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Braxton sues Stokes in Federal court over Newbern mayor position

A Federal Civil Rights lawsuit has turned national attention on the small Hale County town of Newbern. Patrick Braxton, who claims to have been elected as the town’s first Black mayor, filed the suit. The lawsuit, originally filed in Dallas County Circuit Court in 2022, rather than Hale County where Newbern is located, alleges that Braxton has been prevented from taking office by the town’s white leaders. The case has since been moved from state to federal court.

The plaintiffs in the case include Braxton and four others: James Ballard, Barbara Patrick, Janice Quarles, and Wanda Scott. These individuals were intended to be appointed to the city council by Braxton following his election.

The defendants named in the lawsuit are Haywood “Woody” Stokes III, the acting mayor of Newbern, and acting town council members Gary Broussard, Jesse Donald Leverett, Voncille Brown Thomas, and Willie Richard Tucker. Other defendants named in Braxton’s suit include People’s Bank of Greensboro and Lynn Theibe, the town’s postmaster.

The lawsuit alleges that despite Braxton being the only person who qualified for the position of mayor in the 2020 election, Stokes and the acting town council members held a special election where Stokes was re-appointed. This action, according to the lawsuit, effectively barred Braxton from carrying out his mayoral duties.

The lawsuit further claims that Newbern had not held an election for decades, with the office of mayor being ‘inherited’ by a hand-picked successor who then chose town council members. Despite the town’s population being approximately 85% Black, all prior mayors have been white, and only one Black person has ever served on the town council, the suit alleges.

Braxton, a volunteer firefighter and emergency responder, says he decided to run for mayor in 2020 due to concerns that the town council and mayor were not responding to the needs of the majority Black community, particularly amid the COVID-19 pandemic.

Braxton filed qualifying papers, and was reportedly the only candidate for mayor to do so for that election cycle.

The lawsuit alleges that Stokes and his council members held a “secret” meeting to adopt a special election ordinance and set a special election, effectively reappointing themselves to their positions and unlawfully assuming new terms.

Braxton has requested that the defendants be enjoined from interfering with his duties as mayor, that he be granted immediate access to the town’s bank accounts, documents, and property, and that the defendants be enjoined from conducting business on behalf of the town.

The case continues to unfold, with a pretrial conference set for December 5, 2024, and jury selection scheduled for January 7, 2025, according to court records.