In Re Ryan Frazier, Petitioner v. Wayne W. Williams

Summary

Justice Gabriel dissented from the conclusion that claims under the expedited election statute cannot be joined with claims under 42 U.S.C. § 1983. The dissent would interpret the statute's references to controversies involving election officials and pre-election wrongful acts broadly enough to permit joinder, relying on the statutory text, civil-procedure rules, and the policy of avoiding duplicative litigation. It also rejected expedited appellate procedures and potential attorney-fee liability as reasons to prohibit joinder.