League of Women Voters of Fla., Inc. v. Detzner

354 F. Supp. 3d 1280
CourtDistrict Court, N.D. Florida
DecidedJuly 24, 2018
DocketCase No. 4:18-CV-251-MW/CAS
StatusPublished
Cited by4 cases

This text of 354 F. Supp. 3d 1280 (League of Women Voters of Fla., Inc. v. Detzner) is published on Counsel Stack Legal Research, covering District Court, N.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
League of Women Voters of Fla., Inc. v. Detzner, 354 F. Supp. 3d 1280 (N.D. Fla. 2018).

Opinion

ORDER DENYING DEFENDANT'S MOTION TO DISMISS

Mark E. Walker, Chief United States District Judge *1282This Court has considered, after hearing, Defendant's motion to abstain and, in the alternative, Defendant's motion to dismiss. ECF No. 20.1 The motion is DENIED .

Plaintiffs are a group of six Florida college students and two organizations, the League of Women Voters and the Andrew Goodman Foundation, Inc. ECF No. 16, at ¶¶ 15-22. Defendant is Florida's Secretary of State and its "chief election officer." Fla. Stat. § 97.012. In Florida, county supervisors of elections may designate several different locations as early voting sites, including "any city hall, permanent public library facility, fairground, civic center, courthouse, ... or government-owned community center." Fla. Stat. § 101.657(1)(a). In a written opinion dated January 17, 2014 ("the Opinion"), Defendant interpreted this law to exclude "any ... college-or university-related facilities" as an early voting site. ECF No. 24, Ex. A, at 3.2

Plaintiffs allege that Defendant's interpretation of this statute infringes on their First, Fourteenth, and Twenty-Sixth Amendment rights. ECF No. 16, at ¶¶ 79-98. In other words, Plaintiffs are alleging violations of the U.S. Constitution. They do not ask this Court to interpret Florida law.3

I

Defendant first moves for this Court to abstain so a state court can address this dispute. Id. at 12-17; see generally *1283R.R. Comm'n of Texas v. Pullman Co. , 312 U.S. 496, 61 S.Ct. 643, 85 L.Ed. 971 (1941). A federal court may stay proceedings under Pullman abstention for "a state court resolution of underlying issues of state law." Harman v. Forssenius , 380 U.S. 528, 534, 85 S.Ct. 1177, 14 L.Ed.2d 50 (1965). A federal court can abstain under Pullman , if (1) the case presents an unsettled question of state law, and (2) the question of state law is dispositive of the case or would materially alter the constitutional question presented. Id.

Generally, "abstention is discretionary." Siegel v. LePore , 234 F.3d 1163, 1174 (11th Cir. 2000). The Supreme Court has made clear that "the power to dismiss under the Burford doctrine, as with other abstention doctrines , ... derives from the discretion historically enjoyed by courts of equity." Quackenbush v. Allstate Ins. Co. , 517 U.S. 706, 727-28, 116 S.Ct. 1712, 135 L.Ed.2d 1 (1996) (emphases added). In exercising its discretion, a federal court must consider whether "certain classes of cases, and certain federal rights" are more appropriately "adjudicated in federal court." Id. at 728, 116 S.Ct. 1712.

Abstention is improper when a party alleges that certain rights are threatened. In considering abstention, courts "must also take into consideration the nature of the controversy and the particular right sought to be enforced." Edwards v. Sammons , 437 F.2d 1240, 1243 (5th Cir. 1971).4 The Supreme Court has repeatedly held abstention is inappropriate when First Amendment rights, rights related to school desegregation, and voting rights are alleged at issue. Id. (citing Forssenius , 380 U.S. at 537, 85 S.Ct. 1177 (abstention improper when voting rights violation being alleged), Baggett v. Bullitt , 377 U.S. 360, 375-80, 84 S.Ct. 1316, 12 L.Ed.2d 377 (1964) (abstention improper when First Amendment violation being alleged), and Griffin v. County Sch. Bd. of Prince Edward Cty. , 377 U.S. 218, 229, 84 S.Ct. 1226

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Bluebook (online)
354 F. Supp. 3d 1280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/league-of-women-voters-of-fla-inc-v-detzner-flnd-2018.