Last Updated: September 10, 2010 at 1:39 PM
Janis v. Nelson
Case Information
Date Filed: February 18, 2009
State: South Dakota
Issue: Felon Voting Rights
Courts that Heard this Case: U.S. District Court for the District of South Dakota (Case 5:09-cv-05019)
Issue:
Whether two felons who were sentenced to probation (rather than imprisonment) were improperly denied the right to vote.
Status:
Settlement Agreement filed 5/25/10. Order dismissing case with prejudice entered 5/26/10. Motion to Dismiss with Prejudice filed 5/28/10. Second Judgment of Dismissal, vacating the previous judgment filed 6/1/10.
Federal District Court Documents
- COMPLAINT For Declaratory and Injunctive Relief and Compensatory and Nominal Damages
(filed 2/18/09) - Request for 3-Judge Court filed by Plaintiffs (filed 2/18/09)
- Order of Recusal from US District Judge Richard H. Battey (entered 2/19/09)
- Order Reassigning Case to Chief Judge Karen E. Schreier (entered 2/19/09)
- Answer to Complaint by Sue Ganje (filed 3/17/09)
- Answer to Complaint by Chris Nelson (filed 3/25/09)
- Plaintiff's Motion for TRO or Preliminary Injunction (filed 3/25/09)
- Brief in Support of Motion
- Memorandum filed in Support of Motion (filed 3/26/09)
- Brief in Support of Motion
- Order Setting Hearing on Motion for Temporary Restraining Order or Preliminary Injunction for 5/4/09 (entered 4/4/09)
- Memo in Opposition to Motion for Temporary Restraining Order or Preliminary Injunction (filed 4/13/09)
- Memo in Support of Motion to Dismiss (filed 4/14/09)
- Motion to Withdraw Motion for Temporary Restraining Order or Preliminary Injunction (filed 4/16/09)
- Order Granting Motion to Withdraw, Denying as Moot Motion for TRO, Canceling Hearing (entered 4/20/09)
- Motion to Amend/Correct Complaint (filed 5/4/09)
- Memo in Support of Motion to Amend/Correct Complaint (filed 5/4/09)
- Memo in Opposition to Motion to Dismiss (filed 5/4/09)
- Response to Motion re: First Motion to Correct Complaint (filed 5/28/09)
- Plaintiffs' Reply in Support of their Motion to Amend the Complaint (filed 6/2/09)
- Motion to Dismiss filed by Defendant (filed 6/12/09)
- Brief in Support of Motion to Dismiss filed by Defendant (filed 6/12/09)
- Brief in Support of Motion to Dismiss filed by Defendant
- Scheduling Order: Discovery due by 11/2/2009. Motions due by 12/15/2009 (entered 6/16/09)
- Memo in Opposition to Motion to Dismiss filed by all Plaintiffs (filed 7/2/09)
- Response to Memo in Opposition (filed 7/13/09)
- Motion to Dismiss (filed 7/16/09)
- Memorandum in Support of Motion to Dismiss (filed 7/16/09)
- Supplement to Motion to Dismiss filed by Defendants (filed 7/31/09)
- Brief in Support of Supplement to Motion to Dismiss (filed 7/31/09)
- Plaintiffs' Response in Opposition to Defendant's Motion to Dismiss or, in the alternative, Motion for Judgment on the Pleadings (filed 8/7/09)
- Reply to Memorandum in Opposition to Dismiss (filed 8/21/09)
- Motion for Protective Order filed by Nelson (filed 9/9/09)
- Memorandum in Support of Motion (filed 9/9/09)
- Memorandum in Support of Motion
- Motion to Compel filed by all Plaintiffs (filed 9/9/09)
- Memorandum in Support of Motion (filed 9/9/09)
- Memorandum in Support of Motion
- Motion to Dismiss (filed 9/11/09)
- Memorandum in Support of Motion (filed 9/11/09)
- Memorandum in Support of Motion
- Memorandum in Opposition to Motion to Compel (filed 9/28/09)
- Memorandum in Opposition to Motion for Protective Order (filed 9/29/09)
- Motion to Join in Defendant's Motion for Protective Order (filed 9/30/09)
- Memorandum in Opposition to Motion to Dismiss (filed 10/1/09)
- Order Granting Plaintiffs' Motion to Amend and Denying Defendants' Motion to Dismiss (entered 10/2/09)
- Amended Complaint (filed 10/7/09)
- Motion for Extension of Time (filed 10/9/09)
- Memorandum in Support of Motion to Compel (filed 10/13/09)
- Memorandum in Opposition to Motion for Protective Order (filed 10/13/09)
- Reply to Motion for Protective Order (filed 10/14/09)
- Motion for Extension of Time to File Reply (filed 10/15/09)
- Order Granting Motion for Extension of Time (entered 10/16/09)
- Order Granting Motion for Extension of Time
- Defendant's Reply to Plaintiffs' Opposition to Motion for Protective Order (filed 10/27/09)
- Answer to Amended Complaint (filed 10/28/09)
- Response to Motion for Extension of Time (filed 10/29/09)
- Reply to Response to Motion to Dismiss (filed 10/30/09)
- Amended Answer to Amended Complaint (filed 11/4/09)
- Amended Motion to Dismiss (filed 11/4/09)
- Brief by Defendants re: Amended Motion to Dismiss (filed 11/4/09)
- Memorandum in Support of Amended Motion to Dismiss (filed 11/6/09)
- Order Denying as Moot Motion to Dismiss (entered 11/24/09)
- Order Denying Motion to Dismiss (entered 11/24/09)
- State Defendants' Reply to Plaintiffs' Response in Opposition to the State Defendants' Amended Motion to Dismiss or, in the alternative, Motion for Judgment on the Pleadings (filed 12/3/09)
- Memorandum in Support of Motion for Reconsideration of Motion to Dismiss (filed 12/15/09)
- Memorandum in Opposition to Motion for Reconsideration of Motion to Dismiss (filed 12/21/09)
- Answer to Amended Complaint (filed 12/22/09)
- Order Denying in Part and Granting in Part State Defendants' Amended Motion to Dismiss, or in the Alternative, Motion for Judgment on the Pleadings (entered 12/30/09)
- Order Denying in Part and Granting in Part Plaintiffs' Motion to Compel and Denying in Part and Granting in Part State Defendants' and Sue Ganje's Motion for Protective Order (entered 12/30/09)
- Motion (1) to Dismiss Plaintiffs' 14th Amendment Claim (filed 1/7/10)
- Memorandum in Support of Motion to Dismiss 14th Amendment Claim (filed 1/7/10)
- Order Denying Motion to Reconsider, Denying Motion to Dismiss (entered 1/26/10)
- Motion (2) to Dismiss Plaintiffs' 14th Amendment Claim (filed 1/26/10)
- Memorandum (1) in Opposition to Motion to Dismiss 14th Amendment Claims (filed 1/28/10)
- Memorandum (2) in Opposition to Motion to Dismiss 14th Amendment Claims (filed 1/28/10)
- Mediation Agreement (entered 1/28/10)
- Second Motion to Amend/Correct Complaint by all Plaintiffs (filed 2/8/10)
- Memorandum in Support of Second Motion to Amend/Correct Complaint (filed 2/8/10)
- Motion for Class Certification by all Plaintiffs (filed 2/8/10)
- Memorandum in Support of Motion for Class Certification (filed 2/8/10)
- Reply in Response to Opposition to Motion to Dismiss 14th Amendment Claims (filed 2/17/10)
- Memorandum in Opposition to Plaintiffs' Motion for Class Certification and Plaintiffs' Motion to Amend Complaint (filed 3/1/10)
- State Defendants' Response to Plaintiffs' Second Motion to Amend/Correct Complaint (filed 3/1/10)
- State Defendants' Response to Plaintiffs' Motion for Class Certification (filed 3/1/10)
- Plaintiffs' Unopposed Motion for an Extension of Time to File Replies in Support of Their Motion to Amend the Complaint and Their Motion for Class Certification (filed 3/4/10)
- Motion Granted - deadline extended to March 22 (entered 3/5/10)
- Mediation Agreement Signed (filed 3/5/10)
- Settlement Agreement (filed 5/25/10)
- Judgment of Dismissal (filed 5/26/10)
- Stipulations of Dismissal (filed 5/26/10)
- Stipulations of Dismissal
- Motion to Dismiss with Prejudice (filed 5/28/10)
- Judgment of Dismissal (filed 6/1/10)
Commentary
Gerrymandering as Viewpoint Discrimination: A "Functional Equivalence" Test
Edward B. Foley
A First Amendment test for identifying when a map is functionally equivalent to a facially discriminatory statute.
more commentary...