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United States v. City of Eastpointe

United States District Court, E.D. Michigan, Southern Division

June 26, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
CITY OF EASTPOINTE; EASTPOINTE CITY COUNCIL; SUZANNE PIXLEY, in her official capacity as Mayor of Eastpointe; CARDI DEMONACO JR., MICHAEL KLINEFELT, SARAH LUCIDO, and MONIQUE OWENS, in their official capacities as members of the Eastpointe City Council; and JOSEPH SOBOTA, in his official capacity as Eastpointe City Clerk, Defendants.

          MATTHEW SCHNEIDER United States Attorney.

          ERIC S. DREIBAND Assistant Attorney General.

          JOHN M. GORE Principal Deputy Assistant Attorney.

          LUTTRELL D. LEVINGSTON Assistant United States Attorney.

          T. CHRISTIAN HERREN, JR. TIMOTHY F. MELLETT, DANIEL J. FREEMAN JASMYN G. RICHARDSON GORGE EPPSTEINER Attorneys, Voting Section.

          CONSENT JUDGMENT AND DECREE

          HON. TERRENCE G. BERG, UNITED STATES DISTRICT JUDGE.

         The Attorney General filed this action to enforce Section 2 of the Voting Rights Act, 52 U.S.C. § 10301. The complaint alleges that the current at-large, multiple-vote method of electing the Eastpointe City Council results in black citizens of the City of Eastpointe having less opportunity than white citizens to participate in the political process and to elect candidates of their choice to the City Council, in violation of Section 2. The United States makes no claim that the City's at-large, multiple vote method of election is intentionally discriminatory. The parties have entered into this Consent Decree to avoid the risks, expense, and burdens of litigation and to resolve voluntarily the claims in the United States' Complaint.

         The parties stipulate as follows:

1. This Court has original jurisdiction of this action under 28 U.S.C. §§ 1331, 1345, and 2201(a) and 52 U.S.C. § 10308(f).
2. Defendant City of Eastpointe is a political and geographical subdivision of the State of Michigan.
3. Defendant Eastpointe City Council is the legislative and governing body of the City of Eastpointe. Eastpointe Charter ch. III, §§ 1-2.
4. Defendant Suzanne Pixley is the mayor of the City of Eastpointe, the presiding officer and executive head of the City. Eastpointe Charter ch. III, § 7. As mayor, she also serves on the Eastpointe City Council. Id. §§ 1-2. She is named in her official capacity.
5. Defendants Cardi DeMonaco Jr., Michael Klinefelt, Sarah Lucido, and Monique Owens are elected members of the Eastpointe City Council. Eastpointe Charter ch. III, § 2. They are named in their official capacities.
6. Defendant Joseph Sobota is the Eastpointe City Clerk, the city official responsible for the administration of elections. Eastpointe Charter ch. III, ยง 23; Mich. Comp. Laws ...

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