Case: Bowman v. Chambers

4:21-cv-01406 | U.S. District Court for the Eastern District of Missouri

Filed Date: Nov. 30, 2021

Closed Date: Feb. 22, 2022

Clearinghouse coding complete

Case Summary

This case is about the St. Louis County Bipartisan Reapportionment Commission's ("Reapportionment Commission's") failure to redraw and file with the St. Louis County Board of Election Commissioners ("Board") the St. Louis County Council district boundaries following the 2020 census. On November 30, 2021, one set of plaintiffs (the “Bowman Plaintiffs”) filed a complaint in the U.S. District Court for the Eastern District of Missouri against the St. Louis County Board of Election Commissioners, s…

This case is about the St. Louis County Bipartisan Reapportionment Commission's ("Reapportionment Commission's") failure to redraw and file with the St. Louis County Board of Election Commissioners ("Board") the St. Louis County Council district boundaries following the 2020 census.

On November 30, 2021, one set of plaintiffs (the “Bowman Plaintiffs”) filed a complaint in the U.S. District Court for the Eastern District of Missouri against the St. Louis County Board of Election Commissioners, seeking judicial reapportionment of the district after the Reapportionment Commission failed to file a reapportionment plan and map with the County Executive by November 28, 2021 – six months after the 2020 Census results were reported. On December 10, 2021, another set of plaintiffs (the “Arps Plaintiffs”) filed a complaint arguing that the existing reapportionment plan and map based on the 2010 Census discriminated against Republican voters. The cases were then consolidated. The “Bowman Plaintiffs” were democrats on the Reapportionment Commission. The “Arps Plaintiffs” were registered voters in St. Louis County, three of whom were Republicans from the Reapportionment Commission. Magistrate Judge Nannette A. Baker presided over the case. The Bowman Plaintiffs and the Arps Plaintiffs sought declaratory and other relief under 42 U.S.C. § 1983, and both complaints also cited the Equal protection Clause of the Fourteenth Amendment of the U.S. Constitution, and Article I, Section 2 of the Missouri Constitution. The Arps Plaintiffs further sought relief under the Voting Rights Act and 42 U.S.C. § 1985 (this second claim was dismissed).

All plaintiffs generally asked (1) that the court declare that the current council district boundaries based on the 2010 Census violate the U.S. Constitution and Missouria Constitution, and (2) that the court reapportion the districts so that each of the seven districts in St. Louis County “are composed of contiguous territory as compact and nearly equal in population as possible,” as required under the County Charter.

In a February 22, 2022 order, the court held that the current district boundaries violated the principal of “one person, one vote” because the 2020 Census showed that the districts were not split evenly by population, so each vote was not given equal weight. 586 F.Supp. 926, 934 (E.D. Mo. 2022). Elections using these districts would violate the Equal Protection Clause of the U.S. Constitution and Article I, Section 2 of the Missouri Constitution. Because of this, the court was forced to determine whether any of the three maps plaintiffs offered were permissible and, if not, draw its own reapportionment map. Id. 

The court first reviewed plaintiffs’ maps to determine if they complied with three factors that a district court must achieve when taking the role of reapportioning voting districts in place of the legislature: “(1) equality of population among districts; (2) geographic compactness; and (3) protection of minority voting rights.” Id. (quoting Fletcher v. Golder, 959 F.2d 106, 109 (8th Cir. 1992)). The court found that all offered maps met these requirements, but were nonetheless impermissible maps because plaintiffs considered factors that a court may not consider when drawing an apportionment map. Id. at 943-44.  

The Bowman Plaintiffs urged the court to also consider “preservation of municipal boundaries” in its decision. The court declined to adopt the Bowman Plaintiffs’ plan, explaining that it “sacrifice[d] compactness for” preservation of municipal boundaries, which is “a redistricting principle not required by the Charter and not historically recognized in reapportioning the St. Louis County Council Districts.” Id. at 940.

The court next determined that the Arps Plaintiffs drew their plans with the intent to accommodate an incumbent. It similarly declined to adopt those plans because “protection of incumbents is not a historical factor considered by previous courts in adopting or drawing a plan for the council districts.” Id. at 943. Finding all offered plans impermissible, the court drew its own plan. Id. at 943-44.

This case is now closed. 

Summary Authors

Madeline Mischler (12/9/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/61584386/parties/bowman-v-chambers/


Judge(s)

Baker, Nannette A. (Missouri)

Attorney for Plaintiff

Dueker, Jane E. (Missouri)

Attorney for Defendant

Garrett, Steven W. (Missouri)

Expert/Monitor/Master/Other

Capizzi, Steven J (Missouri)

Goldkamp, Noah John (Missouri)

Documents in the Clearinghouse

Documents in this case
1

4:21-cv-01406

Complaint (Bowman Plaintiffs)

Nov. 30, 2021

Nov. 30, 2021

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/61584386/bowman-v-chambers/

Last updated April 15, 2026, 5:17 a.m.

ECF Number Date Description Link
1 Nov. 30, 2021

COMPLAINT against defendant All Defendants with receipt number AMOEDC-9003687, in the amount of $402 Non-Jury Demand,, filed by Dana Sandweiss, Glenn Koenen, Brian Wingbermuehle, Karen Cloyd, John Bowman, Susan Meredith, Tommie Pierson, Jr.. (Attachments: # 1 Civil Cover Sheet, # 2 Original Filing Form, # 3 Summons - Robert L. Chambers, # 4 Summons - Patricia Yaeger, # 5 Summons - Marsha E. Haeffner, # 6 Summons - Florence Hill)(Greiman, Gerald) (Entered: 11/30/2021)

1 Civil Cover Sheet

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2 Original Filing Form

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3 Summons - Robert L. Chambers

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4 Summons - Patricia Yaeger

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5 Summons - Marsha E. Haeffner

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6 Summons - Florence Hill

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RECAP
2 Nov. 30, 2021

NOTICE OF PROCESS SERVER by Plaintiffs John Bowman, Karen Cloyd, Glenn Koenen, Susan Meredith, Tommie Pierson, Jr., Dana Sandweiss, Brian Wingbermuehle Process Server: Harry Yiatras - Lousika Legal Courier, LLC (Greiman, Gerald) (Entered: 11/30/2021)

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3 Dec. 1, 2021

ENTRY of Appearance by Thomas W. Hayde, Jr for Plaintiffs John Bowman, Karen Cloyd, Glenn Koenen, Susan Meredith, Tommie Pierson, Jr., Dana Sandweiss, Brian Wingbermuehle. (Hayde, Thomas) (Entered: 12/01/2021)

RECAP
4 Dec. 1, 2021

Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (Potter, Jacob) (Entered: 12/01/2021)

RECAP
Dec. 1, 2021

Case Opening Notification. Judge Assigned: Honorable Nannette A. Baker. 4 Summons(es) issued and emailed to Attorney Gerald P. Greiman. All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click here for the instructions. (JKL)

Dec. 1, 2021

Judge Baker enters a Standing Order in all of her cases as follows: See Order for details https://www.moed.uscourts.gov/judge/nannette-baker (EAB)

Dec. 1, 2021

Case Opening Notification

Dec. 2, 2021

Case Assignment Local Rule 2.08

Dec. 2, 2021

NAB COVID-19 Remark

5 Dec. 6, 2021

MOTION to Expedite Trial Setting and Entry of Scheduling Order by Plaintiffs John Bowman, Karen Cloyd, Glenn Koenen, Susan Meredith, Tommie Pierson, Jr., Dana Sandweiss, Brian Wingbermuehle. (Greiman, Gerald) (Entered: 12/06/2021)

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6 Dec. 6, 2021

NOTICE of Related Case: by Plaintiffs John Bowman, Karen Cloyd, Glenn Koenen, Susan Meredith, Tommie Pierson, Jr., Dana Sandweiss, Brian Wingbermuehle (Greiman, Gerald) (Entered: 12/06/2021)

RECAP
7 Dec. 6, 2021

ENTRY of Appearance and Acceptance of Service by Steven W. Garrett for Defendants Robert L. Chambers, Marsha E. Haeffner, Florence Hill, Patricia Yaeger. (Garrett, Steven) Modified on 12/7/2021 (MCB). (Entered: 12/06/2021)

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8 Dec. 6, 2021

ENTRY of Appearance by Edward J. Sluys for Defendants Robert L. Chambers, Marsha E. Haeffner, Florence Hill, Patricia Yaeger. (Sluys, Edward) (Entered: 12/06/2021)

RECAP
9 Dec. 6, 2021

MOTION to Consolidate Cases NOTICE by Plaintiff John Bowman. (Attachments: # 1 Exhibit Motion Consolidate)(Spooner, Jack) (Entered: 12/06/2021)

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10 Dec. 6, 2021

MOTION to Consolidate Cases Consolidate with higher case number 4:21-cv-01410 by Movant Becky Arps. (Spooner, Jack) (Entered: 12/06/2021)

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11 Dec. 7, 2021

FULL CONSENT has been received by Plaintiffs John Bowman, Karen Cloyd, Glenn Koenen, Susan Meredith, Tommie Pierson, Jr., Dana Sandweiss, Brian Wingbermuehle, Defendants Robert L. Chambers, Marsha E. Haeffner, Florence Hill, Patricia Yaeger. (MCB) (Additional attachment(s) added on 12/10/2021: # 1 (All named plantiffs in 4:21cv1410)) (MCB). (Entered: 12/07/2021)

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12 Dec. 7, 2021

RESPONSE to Motion re 10 MOTION to Consolidate Cases Consolidate with higher case number 4:21-cv-01410 filed by Plaintiffs John Bowman, Karen Cloyd, Glenn Koenen, Susan Meredith, Tommie Pierson, Jr., Dana Sandweiss, Brian Wingbermuehle. (Greiman, Gerald) (Entered: 12/07/2021)

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13 Dec. 8, 2021

Docket Text ORDER: IT IS HEREBY ORDERED that any responses to Plaintiffs' Motion to Expedite [Doc. 5] and Becky Arps' Motion to Consolidate Cases [Doc. 10] must be filed no later than December 15, 2021. Replies must be filed no later than December 20, 2021. Signed by Magistrate Judge Nannette A. Baker on December 8, 2021. (JMR) (Entered: 12/08/2021)

RECAP
Dec. 8, 2021

A Docket Text Order

14 Dec. 10, 2021

CONSENT to Consolidation of Cases by Defendants Robert L. Chambers, Marsha E. Haeffner, Florence Hill, Patricia Yaeger.. (Garrett, Steven) (Entered: 12/10/2021)

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16 Dec. 10, 2021

FIRST AMENDED COMPLAINT (from 4:21CV1410 case) against defendant Robert L. Chambers, John Doe 1-20, Marsha E. Haeffner, St. Louis County Board of Election Commissioners, Patricia Yaeger, filed by Ernie Trakas, Adam Bohn, Rene Artman, Kelly Stavros, Tim Fitch, Mark Harder, Richard Wolfe, Lisa Kaliski, Becky Arps, Amy Poelker, June Schmidt, Edward Engler, Rita Heard Days.(MCB) (Entered: 12/14/2021)

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15 Dec. 14, 2021

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the Arps Plaintiffs' motion to consolidate is GRANTED. (Doc. 10.) IT IS FURTHER ORDERED that this case is consolidated with Becky Arps, et al. v. Robert L. Chambers, et al., Cause Number 4:21-cv-1410, for all purposes. IT IS FURTHER ORDERED that from this date forward all papers shall be filed in this case only, that no further pleadings or papers be filed in Cause Number 4:21-cv-1410 and that Cause Number 4:21-cv-1410 is administratively closed. IT IS FINALLY ORDERED that a status and scheduling conference will be held on Monday, December 20, 2021, at 2:30 pm. The conference will take place via Zoom. Participants will receive a separate email with a link to join the hearing by Zoom. Members of the general public who wish to listen in to the hearing are directed to call one of the following numbers to participate by phone: 1-669-254-5252, Meeting ID: 161 697 3358, Password: 498004. Pursuant to Local Rule 13.02, all means of photographing, recording, broadcasting, and televising are prohibited in any courtroom, and in areas adjacent to any courtroom, except when authorized by the presiding judge. This includes proceedings ordered by the Court to be conducted by phone or video. ( Status Conference set for 12/20/2021 02:30 PM in Zoom Video Conference before Magistrate Judge Nannette A. Baker.) Signed by Magistrate Judge Nannette A. Baker on December 14, 2021. (MCB) (Entered: 12/14/2021)

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17 Dec. 20, 2021

ENTRY of Appearance by Jane E. Dueker for Consolidated Filer Plaintiff Rita Heard Days. (Dueker, Jane) (Entered: 12/20/2021)

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18 Dec. 20, 2021

ELECTRONIC MINUTE ENTRY for proceedings held before Magistrate Judge Nannette A. Baker: Rule 16 Conference held on 12/20/2021. Conference held by video. CMO to issue. (MCB) (Entered: 12/21/2021)

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19 Dec. 23, 2021

CASE MANAGEMENT ORDER IT IS HEREBY ORDERED that Plaintiffs' motions for expedited trial setting and entry of scheduling order are GRANTED. (Doc. 5 of Cause No. 4:21-cv-1406 and Doc. 6 of Cause No. 4:21-cv-1410.) IT IS FURTHER ORDERED that the following schedule shall apply in this case, and will be modified only upon a showing of exceptional circumstances: This case is assigned to Track: 1( Motion to Join Parties due by 12/29/2021., Discovery Completion due by 1/25/2022., Bench Trial set for 2/2/2022 09:00 AM in Courtroom 13N - St. Louis before Magistrate Judge Nannette A. Baker., Pretrial Conference set for 1/31/2022 01:30 AM in Courtroom 13N - St. Louis before Magistrate Judge Nannette A. Baker., Pretrial Compliance due by 1/27/2022.) Signed by Magistrate Judge Nannette A. Baker on 12/23/2021. (KXS) (Entered: 12/23/2021)

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20 Dec. 27, 2021

ANSWER to 1 Complaint, Answer and Affirmative Defenses to Complaint of Bowman Plaintiffs Complaint by Robert L. Chambers, Marsha E. Haeffner, Florence Hill, Patricia Yaeger.(Garrett, Steven) (Entered: 12/27/2021)

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21 Dec. 27, 2021

ANSWER to 16 Amended Complaint, Answer and Affirmative Defenses to First Amended Complaint of Arps Plaintiffs' Complaint by Robert L. Chambers, Marsha E. Haeffner, Florence Hill, Patricia Yaeger.(Garrett, Steven) (Entered: 12/27/2021)

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22 Dec. 28, 2021

AMENDED CASE MANAGEMENT ORDER (See Amended CMO for complete details.) This case is assigned to Track: 1. Motion to Join Parties due by 12/29/2021. Discovery Completion due by 1/25/2022. Bench Trial set for 2/1/2022 09:00 AM in Courtroom 13N - St. Louis before Magistrate Judge Nannette A. Baker. This is a one-day docket. Pretrial Conference set for 1/31/2022 01:30 PM in Courtroom 13N - St. Louis before Magistrate Judge Nannette A. Baker. Pretrial Compliance due by 1/27/2022. Signed by Magistrate Judge Nannette A. Baker on December 28, 2021. (MCB) (Entered: 12/28/2021)

RECAP
23 Dec. 30, 2021

MOTION to Dismiss :OR SEVER ARPS PLAINTIFFS CONSPIRACY CLAIM AND COMBINED MEMORANDUM IN SUPPORT by Plaintiffs John Bowman, Karen Cloyd, Glenn Koenen, Susan Meredith, Tommie Pierson, Jr., Dana Sandweiss, Brian Wingbermuehle. (Hayde, Thomas) (Entered: 12/30/2021)

RECAP
24 Jan. 7, 2022

Docket Text ORDER: IT IS HEREBY ORDERED that the Arps Plaintiffs' Response to the Bowman Plaintiffs' Motion to Dismiss or Sever [Doc. 23] must be filed no later than January 13, 2022. Signed by Magistrate Judge Nannette A. Baker on January 7, 2022. (JMR) (Entered: 01/07/2022)

RECAP
Jan. 7, 2022

A Docket Text Order

25 Jan. 12, 2022

MEMORANDUM in Opposition re 23 MOTION to Dismiss :OR SEVER ARPS PLAINTIFFS CONSPIRACY CLAIM AND COMBINED MEMORANDUM IN SUPPORT filed by Consolidated Filer Plaintiff Becky Arps. (Spooner, Jack) (Entered: 01/12/2022)

RECAP
26 Jan. 13, 2022

REPLY to Response to Motion re 23 MOTION to Dismiss :OR SEVER ARPS PLAINTIFFS CONSPIRACY CLAIM AND COMBINED MEMORANDUM IN SUPPORT filed by Plaintiffs John Bowman, Glenn Koenen, Susan Meredith, Tommie Pierson, Jr., Dana Sandweiss, Brian Wingbermuehle. (Hayde, Thomas) (Entered: 01/13/2022)

RECAP
27 Jan. 20, 2022

First MOTION to Dismiss Case Bowmand Palintiffs' or for Other Relief Based on Spoilation by Consolidated Filer Plaintiffs Becky Arps, Rene Artman, Adam Bohn, Rita Heard Days, Edward Engler, Tim Fitch, Mark Harder, Lisa Kaliski, Amy Poelker, June Schmidt, Kelly Stavros, Ernie Trakas, Richard Wolfe. (Spooner, Jack) (Entered: 01/20/2022)

RECAP
28 Jan. 21, 2022

Amended MOTION to Dismiss Case or for Other Relief Based on Spoliation of Evidence by Consolidated Filer Plaintiffs Becky Arps, Rene Artman, Adam Bohn, Rita Heard Days, Edward Engler, Tim Fitch, Mark Harder, Lisa Kaliski, Amy Poelker, June Schmidt, Kelly Stavros, Ernie Trakas, Richard Wolfe. (Spooner, Jack) (Entered: 01/21/2022)

RECAP
29 Jan. 23, 2022

STIPULATION re 28 Amended MOTION to Dismiss Case or for Other Relief Based on Spoliation of Evidence Stipulated Briefing Schedule by Consolidated Filer Plaintiffs Becky Arps, Rene Artman, Adam Bohn, Rita Heard Days, Edward Engler, Tim Fitch, Mark Harder, Lisa Kaliski, Amy Poelker, June Schmidt, Kelly Stavros, Ernie Trakas, Richard Wolfe, Plaintiffs John Bowman, Karen Cloyd, Glenn Koenen, Susan Meredith, Tommie Pierson, Jr., Dana Sandweiss, Brian Wingbermuehle. (Hayde, Thomas) (Entered: 01/23/2022)

RECAP
30 Jan. 25, 2022

MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that the Bowman Plaintiffs Motion to Dismiss or Sever Arps Plaintiffs Conspiracy Claim is GRANTED. (Doc. 23 .) IT IS FURTHER ORDERED that Doe Defendants 1-20 are severed from this action and the claims against them are dismissed without prejudice. Signed by Magistrate Judge Nannette A. Baker on 1/25/2022. (JEB) (Entered: 01/25/2022)

RECAP
31 Jan. 25, 2022

FULL CONSENT has been received by Consolidated Filer Plaintiffs Becky Arps, Rene Artman, Adam Bohn, Rita Heard Days, Edward Engler, Tim Fitch, Mark Harder, Lisa Kaliski, Amy Poelker, June Schmidt, Kelly Stavros, Ernie Trakas, Richard Wolfe, Plaintiffs John Bowman, Karen Cloyd, Glenn Koenen, Susan Meredith, Tommie Pierson, Jr., Dana Sandweiss, Brian Wingbermuehle, Defendants Robert L. Chambers, Marsha E. Haeffner, Florence Hill, Patricia Yaeger, Consolidated Filer Defendant St. Louis County Board of Election Commissioners. (MCB) (Entered: 01/25/2022)

RECAP
32 Jan. 25, 2022

MOTION to Quash by Movants Sam Page and Cora Faith Walker. (Attachments: # 1 Exhibit Subpoena of Dr. Sam Page, # 2 Exhibit Subpoena of Cora Faith Walker)(Capizzi, Steven) Modified on 1/26/2022 (MCB). (Entered: 01/25/2022)

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33 Jan. 25, 2022

MEMORANDUM in Support of Motion re 32 MOTION to Quash filed by Movants Sam Page and Cora Faith Walker. (Capizzi, Steven) Modified on 1/26/2022 (MCB). (Entered: 01/25/2022)

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34 Jan. 25, 2022

ENTRY of Appearance by Steven J Capizzi for Movants Sam Page and Cora Faith Walker. (Capizzi, Steven) Modified on 1/26/2022 (MCB). (Entered: 01/25/2022)

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35 Jan. 26, 2022

Docket Text ORDER:IT IS HEREBY ORDERED that Movants Sam Page and Cora Faith Walker's Motion to Quash [Doc. 32] is DENIED without prejudice for failure to comply with Local Rule 3.04(A). Should the parties be unable to resolve their dispute after conferring in person or by telephone, they may file a joint statement summarizing the remaining issues for dispute and the parties' respective positions and legal authority. Signed by Magistrate Judge Nannette A. Baker on January 26, 2022. (JMR) (Entered: 01/26/2022)

RECAP
36 Jan. 26, 2022

MOTION for Extension of: Case Management Order Deadlines by Consolidated Filer Plaintiff Becky Arps. (Spooner, Jack) (Entered: 01/26/2022)

RECAP
Jan. 26, 2022

A Docket Text Order

37 Jan. 27, 2022

RESPONSE to Motion re 36 MOTION for Extension of: Case Management Order Deadlines filed by Plaintiffs John Bowman, Karen Cloyd, Glenn Koenen, Susan Meredith, Dana Sandweiss, Brian Wingbermuehle. (Greiman, Gerald) (Entered: 01/27/2022)

RECAP
38 Jan. 27, 2022

RESPONSE to Motion re 36 MOTION for Extension of: Case Management Order Deadlines filed by Defendants Robert L. Chambers, Marsha E. Haeffner, Florence Hill, Patricia Yaeger. (Sluys, Edward) (Entered: 01/27/2022)

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39 Jan. 27, 2022

Docket Text ORDER: IT IS HEREBY ORDERED that the Arps Plaintiffs motion for extension [Doc. 36] is GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that the Amended Case Management Order [Doc. 22] is amended as follows: Unless otherwise noted herein, pre-trial materials referenced on pages 3 and 4 of the CMO shall be exchanged and/or filed no later than Friday, January 28, 2022 at 12:00 PM. File-stamped courtesy copies of any filings shall be hand-delivered to Chambers no later than Friday, January 28, 2022 at 5:00 PM. Objections to trial designations and motions in limine shall be filed no later than Sunday, January 30, 2022 at 10:00 AM. Findings of Fact, Conclusions of Law and Trial Brief shall be filed no later than Sunday, January 30, 2022 at 5:00 PM. File-stamped courtesy copies of any Sunday filings shall be hand-delivered to Chambers no later than Monday, January 31, 2022. No further extensions will be considered. Signed by Magistrate Judge Nannette A. Baker on January 27, 2022. (JMR) (Entered: 01/27/2022)

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40 Jan. 27, 2022

MOTION to Dismiss :Count II and Count III of the First Amended Complaint by Consolidated Filer Plaintiff Becky Arps. (Spooner, Jack) (Entered: 01/27/2022)

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Jan. 27, 2022

A Docket Text Order

41 Jan. 28, 2022

Exhibit List (BOWMAN PLAINTIFFS) by Plaintiffs John Bowman, Karen Cloyd, Glenn Koenen, Susan Meredith, Tommie Pierson, Jr., Dana Sandweiss, Brian Wingbermuehle. (Greiman, Gerald) (Entered: 01/28/2022)

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42 Jan. 28, 2022

WITNESS LIST by Plaintiffs John Bowman, Karen Cloyd, Glenn Koenen, Susan Meredith, Tommie Pierson, Jr., Dana Sandweiss, Brian Wingbermuehle. (Greiman, Gerald) (Entered: 01/28/2022)

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43 Jan. 28, 2022

Deposition Designations by Consolidated Filer Plaintiff Becky Arps.. (Spooner, Jack) (Entered: 01/28/2022)

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44 Jan. 28, 2022

CLERKS Exhibit List by Consolidated Filer Plaintiff Becky Arps as to Trial. (Spooner, Jack) (Entered: 01/28/2022)

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45 Jan. 28, 2022

Deposition Designations by Plaintiffs John Bowman, Karen Cloyd, Glenn Koenen, Susan Meredith, Tommie Pierson, Jr., Dana Sandweiss, Brian Wingbermuehle.. (Greiman, Gerald) (Entered: 01/28/2022)

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46 Jan. 28, 2022

Stipulation of Uncontested Facts by Plaintiffs John Bowman, Karen Cloyd, Glenn Koenen, Susan Meredith, Tommie Pierson, Jr., Dana Sandweiss, Brian Wingbermuehle. (Greiman, Gerald) (Entered: 01/28/2022)

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47 Jan. 28, 2022

MOTION in Limine by Plaintiffs John Bowman, Karen Cloyd, Glenn Koenen, Susan Meredith, Tommie Pierson, Jr., Dana Sandweiss, Brian Wingbermuehle. (Hayde, Thomas) (Entered: 01/28/2022)

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48 Jan. 28, 2022

CLERKS WITNESS LIST by Consolidated Filer Plaintiff Becky Arps as to Trial. (Spooner, Jack) (Entered: 01/28/2022)

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49 Jan. 28, 2022

Exhibit List by Defendant Robert L. Chambers. (Sluys, Edward) (Entered: 01/28/2022)

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50 Jan. 28, 2022

WITNESS LIST by Defendant Robert L. Chambers. (Sluys, Edward) (Entered: 01/28/2022)

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51 Jan. 28, 2022

MOTION to Strike by Plaintiffs John Bowman, Karen Cloyd, Glenn Koenen, Susan Meredith, Tommie Pierson, Jr., Dana Sandweiss, Brian Wingbermuehle. (Hayde, Thomas) (Entered: 01/28/2022)

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52 Jan. 28, 2022

First MOTION in Limine Previously Designated as the First Amended Motion to Dismiss by Consolidated Filer Plaintiff Becky Arps. (Spooner, Jack) (Entered: 01/28/2022)

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53 Jan. 30, 2022

OBJECTION to Pretrial re 44 Exhibit List by Plaintiffs John Bowman, Karen Cloyd, Glenn Koenen, Susan Meredith, Tommie Pierson, Jr., Dana Sandweiss, Brian Wingbermuehle. Related document: 44 Exhibit List filed by Becky Arps.(Greiman, Gerald) (Entered: 01/30/2022)

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54 Jan. 30, 2022

OBJECTION to Pretrial re 43 Deposition Designations by Plaintiffs John Bowman, Karen Cloyd, Glenn Koenen, Susan Meredith, Tommie Pierson, Jr., Dana Sandweiss, Brian Wingbermuehle. Related document: 43 Deposition Designations filed by Becky Arps.(Greiman, Gerald) (Entered: 01/30/2022)

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55 Jan. 30, 2022

MEMORANDUM in Opposition re 52 First MOTION in Limine Previously Designated as the First Amended Motion to Dismiss filed by Plaintiffs John Bowman, Karen Cloyd, Glenn Koenen, Susan Meredith, Tommie Pierson, Jr., Dana Sandweiss, Brian Wingbermuehle. (Greiman, Gerald)(Document filed incorrectly; Attorney has refiled the document as #60) Modified on 1/31/2022 (HMA). (Entered: 01/30/2022)

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56 Jan. 30, 2022

Second MOTION in Limine by Consolidated Filer Plaintiff Becky Arps. (Spooner, Jack) (Entered: 01/30/2022)

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57 Jan. 30, 2022

Third MOTION in Limine by Consolidated Filer Plaintiff Becky Arps. (Spooner, Jack) (Entered: 01/30/2022)

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58 Jan. 30, 2022

Fourth MOTION in Limine by Consolidated Filer Plaintiff Becky Arps. (Spooner, Jack) (Entered: 01/30/2022)

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59 Jan. 30, 2022

OBJECTION to Pretrial Objection to Trial Designations by Consolidated Filer Plaintiff Becky Arps. (Spooner, Jack) (Entered: 01/30/2022)

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60 Jan. 30, 2022

MEMORANDUM in Opposition re 52 First MOTION in Limine Previously Designated as the First Amended Motion to Dismiss filed by Plaintiffs John Bowman, Karen Cloyd, Glenn Koenen, Susan Meredith, Tommie Pierson, Jr., Dana Sandweiss, Brian Wingbermuehle. (Hayde, Thomas) (Entered: 01/30/2022)

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61 Jan. 30, 2022

Fifth MOTION in Limine Arps Plaintiffs by Consolidated Filer Plaintiffs Becky Arps, Rene Artman, Adam Bohn, Rita Heard Days, Edward Engler, Tim Fitch, Mark Harder, Lisa Kaliski, Amy Poelker, June Schmidt, Kelly Stavros, Ernie Trakas, Richard Wolfe. (Dueker, Jane) (Entered: 01/30/2022)

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62 Jan. 30, 2022

TRIAL BRIEF by Defendants Robert L. Chambers, Marsha E. Haeffner, Florence Hill, Patricia Yaeger. (Sluys, Edward) (Entered: 01/30/2022)

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63 Jan. 30, 2022

Proposed Findings of Fact by Plaintiffs John Bowman, Karen Cloyd, Glenn Koenen, Susan Meredith, Tommie Pierson, Jr., Dana Sandweiss, Brian Wingbermuehle. (Greiman, Gerald) (Entered: 01/30/2022)

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64 Jan. 30, 2022

TRIAL BRIEF by Plaintiffs John Bowman, Karen Cloyd, Glenn Koenen, Susan Meredith, Tommie Pierson, Jr., Dana Sandweiss, Brian Wingbermuehle. (Hayde, Thomas) (Entered: 01/30/2022)

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65 Jan. 30, 2022

TRIAL BRIEF by Consolidated Filer Plaintiff Becky Arps. (Spooner, Jack) (Entered: 01/30/2022)

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66 Jan. 30, 2022

Proposed Findings of Fact by Consolidated Filer Plaintiff Becky Arps. (Spooner, Jack) (Entered: 01/30/2022)

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67 Jan. 30, 2022

Deposition Designations by Plaintiffs John Bowman, Karen Cloyd, Glenn Koenen, Susan Meredith, Tommie Pierson, Jr., Dana Sandweiss, Brian Wingbermuehle.. (Greiman, Gerald) (Entered: 01/30/2022)

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68 Jan. 30, 2022

OBJECTION to Pretrial Arps Plaintiffs Objections to Deposition Designations and Counter Designations by Consolidated Filer Plaintiff Rita Heard Days. (Dueker, Jane) (Entered: 01/30/2022)

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69 Jan. 30, 2022

Deposition Designations by Consolidated Filer Plaintiffs Rita Heard Days, Tim Fitch.. (Dueker, Jane) (Entered: 01/30/2022)

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Jan. 30, 2022

Memorandum in Opposition to Motion

70 Jan. 31, 2022

OBJECTION to Pretrial re 69 Deposition Designations by Plaintiffs John Bowman, Karen Cloyd, Glenn Koenen, Susan Meredith, Tommie Pierson, Jr., Dana Sandweiss, Brian Wingbermuehle. Related document: 69 Deposition Designations filed by Tim Fitch, Rita Heard Days.(Greiman, Gerald) (Entered: 01/31/2022)

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71 Jan. 31, 2022

ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before Magistrate Judge Nannette A. Baker: Final Pretrial Conference held on 1/31/2022. Parties present. Arps Plaintiffs' Motion to Dismiss and Amended Motion to Dismiss 27 and 28 are withdrawn by counsel. Arps Plaintiffs' Motion to Dismiss Counts II of First Amended Complaint 40 is Granted. Bowman Plaintiffs' Motion in Limine 47 1. Denied; 2. Ruling is reserved; 3. Granted; Bowman Plaintiffs' Motion to Strike 51 is withdrawn as moot; Arps Plaintiffs' Motion in Limine 52 is Granted; Arps Plaintiffs' Motion in Limine 56 is Denied; Arps Plaintiffs' Motion in Limine 57 Ruling is reserved; Arps Plaintiffs' Motion in Limine 58 is Denied; Arps Plaintiffs' Motion in Limine 61 Ruling is reserved. Oral motion made by Jack Spooner to withdraw as counsel for Rita Heard Days is Granted. Bench trial set for Tuesday, February 1, 2022 at 9:00 a.m. (Court Reporter:Carla Klaustermeier, Carla_Klaustermeier@moed.uscourts.gov, 314-244-7984) (proceedings started: 1:32 pm) (proceedings ended: 3:19 pm) (Deputy Clerk: J. Bailey)(Appearance for Plaintiff: Thomas Hayde, Gerald Greiman, Jack Spooner and Jane Dueker)(Appearance for Defendant: Edward Sluys) (JEB) (Entered: 01/31/2022)

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Jan. 31, 2022

Pretrial Conference

72 Feb. 1, 2022

ORDER (See Full Order) IT IS HEREBY ORDERED that any employee or agent of St. Louis County, Missouri involved in providing technical support and assistance in Cause No. 4:21-CV-1406 as described above, shall not divulge, share or otherwise disclose any conversations, calculations, drafts or other information obtained, learned or given during the process of analyzing, modifying, drafting or otherwise relaying information for the Courts consideration in this matter with any other person (except Court personnel specifically authorized by the Court) without the Courts prior approval. Any such employee shall also take all necessary steps to ensure all conversations, calculations, drafts or other information obtained, learned or given during this process remain confidential. Signed by Magistrate Judge Nannette A. Baker on 2/1/2022. (JEB) (Entered: 02/01/2022)

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73 Feb. 1, 2022

ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before Magistrate Judge Nannette A. Baker: Bench Trial held on 2/1/2022. Opening statements of Plaintiff and Defendant made. Plaintiff evidence commenced and concluded. Defense evidence commenced and concluded. Closing arguments made. Case taken under advisement, Bench Trial completed on 2/1/2022. Case taken under advisement. (Court Reporter:Carla Klaustermeier, Carla_Klaustermeier@moed.uscourts.gov, 314-244-7984) (proceedings started: 9:02 am) (proceedings ended: 3:05 pm) (Deputy Clerk: J. Bailey)(Appearance for Plaintiff: Thomas Hayde, Gerald Greiman, Jack Spooner and Jane Dueker)(Appearance for Defendant: Edward Sluys) (JEB) (Entered: 02/01/2022)

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74 Feb. 1, 2022

CLERKS Exhibit List as to Bench Trial. (JEB) (Entered: 02/01/2022)

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75 Feb. 1, 2022

CLERKS WITNESS LIST as to Bench Trial. (JEB) (Entered: 02/01/2022)

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Feb. 1, 2022

Bench Trial - Completed AND Bench Trial - Begun

76 Feb. 4, 2022

TRANSCRIPT ORDER REQUEST for 73 (NON-JURY TRIAL) by John Bowman, Karen Cloyd, Glenn Koenen, Susan Meredith, Tommie Pierson, Jr., Dana Sandweiss, Brian Wingbermuehle for proceedings held on 2/1/2022 court reporter Carla Klaustermeier before Judge Honorable Nannette A. Baker.. (Hayde, Thomas) (Request sent to court reporter on 2/9/2022) (EAB). (Entered: 02/04/2022)

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77 Feb. 10, 2022

TRANSCRIPT of 73 (NON-JURY TRIAL) held on 2/1/2022 before Judge Nannette A. Baker. Court Reporter/Transcriber Carla Klaustermeier, Carla_Klaustermeier@moed.uscourts.gov, 314-244-7984. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/3/2022. Redacted Transcript Deadline set for 3/14/2022. Release of Transcript Restriction set for 5/11/2022. (JEB) (Entered: 02/10/2022)

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78 Feb. 22, 2022

MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that the current St. Louis County, Missouri Council Districts are declared in violation of the Fourteenth Amendment to the United States Constitution and Article I, Section 2 of the Constitution of Missouri. IT IS FURTHER ORDERED that the apportionment plan adopted by the Court in this memorandum and attached hereto as Exhibit A is declared to meet all federal and state constitutional requirements. IT IS FURTHER ORDERED that said plan of reapportionment will govern the election of members of the St. Louis County, Missouri County Council beginning with the 2022 election and continuing thereafter until St. Louis County, Missouri Council Districts are reapportioned in accordance with applicable law. IT IS FURTHER ORDERED that Defendants in the performance of their duties and functions be governed by and comply with the court-adopted plan of apportionment. Signed by Magistrate Judge Nannette A. Baker on 2/22/2022. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(JEB) (Entered: 02/22/2022)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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79 Feb. 22, 2022

JUDGMENT: In accordance with the Memorandum and Order entered on this date and incorporated herein, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the current St. Louis County, Missouri Council Districts are declared in violation of the Fourteenth Amendment to the United States Constitution and Article I, Section 2 of the Constitution of Missouri. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the apportionment plan adopted by the Court in the Memorandum filed herein and more fully set out in Exhibits A and B to the Memorandum is declared to meet all federal and state constitutional requirements. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that said plan of reapportionment will govern the election of members of the St. Louis County, Missouri County Council beginning with the 2022 election and continuing thereafter until St. Louis County, Missouri Council Districts are reapportioned in accordance with applicable law. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendants in the performance of their duties and functions be governed by and comply with the court-adopted plan of apportionment. Signed by Magistrate Judge Nannette A. Baker on 2/22/2022. (JEB) (Entered: 02/22/2022)

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80 March 1, 2022

ENTRY of Appearance by Noah John Goldkamp for Intervenor Saint Louis County. (Goldkamp, Noah) (Entered: 03/01/2022)

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81 March 1, 2022

MOTION to Intervene by Intervenor Saint Louis County. (Attachments: # 1 Attachment Pleading in Support of Motion to Intervene)(Goldkamp, Noah) (Entered: 03/01/2022)

1 Attachment Pleading in Support of Motion to Intervene

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82 March 2, 2022

Docket Text ORDER: IT IS HEREBY ORDERED that if any party wishes to respond to St. Louis County's Motion to Intervene [Doc. 81], they shall do so no later than March 9, 2022. Signed by Magistrate Judge Nannette A. Baker on March 2, 2022. (JMR) (Entered: 03/02/2022)

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March 2, 2022

A Docket Text Order

83 March 9, 2022

RESPONSE to Motion re 81 MOTION to Intervene filed by Plaintiffs John Bowman, Karen Cloyd, Glenn Koenen, Susan Meredith, Tommie Pierson, Jr., Dana Sandweiss, Brian Wingbermuehle. (Greiman, Gerald) (Entered: 03/09/2022)

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84 March 15, 2022

MOTION for Attorney Fees and Costs by Plaintiffs John Bowman, Karen Cloyd, Glenn Koenen, Susan Meredith, Tommie Pierson, Jr., Dana Sandweiss, Brian Wingbermuehle. (Greiman, Gerald) (Entered: 03/15/2022)

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85 March 15, 2022

MEMORANDUM in Support of Motion re 84 MOTION for Attorney Fees and Costs filed by Plaintiffs John Bowman, Karen Cloyd, Glenn Koenen, Susan Meredith, Tommie Pierson, Jr., Dana Sandweiss, Brian Wingbermuehle. (Greiman, Gerald) (Entered: 03/15/2022)

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86 March 15, 2022

DECLARATION filed by Plaintiffs John Bowman, Karen Cloyd, Glenn Koenen, Susan Meredith, Tommie Pierson, Jr., Dana Sandweiss, Brian Wingbermuehle re 85 Memorandum in Support of Motion, 84 MOTION for Attorney Fees and Costs . (Attachments: # 1 Exhibit A - Billing Summary, # 2 Exhibit B - Dr Kimball Invoice, # 3 Exhibit C - Spreadsheet and Supporting Invoices, # 4 Exhibit D - Bill of Costs, # 5 Exhibit E - Stenger v Kellett Memorandum and Opinion)(Greiman, Gerald) (Entered: 03/15/2022)

1 Exhibit A - Billing Summary

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2 Exhibit B - Dr Kimball Invoice

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3 Exhibit C - Spreadsheet and Supporting Invoices

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4 Exhibit D - Bill of Costs

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5 Exhibit E - Stenger v Kellett Memorandum and Opinion

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87 March 15, 2022

DECLARATION filed by Consolidated Filer Plaintiffs Becky Arps, Rene Artman, Adam Bohn, Rita Heard Days, Edward Engler, Tim Fitch, Mark Harder, Lisa Kaliski, Amy Poelker, June Schmidt, Kelly Stavros, Ernie Trakas, Richard Wolfe as to Bill of Costs. (Spooner, Jack) (Entered: 03/15/2022)

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Case Details

State / Territory:

Missouri

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Nov. 30, 2021

Closing Date: Feb. 22, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Bowman Plaintiffs are private individual citizens of St. Louis County Council Districts 1-7; Arps Plaintiffs are individual citizens/registered voters of St. Louis County Council Districts 1-7, and some are members of the St. Louis County Bipartisan Reappointment Commission.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City

Florence Hill

Marsha E. Haeffner

Patricia Yaeger

Robert L. Chambers

St. Louis County Board of Election Commissioners

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Other Dockets:

Eastern District of Missouri 4:21-cv-01406

Available Documents:

Any published opinion

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Amount Defendant Pays: $221,850 (attorney's fees)

Issues

Voting:

Redistricting/district composition

Recommended Citation