Wilson v. Birnberg, et al., No. 11-20035 (5th Cir. 2012)Annotate this Case
Plaintiff brought suit against various officials arising from his name not being placed on the 2010 primary election ballot in Houston, Texas. Plaintiff's complaint was dismissed for failure to state a claim. The court held that no equitable relief was appropriate either because the relief was moot or because the court determined when examining the claims for damages that no constitutional violation occurred that would support such relief. The court also held that plaintiff lacked an interest protected by procedural due process and affirmed the district court's dismissal of that cause; plaintiff's interpretation of Anderson v. Celebrezze was not applicable; plaintiff's claims were rooted in procedural due process and his substantive due process claim failed; the dismissal of the equal protection claim was reversed and remanded where further proceedings were needed to determine whether plaintiff in fact submitted a proper application and, if he did, whether the Harris County Democratic Party Chairman purposefully discriminated or simply made an error or mistake of judgment; and the challenged election statute was constitutional.
This opinion or order relates to an opinion or order originally issued on September 16, 2011.