Last Updated: September 10, 2010 at 1:39 PM

Maletski v. Macomb County Republican Party

Case Information

Date Filed / Ended: January 1, 2008 / October 20, 2008
State: Michigan
Issues: Voter Registration, Voter Eligibility
Courts that Heard this Case: U.S. District Court for the Eastern District of Michigan (Case 2:08-cv-13982)

Issue:

Whether an alleged Republican plan to challenge the voting registration of voters who appear on foreclosure lists violates the First and Fourteenth Amendments to the U.S. Constitution, 42 U.S.C. § 1983, and 42 U.S.C. § 1985(3).  The Republicans have denied any plan to engage in the alleged activities.

Status:

Complaint filed on 9/16/08.  Plaintiff filed a Motion for Preliminary Injunction on 9/25/08.  Responses and replies have been filed with the court.

District Court Documents

• COMPLAINT For Declaratory and Injunctive Relief (filed 9/16/08)
• Ex Parte MOTION for Leave to File Excess Pages (filed 9/25/08)
• MOTION for Preliminary Injunction (filed 9/25/08)
  • Index of Exhibits
  • Exhibit 1 - Maletski Declaration
  • Exhibit 2 - Lopez Declaration
  • Exhibit 3 - Zick Declaration
  • Exhibit 4 - Sabaugh Declaration
  • Exhibit 5 - Melzer Declaration
  • Exhibit 6 - NJ Consent Decree 1982
  • Exhibit 7 - NC Consent Decree 1992
  • Exhibit 8 - Detroit Free Press Article Nov 3 2004
  • Exhibit 9 - Detroit Free Press Article Oct 13 2004
  • Exhibit 10 - Michigan Messenger Article Sept 10 2008
  • Exhibit 11 - Columbus Dispatch Article July 6 2008
  • Exhibit 12 - St Petersburg Article Sept 16 2008
  • Exhibit 13 - Detroit Free Press Article Sept 12 2008
  • Exhibit 14 - Michigan Messenger Article Sept 11 2008
  • Exhibit 15 - Michigan Messenger Article Sept 12 2008
  • Exhibit 16 - Expert Report and Declaration of Dr Conrad Sept 25 2008
  • Exhibit 17 - New York Times Article Sept 25 2008
• NOTICE of hearing on MOTION for Preliminary Injunction
• ORDER Granting in Part Plaintiffs' Exparte Motion to Enlarge Page Limit (entered 9/29/08)
• ORDER Directing Defendants to Respond and Plaintiffs to Reply (entered 9/29/08)
• RESPONSE to MOTION to Expedite Consideration of Motion to Dismiss (filed 10/1/08)
• Ex Parte MOTION for Leave to File Brief Exceeding Page Limit by Michigan Republican Party (filed 10/1/08)
• ORDER Granting in Part Defendant Republican National Committee's Motion to Expedite Consideration of Its Motion to Dismiss. (filed 10/1/08)
• MOTION to Dismiss Complaint by Michigan Republican Party (filed 10/1/08)
  • Index of Exhibits
  • Exhibit 1 - Affidavit of Saulius Anuzis
  • Exhibit 2 - Affidavit of Kelly Harrigan
  • Exhibit 3 - Post (September 10, 2008)
  • Exhibit 4 - Detroit Free Press Article (September 12, 2008)
  • Exhibit 5 - Post (September 15, 2008)
• MOTION to Expedite Consideration of its Motion to Dismiss by Michigan Republican Party (filed 10/1/08)
• SUPERSEDING ORDER Granting Republican National Committee and Michigan Republican Party's Motions for Expedited Consideration of their Respective Motions to Dismiss (entered 10/2/08)
• ORDER Denying Defendant Michigan Republican Party's Exparte Motion for Leave to File Brief Exceeding Page Limit (entered 10/2/08)
• MOTION to Dismiss Complaint (corrected) by Michigan Republican Party (filed 10/3/08)
  • Index of Exhibits
  • Exhibit 1 - Affidavit of Saulius Anuzis
  • Exhibit 2 - Affidavit of Kelly Harrigan
  • Exhibit 3 - Post (September 10, 2008)
  • Exhibit 4 - Detroit Free Press Article (September 12, 2008)
  • Exhibit 5 - Post (September 15, 2008)
• MOTION to Expedite Consideration of Motion to Dismiss (filed 10/8/08)
• MOTION to Dismiss and Brief in Support of Motion (filed 10/8/08)
  • Index of Exhibits
  • Exhibit 1, Exhibit 2, Exhibit 3
• ORDER Granting MOTION to Expedite Consideration of Motion to Dismiss (entered 10/8/08)
• RESPONSE to MOTION for Preliminary Injunction filed by Michigan Republican Party (filed 10/10/08)
  • Index of Exhibits
  • Exhibit 1, Exhibit 2, Exhibit 3, Exhibit 4
  • Exhibit 5, Exhibit 6, Exhibit 7, Exhibit 8
• RESPONSE to MOTION for Preliminary Injunction filed by Macomb County Republican Party (filed 10/10/08)
  • Index of Exhibits
  • Exhibit 1
  • Exhibit 2
  • Exhibit 3
  • Exhibit 4
• RESPONSE to MOTION to Dismiss and Brief in Support of Motion filed by Duane Maletski, Sharon Lopez, Frances Zick, Obama for America, Democratic National Committee (filed 10/10/08)
  • Index of Exhibits
  • Exhibit 1 - MI GOP Election Day Operations
  • Exhibit 2 - MI GOP.org/Macomb County Web Page
  • Exhibit 3 - MI GOP -- Election Day Operations Module Notes
  • Exhibit 4 - Indianapolis Star, Democrats Fear GOP Will Turn Away Foreclosed Voters, Oct 3, 2008
  • Exhibit 5 - McCain Palin Victory '08 Website
  • Exhibit 6 - GOP.com -- Victory Center for Macomb County
  • Exhibit 7 - GOP Press Release, "RNC Announces Victory '08," June 24, 2008
  • Exhibit 8 - MI GOP Blog, Victory '08 Staff and Offices Announced, July 2, 2008
  • Exhibit 9 - KPAX, "Judge to Hear MT Voter Challenge Case," June 9, 2008
• RESPONSE to MOTION for Preliminary Injunction and Declaratory Relief filed by RNC (filed 10/10/08)
  • Index of Exhibits
  • Exhibit A
  • Exhibit B
  • Exhibit C
• REPLY to Response regarding MOTION to Dismiss (filed 10/13/08)
• REPLY to Response regarding MOTION for Preliminary Injunction (filed 10/15/08)
  • Index of Exhibits
  • Exhibit 1 -- Detroit Free Press Article, Michigan to Combat Claims of Possible Suppression of Voters
• STIPULATION to Dismissal with Prejudice and Without Costs by Republican National Committee (filed 10/20/08)
• STIPULATION of Dismissal with Prejudice and Without Costs (filed 10/20/08)
• Minute Entry -Hearing on Motion to Dismiss and Preliminary Injunction Not Held before District Judge David M Lawson. Disposition: The parties settled. (filed 10/21/08)
• Settlement Agreement

Related Links

• Flap over foreclosure challenges in Michigan grows, MLive.com (AP), 9/16/08