Justia Civil Rights Opinion Summaries

Jane Doe, a minor, alleged that the Alpena Public School District and the Alpena Board of Education created a sexually hostile educational environment by failing to adequately respond to repeated unwanted sexual contact by another student, John Roe. Doe claimed this violated the Elliott-Larsen Civil Rights Act (ELCRA). The defendants sought summary disposition, arguing that student-on-student harassment is not actionable under the ELCRA and that Doe failed to meet the elements of a hostile-environment claim.The Alpena Circuit Court granted the defendants' motion for summary disposition, agreeing that the ELCRA does not cover student-on-student harassment and that Doe did not establish a genuine issue of material fact. The Michigan Court of Appeals partially reversed, holding that the ELCRA could apply under the in loco parentis doctrine, but affirmed the summary disposition on the grounds that the defendants took appropriate remedial action.The Michigan Supreme Court reviewed the case and held that the ELCRA does not provide a vicarious-liability cause of action against educational institutions for student-on-student sexual harassment. The Court found no statutory basis for applying the in loco parentis doctrine to impose vicarious liability on schools under the ELCRA. The Court reversed the part of the Court of Appeals' judgment that relied on vicarious liability and vacated the part affirming summary disposition. The case was remanded to the Court of Appeals to determine if the trial court correctly granted summary disposition under a direct liability theory and whether such a claim exists under the ELCRA. View "Doe V Alpena Public School District" on Justia Law

The defendant was convicted by a jury in the Allegan Circuit Court of multiple counts of criminal sexual conduct. During the trial, the presiding judge exchanged emails with the county prosecutor, expressing concerns about the police investigation. The defendant later discovered these communications and moved for a new trial, alleging judicial and prosecutorial misconduct, and ineffective assistance of counsel. The case was reassigned to a different judge, who granted the motion for a new trial due to the appearance of impropriety created by the emails. The prosecution appealed this decision.The Michigan Court of Appeals reversed the trial court's decision, holding that the trial court had abused its discretion in granting a new trial. The appellate court concluded that the trial judge's ex parte communications were permissible for administrative purposes under the judicial conduct code and did not influence the jury's verdict. The defendant then sought leave to appeal to the Michigan Supreme Court.The Michigan Supreme Court reviewed the case and held that the trial judge's ex parte communications violated the Michigan Code of Judicial Conduct. The court found that these communications were not for administrative purposes and created an appearance of impropriety. However, the court concluded that the communications did not show actual bias or a high probability of bias that would violate the defendant's constitutional rights. The court also determined that the trial judge's failure to recuse herself did not result in a miscarriage of justice, as the jury was unaware of the communications and the trial prosecutor did not alter her strategy in response to them. Therefore, the court affirmed the Court of Appeals' decision, holding that the trial court had no legal basis to grant a new trial. View "People of Michigan v. Loew" on Justia Law

Damon E. Warner was charged with first- and second-degree criminal sexual conduct for allegedly assaulting his minor stepdaughter. During the investigation, Warner underwent three police interrogations, during which he initially denied the accusations but eventually signed a confession written by the police. A jury found him guilty of second-degree criminal sexual conduct but could not reach a verdict on the first-degree charge. Warner was sentenced to 10 to 30 years in prison. The first-degree charge was later dismissed without prejudice. Warner successfully appealed his conviction, and the Court of Appeals granted him a new trial.The Eaton Circuit Court allowed the prosecutor to reinstate the first-degree charge. Warner requested funds to hire an expert on false confessions and access to the victim’s medical and psychological records, but the trial court denied both motions. At the second trial, Warner was found guilty of first-degree criminal sexual conduct and sentenced to 20 to 40 years in prison. The Court of Appeals upheld the trial court's decision, stating that although the trial court misinterpreted the precedent set by People v Kowalski, it did not abuse its discretion in denying Warner's request for an expert witness.The Michigan Supreme Court reviewed the case and held that it was fundamentally unfair to deny an indigent defendant funding for an expert on false confessions when the veracity of the confession was central to the trial. The Court found that Warner had demonstrated a reasonable probability that the expert would aid his defense and that the absence of such an expert resulted in a fundamentally unfair trial. The Court of Appeals judgment was reversed, and the case was remanded for further proceedings. View "People v. Warner" on Justia Law

Two employees, Richard Miller and Brent Whitman, filed a lawsuit against the Michigan Department of Corrections (MDOC), alleging they were terminated in retaliation for their close friendship with Cedric Griffey, a deputy warden who was targeted by the MDOC after his wife, Lisa Griffey, filed a complaint and lawsuit against the MDOC for racial harassment. The plaintiffs claimed their termination was a violation of the Elliott-Larsen Civil Rights Act (ELCRA).The Genesee Circuit Court denied the MDOC's motion for summary disposition, which argued that the plaintiffs had failed to state a claim under the ELCRA because they had not personally engaged in any protected conduct. The MDOC appealed this decision, and the Court of Appeals reversed the lower court's ruling, concluding that the ELCRA did not authorize the plaintiffs' claims.The Michigan Supreme Court, however, disagreed with the Court of Appeals. The Supreme Court held that the ELCRA does provide a cause of action for associational or "third party" retaliation claims. The court found that the plaintiffs had sufficiently alleged such a claim, stating that they had a close relationship with Cedric Griffey and that the MDOC took adverse action against them in response to Griffey's protected acts. The court concluded that the plaintiffs' firings were part of the effort to retaliate against Griffey, and thus, they had stated a cause of action under the ELCRA. The Supreme Court reversed the judgment of the Court of Appeals and remanded the case back to the circuit court for further proceedings. View "Miller v. Michigan Department Of Corrections" on Justia Law

Carrie Pueblo brought an action against her former domestic partner, Rachel Haas seeking joint custody and parenting time for a child whom Haas conceived through in vitro fertilization and gave birth to in 2008, during the parties’ relationship. Haas moved for summary judgment, arguing that because the parties had never married and Pueblo had no biological or adoptive relationship to the child, Pueblo lacked standing to sue and also failed to state a claim for which relief could be granted. The trial court granted the motion and dismissed the case without prejudice. After Haas moved for reconsideration, the trial court dismissed the action with prejudice. Pueblo then filed her own motion for reconsideration, arguing that she had standing as a natural parent, despite the lack of genetic connection, following the Court of Appeals decision in LeFever v. Matthews, 336 Mich App 651 (2021), which expanded the definition of “natural parent” to include unmarried women who gave birth as surrogates but shared no genetic connection with the children. Pueblo also argued the trial court order violated her Fourteenth Amendment rights to due process and equal protection, as well as those of the child. Furthermore, Pueblo argued that any dismissal should have been without prejudice. The trial court denied reconsideration, distinguishing LeFever on the ground that Pueblo had not given birth to the child. Pueblo appealed, reasserting her previous arguments and further asserting that the equitable-parent doctrine should extend to the parties’ relationship, which had been solemnized in a civil commitment ceremony when it was not yet legal in Michigan for same-sex partners to marry. The Court of Appeals rejected these arguments and affirmed the trial court. Because Michigan unconstitutionally prohibited same-sex couples from marrying before Obergefell v. Hodges, 576 US 644 (2015), the Michigan Supreme Court narrowly extended the equitable-parent doctrine as "a step toward righting the wrongs done by that unconstitutional prohibition. A person seeking custody who demonstrates by a preponderance of the evidence that the parties would have married before the child’s conception or birth but for Michigan’s unconstitutional marriage ban is entitled to make their case for equitable parenthood to seek custody." The trial court's judgment was reversed and the case remanded for that court to apply the threshold test for standing announced here. View "Pueblo v. Haas" on Justia Law

In 2019, Susan Christie filed suit against Wayne State University, asserting age and disability discrimination under the Elliott-Larsen Civil Rights Act (the ELCRA); and the Persons with Disabilities Civil Rights Act (the PWDCRA). Christie took a medical leave of absence in February 2017 and returned to work on May 1, 2017. Plaintiff alleged that after her return to work, her supervisors questioned her about her age, asked her when she intended to retire, and had conversations with others in her presence regarding the ages of employees. Plaintiff received a negative job-performance review on September 22, 2017, allegedly the first negative review she had ever received, and defendant terminated her from her job on November 27, 2017. Defendant moved for summary judgment, arguing that MCL 600.6431(1) of the Court of Claims Act (the COCA), required plaintiff to file either a verified complaint with the Court of Claims or notice of intent to file suit with the Court of Claims within one year of the accrual of her claim; defendant maintained plaintiff’s claim was barred by governmental immunity because she failed to do either. The court denied the motion, concluding that MCL 600.6431(1) did not preclude plaintiff from filing her claim in the circuit court because the COCA notice requirements only applied to claims litigated in the Court of Claims. Defendant appealed that decision to the Court of Appeals. While the Court of Appeals ultimately concluded that it lacked jurisdiction to hear the appeal as a matter of right, it treated the appeal as though leave had been granted and affirmed the trial court’s order in an unpublished per curiam opinion. The Michigan Supreme Court reversed, finding the trial court erred by denying defendant’s motion for summary judgment. View "Christie v. Wayne State University" on Justia Law

Rouch World, LLC, and Uprooted Electrolysis, LLC, brought an action before the Michigan Court of Claims against the Department of Civil Rights and its director, seeking, among other relief, a declaratory judgment that the prohibition of sex discrimination in places of public accommodation under the Elliott-Larsen Civil Rights Act (ELCRA) did not bar discrimination based on sexual orientation or gender identity. The owners of Rouch World had denied a request to host the same-sex wedding of Natalie Johnson and Megan Oswalt at their facility, claiming that doing so would violate their religious beliefs. The owner of Uprooted Electrolysis had denied hair-removal services to Marissa Wolfe, a transgender woman, on the same basis. Johnson, Oswald, and Wolfe filed complaints with the Department of Civil Rights, which had issued an interpretive statement in 2018 indicating that the ELCRA’s prohibition against discrimination based on sex included sexual orientation and gender identity. The Department of Civil Rights opened an investigation into both of these incidents, but the investigations were stayed when plaintiffs brought this action. The Michigan Supreme Court held that the ELCRA encompasses discrimination on the basis of sexual orientation. The Court overruled the Court of Appeals decision in Barbour v. Dept. of Social Servs, 497 NW2d 216 (1993), and reversed in part the Court of Claims decision below. View "Rouch World LLC v. Department Of Civil Rights" on Justia Law

This was the second time these consolidated cases went before the Michigan Supreme Court. Previously, the Court considered whether a decades-long procedure used by the Grand Rapids Police Department (the GRPD) was a policy or a custom attributable to the city of Grand Rapids (the City). At issue here was the constitutionality of the GRPD’s policy of photographing and fingerprinting individuals stopped without probable cause, referred to as the “photograph and print” (P&P) procedure. In considering the fingerprint component of the P&P procedure, the Court held that the P&P procedure was unconstitutional: "Fingerprinting an individual without probable cause, a warrant, or an applicable warrant exception violates an individual’s Fourth Amendment rights." View "Johnson v. Vanderkooi" on Justia Law

The American Civil Liberties Union of Michigan (the ACLU) filed a complaint against the Calhoun County Jail and Calhoun County Sheriff’s Office (the CCSO), alleging CCSO violated Michigan’s Freedom of Information Act (FOIA) when it denied the ACLU’s request for documents. The ACLU sought disclosure of all records related to the December 2018 detention of United States citizen Jilmar Benigno Ramos-Gomez. Ramos-Gomez’s three-day detention at the Calhoun County Correctional Facility occurred pursuant to an Intergovernmental Service Agreement executed between United States Immigration and Customs Enforcement (ICE) and the jail. The CCSO denied the ACLU’s request, asserting that the requested records were exempt from disclosure under MCL 15.243(1)(d) because they related to an ICE detainee. The Court of Appeals affirmed dismissal, finding the records at issue were exempt public records from disclosure under the statute. The Michigan Supreme Court reversed the appellate court, finding error in that court holding a federal regulation had the legal force of a federal statute; "federal regulation is not a federal statute." The case was remanded to the circuit court for further proceedings. View "American Civil Liberties Union of Michigan v. Calhoun County" on Justia Law

Ali A. El-Khalil sue his former employer and several individuals (collectively, defendants): Oakwood Healthcare, Inc.; Oakwood Hospital–Southshore; Oakwood Hospital–Dearborn; Dr. Roderick Boyes, M.D.; and Dr. Iqbal Nasir, M.D.. Plaintiff alleged breach of contract based on an alleged breach of medical staff bylaws that were part of plaintiff’s employment agreement. Plaintiff amended the complaint, adding a claim of unlawful retaliation in violation of the Elliott-Larsen Civil Rights Act (ELCRA). Plaintiff alleged defendants unlawfully retaliated against him by failing to renew his hospital privileges because of a previous lawsuit that plaintiff brought in August 2014 in which plaintiff had alleged racial discrimination on the basis of his Arabic ethnicity in violation of the ELCRA, tortious interference with an advantageous business relationship, and defamation. Defendants moved for summary judgment, and the trial court granted it without specifically identifying which rule supported its decision. Plaintiff appealed, and the Court of Appeals affirmed in an unpublished per curiam opinion. The Court of Appeals determined that the trial court reviewed the summary disposition motion under MCR 2.116(C)(10), affirmed the decision under that subrule, and found it unnecessary to reach the issues of immunity or release under Subrule (C)(7). Plaintiff appealed again, and the Michigan Supreme Court vacated the appellate court's opinion and remanded for review under MCR 2.116(C)(7) and (C)(8). On remand, the Court of Appeals held in an unpublished per curiam opinion that summary disposition of plaintiff’s ELCRA-retaliation and breach-of-contract claims was appropriate under MCR 2.116(C)(8) and found it unnecessary to address whether summary disposition of either claim was appropriate under MCR 2.116(C)(7) based on immunity or release. Plaintiff again sought review from the Supreme Court. The Supreme Court emphasized that a motion for summary judgment under MCR 2.116(C)(8) had to be decided "on the pleadings alone and that all factual allegations must be taken as true." In this case, the Court of Appeals erroneously conducted an MCR 2.116(C)(10) analysis instead of a (C)(8) analysis because it considered evidence beyond the pleadings and required evidentiary support for plaintiff’s allegations rather than accepting them as true. The Court therefore reversed the Court of Appeals, which had affirmed under MCR 2.116(C)(8) the trial court’s order granting summary disposition of plaintiff’s Elliott-Larsen Civil Rights Act (ELCRA) and breach-of-contract claims, and remanded to that Court for consideration of those claims under MCR 2.116(C)(7). View "El-Khalil v. Oakwood Health Care, Inc." on Justia Law