FLEMING v. GUTIERREZ

No. 14-2182.

785 F.3d 442 (2015)

Teresa FLEMING, David Doyle, and Paula Papponi, Plaintiffs-Appellees, v. Eddie GUTIERREZ, in his individual capacity, and Eileen Garbangi, in her official capacity, Defendants-Appellants. and Sally Padilla, in her individual capacity, Dianna Duran, in her official capacity, and Sandoval County Board of Commissioners, Defendants.

United States Court of Appeals, Tenth Circuit.

May 5, 2015.


Attorney(s) appearing for the Case

Thomas C. Bird and Benjamin F. Feuchter , Keleher & McLeod, P.A., Albuquerque, NM, and Katherine A. Basham and Mark A. Basham , Basham & Basham, P.C., Santa Fe, NM, on the briefs for Appellants.

Paul J. Kennedy and Justine Fox-Young , Paul Kennedy & Associates, P.C., Albuquerque, NM, and Patrick J. Rogers , Patrick J. Rogers, L.L.C., Albuquerque, NM, on the brief for Appellees.

Before TYMKOVICH, GORSUCH, and HOLMES, Circuit Judges.


The 2012 elections in Sandoval County, New Mexico, were marked by long lines and crowded polling places. Several voters filed a challenge to the County's administration of the election, and the district court concluded that the County's election procedures were so dysfunctional that an immediate remedy was necessary to...

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