PADILLA v. LEVER

No. 03-56259.

429 F.3d 910 (2005)

Sandra PADILLA; Victor Sanchez; Rosa Andrade, Plaintiffs-Appellants, v. Rosalyn LEVER, in her official capacity as Registrar of Voters, Orange County Registration and Elections Department; Suzanne Slupsky, in her official capacity as Assistant Registrar of Voters, Orange County Registration and Elections Department, Defendants-Appellees, and Vivian Martinez, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed November 23, 2005.


Attorney(s) appearing for the Case

Thomas A. Saenz, Mexican American Legal Defense and Education Fund, Los Angeles, CA, for the plaintiffs-appellants.

Wendy J. Phillips, Deputy County Counsel, Santa Ana, CA, for the defendants-appellees.

George W. Shaeffer, Jr. (argued), Heather B. Scheck (brief), Breon & Shaeffer, Irvine, CA, for the Amici Curiae.

Before: PREGERSON and CANBY, Circuit Judges, and REED, District Judge.


Opinion by Judge PREGERSON; Dissent by Judge CANBY.

PREGERSON, Circuit Judge.

Plaintiffs, residents and registered voters in the Santa Ana Unified School District ("SAUSD") whose primary language is Spanish, appeal the district court's dismissal of their lawsuit, filed pursuant to the Voting Rights Act of 1965, 42 U.S.C. § 1973aa-1a(c). Plaintiffs' suit sought declaratory and injunctive relief against the Orange County elections officials charged with...

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