Case: United States v. City of Pawtucket

1:24-cv-00209 | U.S. District Court for the District of Rhode Island

Filed Date: May 23, 2024

Case Ongoing

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Case Summary

This is a case about voting rights for Spanish speakers. On May 23, 2024, the U.S. Department of Justice (DOJ) sued the city of Pawtucket and city election officials to challenge the city's alleged lack of Spanish election materials and provisional ballots. The DOJ filed suit in the U.S. District Court for the District of Rhode Island under Section 203 of the Voting Rights Act and Section 302 of the Help America Vote Act. Specifically, the DOJ argued that Pawtucket violated statutory requiremen…

This is a case about voting rights for Spanish speakers. On May 23, 2024, the U.S. Department of Justice (DOJ) sued the city of Pawtucket and city election officials to challenge the city's alleged lack of Spanish election materials and provisional ballots. The DOJ filed suit in the U.S. District Court for the District of Rhode Island under Section 203 of the Voting Rights Act and Section 302 of the Help America Vote Act. Specifically, the DOJ argued that Pawtucket violated statutory requirements to provide registration forms, notices, and other documents including ballots in Spanish; failed to properly staff ballot offices with workers with Spanish language capabilities; refused to allow eligible voters to cast a provisional ballot; and failed to instruct ballot officers on collecting provisional ballots. The DOJ requested declaratory and injunctive relief. The case was initially assigned to District Judge William E. Smith, but as a claim under § 203 of the Voting Rights Act it was subsequently assigned to a panel of three judges: Judge Smith, Circuit Judge William J. Kayatta, Jr., and District Judge Mary McElroy.

The parties quickly settled the case, and on July 30, 2024, the court approved the parties' consent decree. The consent decree provided for Spanish translation and dissemination of election-related materials, translation assistance at locations of election-related transactions, requirements for state or city level training of officials, and a variety of enhanced record keeping and reporting provisions. Pawtucket was also required to let all eligible voters cast provisional ballots. Additionally, the decree provided for hiring of a Spanish-Language Election Program Coordinator, creation of an Advisory Group on the Mayor's Community Board, and Federal Observers to monitor progress. The consent decree was set to last five years.

There have been no further developments as of December 2024.

Summary Authors

Ted Molina (1/3/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68558747/parties/united-states-v-city-of-pawtucket/


Judge(s)

Smith, William E. (Rhode Island)

Attorney for Plaintiff

Romero, Amy Retsinas (Rhode Island)

Attorney for Defendant

Noonan, Elizabeth M. (Rhode Island)

Taveras, Angel (Rhode Island)

Documents in the Clearinghouse

Documents in this case
1

1:24-cv-00209

Complaint

United States of America v. City of Pawtucket

May 23, 2024

May 23, 2024

Complaint
7

1:24-cv-00209

Memorandum and Order

July 30, 2024

July 30, 2024

Order/Opinion
8

1:24-cv-00209

Consent Order

July 30, 2024

July 30, 2024

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68558747/united-states-v-city-of-pawtucket/

Last updated April 11, 2026, 5:17 a.m.

ECF Number Date Description Link
1 May 23, 2024

COMPLAINT (No fee paid, USA, Waived by Statute, or IFP.), filed by USA. (Attachments: # 1 Civil Cover Sheet)(Romero, Amy) (Entered: 05/23/2024)

1 Civil Cover Sheet

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Clearinghouse
2 May 23, 2024

Joint MOTION to Approve Consent Judgment filed by USA. Responses due by 6/6/2024. (Attachments: # 1 Supporting Memorandum Memorandum in Support of Joint Motion, # 2 Proposed Consent Order, # 3 Certificate of Service)(Romero, Amy) (Entered: 05/23/2024)

RECAP
3 May 23, 2024

CASE OPENING NOTICE ISSUED (Simoncelli, Michael) (Entered: 05/23/2024)

RECAP
May 23, 2024

Case Assigned/Reassigned

May 23, 2024

Case assigned to District Judge William E. Smith and Magistrate Judge Lincoln D. Almond. (Simoncelli, Michael)

4 May 24, 2024

NOTICE of Appearance by Angel Taveras on behalf of All Defendants (Taveras, Angel) (Entered: 05/24/2024)

RECAP
May 24, 2024

Order

May 24, 2024

TEXT ORDER: Plaintiff has sufficiently alleged an action covered by § 203 of the Voting Rights Act, 52 U.S.C. § 10503, and pursuant to 52 U.S.C. § 10504 and 28 U.S.C. § 2284, the matter must be heard by a court of three judges. Accordingly, it is hereby requested that the Honorable David J. Barron, Chief Judge of the United States Court of Appeals for the First Circuit, designate two additional judges to participate in hearing and determining this action. The Clerk of the Court is directed to transmit a copy of this order to the Clerk of the United States Court of Appeals for the First Circuit. So Ordered by District Judge William E. Smith on 5/24/2024. (Urizandi, Nissheneyra)

5 June 4, 2024

ORDER: For the purpose of establishing a three-judge district court in the above-captioned case, I hereby designate pursuant to 28 U.S.C. section 2284, Circuit Judge William J. Kayatta, Jr., and District Judge Mary McElroy, to serve with Judge William E. Smith as members of that court. Judge Kayatta will preside. So Ordered by David J. Barron, Chief Judge of the United States Court of Appeals for the First Circuit on 6/4/2024. (Simoncelli, Michael) (Entered: 06/04/2024)

RECAP
June 5, 2024

Add and Terminate Judges

June 5, 2024

Circuit Judge William J Kayatta, Jr and District Judge Mary S. McElroy added. (Simoncelli, Michael)

6 June 12, 2024

NOTICE of Appearance by Elizabeth M. Noonan on behalf of All Defendants (Noonan, Elizabeth) (Entered: 06/12/2024)

RECAP
7 July 30, 2024

MEMORANDUM AND ORDER : The parties' Joint Motion for Entry of Consent Order, ECF No. 2, is GRANTED and the Clerk is directed to ENTER the Proposed Consent Order, ECF No. 2-2. So Ordered by Circuit Judge William J. Kayatta, Jr, District Judge William E. Smith and District Judge Mary S. McElroy on 7/30/2024. (Potter, Carrie) (Entered: 07/30/2024)

RECAP
8 July 30, 2024

CONSENT ORDER. So Ordered by Circuit Judge William J. Kayatta, Jr., District Judge William E. Smith and District Judge Mary S. McElroy on 7/30/2024. (Potter, Carrie) (Entered: 07/30/2024)

RECAP
9 Oct. 16, 2024

Notice (Other)

RECAP
10 Dec. 19, 2024

Notice (Other)

RECAP
11 March 11, 2025

Withdraw as Attorney

RECAP
12 March 11, 2025

Notice of Appearance

RECAP
March 12, 2025

Order on Motion to Withdraw as Attorney

13 Nov. 14, 2025

Notice of Appearance

RECAP
14 Nov. 14, 2025

Notice (Other)

RECAP
15 Dec. 31, 2025

Notice (Other)

RECAP

Case Details

State / Territory:

Rhode Island

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: May 23, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The U.S. Department of Justice Civil Rights Division

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City

City of Pawtucket

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Help America Vote Act (HAVA), 52 U.S.C. § 20901 et seq (previously 42 U.S.C. § 15301 et seq)

Voting Rights Act, section 203 (language minority provision), 52 U.S.C. § 10503 (previously 42 U.S.C. § 1973aa-1a)

Other Dockets:

District of Rhode Island 1:24-cv-00209

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Monitoring

Recordkeeping

Reporting

Voting Process Changes

Issues

Discrimination Basis:

Language discrimination

Affected Language(s):

Spanish

Voting:

Election administration

Recommended Citation