League of United Latin American Citizens v. Abbott
3:21-cv-00259
| W.D. Tex. | Apr 11, 2025Background
- This case concerns claims brought in the Texas redistricting litigation by two deceased Intervenor-Plaintiffs: U.S. Representatives Eddie Bernice Johnson and Sheila Jackson Lee.
- Defendants (State of Texas, Governor, and Secretary of State) moved to dismiss these claims, arguing that both plaintiffs are deceased and thus no longer proper parties.
- Plaintiffs responded, arguing for automatic substitution of a successor or for the continuation of the claims in the name of Representative Jackson Lee or her successor.
- Texas’s 18th Congressional District has no current representative, as Jackson Lee’s immediate successor, Sylvester Turner, also passed away.
- All claims at issue are for injunctive and declaratory relief, not for damages or other personal statutory relief.
- No motion to substitute a new party for Jackson Lee’s personal claims was actually filed by the plaintiffs, despite their assertion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a successor representative can be substituted for deceased Intervenor-Plaintiff in official capacity claims | Successor is automatically substituted under Rule 25(d) | No current officeholder exists; no substitution possible | Dismissal |
| Whether personal claims survive the death of an Intervenor-Plaintiff | Claims should survive under federal policy | Texas survivorship law extinguishes pure injunctive relief claims | Dismissal |
| Whether judicial economy or equitable factors justify substitution | Substitution promotes efficiency and representation | No live complainant; substitution would unfairly burden defendants | Dismissal |
| Whether legal precedents cited by plaintiffs require substitution | Substitution mandatory under cited precedent | Plaintiffs misstate the law; rules require claim survivability and proper parties | Dismissal |
Key Cases Cited
- Robertson v. Wegmann, 436 U.S. 584 (1978) (state survivorship rules apply in federal civil rights actions unless inconsistent with federal policy)
- Carlson v. Green, 446 U.S. 14 (1980) (federal interests may override state survivorship law, but such interest must be overriding and specific)
- Pluet v. Frasier, 355 F.3d 381 (5th Cir. 2004) (in civil rights actions, state law fills gaps regarding claim survivability)
- Hamilton v. Rogers, 573 F. Supp. 452 (S.D. Tex. 1983) (only claims for damages over personal injury survive the death of the plaintiff)