Arizona Eagletarian

Arizona Eagletarian

Tuesday, October 16, 2012

Redistricting -- IRC Congressional map challenge dismissed

This morning, Maricopa County Superior Court Judge Mark Brain dismissed several counts in a lawsuit challenging the Congressional district map adopted by the Arizona Independent Redistricting Commission.

The Associated Press reported that the suit had been dismissed. Judge Brain's minute entry specifically rules out some claims on the basis that they "fail[s] to state a claim upon which relief can be granted." Additionally:
Rule 8(a) requires a complaint to contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” The first amended complaint is 135 pages long, including exhibits. The allegations themselves span including 43 pages (and 194 paragraphs). And, worse yet, much of the purported background (and several of the exhibits) have essentially nothing to do with the actual legal theories contained in Counts 1-6.
Therefore, the entire first amended complaint is dismissed, but Brain ordered plaintiffs to refile no later than November 9 for the surviving counts to be considered. Of course, that doesn't prevent plaintiffs from asserting, in filing a potential second amended complaint, claims similar (but reworded or reframed) to what the judge had specifically rulled out.

1 comment:

  1. Steve you are on top of this story.

    The sad part is that the legislature this time will have to pay the attorney costs for both sides, since they are suing. During the last cycle the parties sued and paid costs.
    So will be see more than $10 million wasted on this which was the cost for the last Commission. What a waste of taxpayer money

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