United States Ninth Circuit

In a case in which an unsuccessful candidate for county justice of the peace sued the state and county clerk in federal district court, alleging they had violated the Help America Vote Act of 2002 (HAVA) by failing to conduct a recount in accordance with HAVA's provisions, the district court's dismissal of declaratory relief claims, and its grant of summary judgment to the defendants on 42 U.S.C. section 1983 claims, are affirmed, where voters and candidates in local elections with respect to recounts do not have a private right of action under section 1983, since HAVA section 301 was not intended to benefit such individuals.

Appellate Information

• Decided 04/26/2012
• Published 04/26/2012

Judges

• Tallman

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Martin G. Crowley, Douglas R. Rands