order Striking Defendants' Designation of Expert Witness by Ike Brown (filed 11/30/06)
  • Exhibit A - Brown's Affidavit
  • Exhibit B-Email
  • Exhibit C - Engstrom Declaration
• MOTION in Limine by United States of America (filed 12/1/06)
  • MEMORANDUM in Support
• Response in Opposition re MOTION in Limine by Ike Brown filed by United States of America (filed 12/6/06)
• RESPONSE in Opposition re MOTION in Limine filed by United States of America (filed 12/6/06)
• RESPONSE to Motion re MOTION in Limine filed by Noxubee County Election Commission (filed 12/6/06)
• Response in Opposition re MOTION to Set Aside Magistrate Judge's Order Striking Defendants' Designation of Expert Witness by Ike Brown (filed 12/8/06)
• MEMORANDUM in Opposition re MOTION to Set Aside Magistrate Judge's Order Striking Defendants' Designation of Expert Witness filed by United States of America (filed 12/8/06)
• MOTION to Compel Mary Allsup to Obey Subpoena, MOTION for Contempt, MOTION for Sanctions by Ike Brown (filed 12/15/06)
  • Exhibit A-D
• RESPONSE re MOTION to Compel Mary Allsup to Obey Subpoena MOTION for Contempt MOTION for Sanctions, filed by Mary Allsup (filed 12/22/06)
  • Exhibit Letter to Ed Pleasants
• Trial began 1/16/07
  • Exhibit List by Plaintiffs and Defendants
  • Addendum to Exhibit List by Plaintiffs and Defendants
• Witness Lists (filed 2/9/07) [non-document]
• ORDER granting until 4/9/07 for each party to submit proposed findings and conclusions, with rebuttal due by 4/19/07 as set out herein (entered 3/19/07)
• Proposed Findings by Ike Brown, Noxubee County Democratic Executive Committee (filed 4/9/07)
• Proposed Findings by Noxubee County Election Commission (filed 4/9/07)
• Proposed Findings by United States of America (filed 4/9/07)
• MEMORANDUM OPINION AND ORDER (entered 6/29/07)
• ORDER amending memorandum opinion and order entered 6/29/07 as set out herein (entered 7/10/07)
• Notice of Appeal (filed 7/24/07)
• Motion for Preliminary Injunction (filed 7/25/07)
• Memorandum in Support of Motion for Preliminary Injunction (filed 7/25/07); Exhibits A, B & C.
• Response to Order [6/29/07] (Defendants' Memorandum of Curative Remedy) (filed 7/25/07); Exhibits A, B & C.
• TEXT ONLY ORDER finding as moot Motion to Set Aside; finding as moot Motion in Limine; finding as moot Motion to Compel; finding as moot Motion for Contempt; finding as moot Motion for Sanctions. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. (entered 7/27/07)
• ORDER granting Motion for Preliminary Injunction (entered 7/31/07)
• MOTION for Permanent Injunction AGAINST DEFENDANTS IKE BROWN, THE NOXUBEE COUNTY DEMOCRATIC EXECUTIVE COMMITTEE, AND THE NOXUBEE COUNTY ELECTION COMMISSION (filed 8/13/07)
• MEMORANDUM IN SUPPORT re MOTION for Permanent Injunction (filed 8/13/07)
  • Exhibits A, B, C, D, E, F, G, H, I, J, K
• Response in Opposition re ORDER granting Motion for Preliminary Injunction (filed 8/13/07)
  • Affidavit Ed Nave
  • Affidavit Shirley Blakely
• MEMORANDUM in Opposition re MOTION for Permanent Injunction (filed 8/13/07)
  • Affidavit Ed Nave
• MEMORANDUM IN OPPOSITION re Order on Motion for Preliminary Injunction (filed 8/13/07)
• RESPONSE in Opposition re MOTION for Permanent Injunction (filed 8/21/07)
  • Exhibits A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R
• STIPULATION between Plaintiff and Defendants Ike Brown and the NCDEC (filed 8/23/07)
  • Exhibits Shuqualak 1 & 2
  • Exhibits District 3 Central 1 & 2
• MEMORANDUM IN SUPPORT re Memorandum in Support, in Response to the Court's Request of the Names of Specific Members of the NDEC who may be Prohibited from Participation in Election Activities (filed 8/24/07)
• ORDER granting remedial relief as set out herein (entered 8/27/07)

Related Links

• Federal appeals court sets date for voter ID lawsuit, Sun Herald (MS) (1/10/08)
• Federal Judge Delays Noxubee Runoffs, WTOK (MS) (8/28/07)
• Brown says Noxubee elections went smoothly, others disagree, Commercial Dispatch (MS) (8/11/07)
• Brown now wants to go after judges, Commercial Dispatch (MS) (8/3/07)
• Judge: Noxubee's Aug. 7 primary will go on, Commercial Dispatch (MS) (7/31/07)
• Justice Department Drops Request to Noxubee Primary Election, Biloxi Sun Herald (7/30/07)
• Monday meeting called on Noxubee elections, Commercial Dispatch (MS) (7/38/07)
• Brown Stepping Back from Noxubee Primary, Biloxi Sun Herald (7/27/07)
• Justice Dept.: Brown shouldn't have role in vote, Jackson Clarion Ledger (7/26/07)
• Noxubee Democratic official appeals discrimination ruling, Biloxi Sun Herald (7/25/07)
• The Hutchinson Report: voter bias suit against blacks in Mississippi a sad, but true twist of irony, Black America Web (10/12/06)
• Blacks in Mississippi suppress white vote, RedState (10/12/06)