Case: Saieg v. City of Dearborn

2:09-cv-12321 | U.S. District Court for the Eastern District of Michigan

Filed Date: June 16, 2009

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On June 16, 2009, Arabic Christian Perspective (ACP), a nonprofit with a self-described mission of “proclaiming the Holy Gospel of Jesus Christ to Muslims”, filed this lawsuit against the City of Dearborn and its Chief of Police under 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of Michigan. Earlier that year, the Dearborn police department instituted a leafleting restriction for the Arab International Festival that permitted leafleting at the Festival only from a statio…

On June 16, 2009, Arabic Christian Perspective (ACP), a nonprofit with a self-described mission of “proclaiming the Holy Gospel of Jesus Christ to Muslims”, filed this lawsuit against the City of Dearborn and its Chief of Police under 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of Michigan. Earlier that year, the Dearborn police department instituted a leafleting restriction for the Arab International Festival that permitted leafleting at the Festival only from a stationary booth and not while walking around the Festival. Each year prior to this ordinance, the plaintiffs had passed out pamphlets while walking around the festival to promote Christianity in an effort to convert the Muslims. The plaintiffs alleged in the complaint that this leafleting restriction violated their First Amendment rights to free speech, free association, free exercise of religion, and Fourteenth Amendment right to equal protection. The plaintiffs sought a temporary restraining order, preliminary injunction, permanent injunction enjoining the enforcement of the restriction, and nominal and compensatory damages.

On June 18, 2009 Judge Nancy Edmunds of the District Court denied the plaintiffs' request for a temporary restraining order to prevent the restriction from going into effect before the 2009 Festival. Judge Edmunds concluded that the restriction was narrowly focused, still provided the plaintiffs’ access to the Festival to carry out their mission, and supported a legitimate government interest for crowd safety. Though only an order, without legal explanation, is available on the docket, reasoning for this decision can be found in 720 F.Supp.2d 817.

On July 7, 2009, the plaintiffs filed an amended complaint including several exhibits of pictures from the Festival. On January 15, 2010, one of the plaintiffs, Arabic Christian Perspective, voluntarily dismissed itself from the case, leaving its founder and director as the sole plaintiff.

On March 15, 2010, the plaintiff moved for summary judgment and injunctive relief. The defendants also moved for summary judgment on April 9, 2010. At some point prior to the ruling on the motions, this case was transferred to District Court Judge Paul D. Borman.

On June 7, 2010, Judge Borman dismissed the case, granting the defendants’ motion for summary judgment and denying the plaintiff’s motion for summary judgment and injunctive relief. Specifically, he granted the defendants’ summary judgment motion as to the plaintiff’s First Amendment free speech claim because the leafleting restriction was a valid time, place, and manner restriction of speech, as it was content neutral and served a government interest in safety. He also granted the defendants’ summary judgment motion as to the plaintiff’s freedom of association claim because the restriction did not force or prevent the plaintiff’s from organizing during the event, and as to the plaintiff’s free exercise claim because the plaintiff did not address this claim in his summary judgment motion. Lastly, Judge Borman granted summary judgment in favor the defendants as to the plaintiff’s equal protection claim because the restriction was based on a location, not based on a specific message or idea. 720 F.Supp.2d 817.

Also on June 7, 2010, the plaintiff appealed to the Sixth Circuit. On June 17, 2010, the Court of Appeals (Judges Richard Suhrheinrich, Eugene Siler, and Eric Clay) granted the plaintiff’s motion for an injunction pending appeal., This order, pertaining only to the 2010 Festival, allowed the plaintiff to distribute leaflets from the outer sidewalks and roads, but not on the sidewalks that were directly adjacent to the Festival attractions.

On May 26, 2011, in a published opinion, Judge Karen Nelson Moore for the Sixth Circuit Court of Appeals, reversed the District Court's grant of summary judgment to the defendants on the free speech claim, thereby invalidating the leafleting restriction within both the inner and outer perimeters of the Festival. The Court of Appeals held that the restriction on the sidewalks directly adjacent to the Festival attractions did not serve a substantial government interest. The City kept those same sidewalks open for public traffic and permit sidewalk vendors, whose activity was more obstructive to sidewalk traffic flow than pedestrian leafleting. Moreover, the prohibition of pedestrian leafleting in the outer perimeter was not narrowly tailored to the goal of isolating inner areas from vehicular traffic. The City could be held liable because the Chief of Police, who instituted the leafleting restriction, created official municipal policy. 641 F.3d. 727.

The Court of Appeals affirmed the District Court's judgment for the defendants on all other claims. The case was remanded to the District Court for further proceedings consistent with the opinion. 641 F.3d. 727.

Back in the District Court, on June 14, 2010, Judge Borman entered a judgment in accordance with the Court of Appeals opinion. Judge Borman reversed his previous order, now granting the plaintiff’s motion for summary judgment as to the First Amendment free speech claim and permanently enjoining the defendants and anyone in concert with the defendants from enforcing the leafleting restriction.

A satisfaction of judgment was entered by Judge Borman on February 27, 2012 and on March 9, 2012, Judge Borman adopted the recommendations by Magistrate Judge R. Steven Whalen to award the plaintiff $1.00 in nominal damages and $103,401.96 in cost and attorney fees. The case is now closed.

Summary Authors

Joshua Arocho (6/26/2012)

Mackenzie Walz (11/29/2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5069398/parties/arabic-christian-perspective-v-dearborn-city-of/


Judge(s)

Borman, Paul D. (Michigan)

Moore, Karen Nelson (Ohio)

Whalen, R. Steven (Michigan)

Attorneys(s) for Plaintiff

Becker, William J. (Louisiana)

Mersino, Erin Elizabeth (Michigan)

Muise, Robert J. (Michigan)

Attorneys(s) for Defendant

Ellerbrake, Laurie M. (Illinois)

Zalewski, Matthew J. (Michigan)

Judge(s)

Borman, Paul D. (Michigan)

Moore, Karen Nelson (Ohio)

Whalen, R. Steven (Michigan)

Attorneys(s) for Plaintiff

Becker, William J. (Louisiana)

Mersino, Erin Elizabeth (Michigan)

Muise, Robert J. (Michigan)

Attorneys(s) for Defendant

Ellerbrake, Laurie M. (Illinois)

Zalewski, Matthew J. (Michigan)

Documents in the Clearinghouse

Document

2:09-cv-12321

Docket

Arabic Christian Perspective v. City of Dearborn

March 9, 2012

March 9, 2012

Docket
1

2:09-cv-12321

Complaint

Arabic Christian Perspective v. City of Dearborn

June 16, 2009

June 16, 2009

Complaint
13

2:09-cv-12321

First Amended Complaint

Arabic Christian Perspective v. City of Dearborn

July 7, 2009

July 7, 2009

Complaint
57

2:09-cv-12321

Opnion and Order (1) Denying Plaintiff's Motion for Summary Judgment, (2) Denying Plaintiff's Request for Injunctive Relief, and (3) Granting Defendants' Motion for Summary Judgment

June 7, 2010

June 7, 2010

Order/Opinion

10-01746

6th Circuit Opinion

U. S. Court of Appeals for the Sixth Circuit

May 26, 2011

May 26, 2011

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5069398/arabic-christian-perspective-v-dearborn-city-of/

Last updated Aug. 25, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
55

ORDER regarding upcoming hearing re 41 MOTION for Summary Judgment filed by Dearborn, City of, Ronald Haddad. Signed by District Judge Paul D Borman. (DGoo)

May 10, 2010

May 10, 2010

RECAP
1

COMPLAINT filed by Arabic Christian Perspective, George Saieg against all defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: 06450000000002029559 − Fee: $350. County of 1st Plaintiff: Orange County, California − County Where Action Arose: Wayne − County of 1st Defendant: Wayne. [Previously dismissed case: No] [Possible companion case(s): None] (Muise, Robert) (Entered: 06/16/2009)

June 16, 2009

June 16, 2009

57

OPINION and ORDER granting 41 Motion for Summary Judgment; denying 30 Motion for Summary Judgment. Signed by District Judge Paul D Borman. (DGoo)

June 7, 2010

June 7, 2010

RECAP
2

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Arabic Christian Perspective (Muise, Robert) (Entered: 06/16/2009)

June 16, 2009

June 16, 2009

3

SUMMONS Issued for *Dearborn, City of* (SSch) (Entered: 06/17/2009)

June 17, 2009

June 17, 2009

65

ORDER STAYING 64 MOTION Defendants' Motion to Review Taxation of Costs re 62 Bill of Costs, 63 Costs Taxed filed by Dearborn, City of, Ronald Haddad. Signed by District Judge Paul D Borman. (DGoo)

Sept. 20, 2010

Sept. 20, 2010

RECAP
90

REPORT AND RECOMMENDATION recommending granting 76 MOTION for Attorney Fees filed by George Saieg. Signed by Magistrate Judge R. Steven Whalen. (JCur)

Jan. 27, 2012

Jan. 27, 2012

RECAP
4

SUMMONS Issued for *Ronald Haddad* (SSch) (Entered: 06/17/2009)

June 17, 2009

June 17, 2009

5

Emergency MOTION for Temporary Restraining Order by Arabic Christian Perspective, George Saieg. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 (Declaration of George Saieg)) (Muise, Robert) (Entered: 06/17/2009)

June 17, 2009

June 17, 2009

6

NOTICE of hearing on 5 Emergency MOTION for Temporary Restraining Order. Motion Hearing set for 6/18/2009 11:00 AM before District Judge Nancy G Edmunds . (CHem) (Entered: 06/18/2009)

June 18, 2009

June 18, 2009

Minute Entry −Motion Hearing held on 6/18/2009 re 5 Emergency MOTION for Temporary Restraining Order filed by Arabic Christian Perspective, George Saieg before District Judge Nancy G Edmunds. (Court Reporter Suzanne Jacques) (CHem) (Entered: 06/18/2009)

June 18, 2009

June 18, 2009

7

ORDER denying 5 Motion for TRO. Signed by District Judge Nancy G Edmunds. (CHem) (Entered: 06/18/2009)

June 18, 2009

June 18, 2009

8

CERTIFICATE of Service/Summons Returned Executed. Dearborn, City of served on 6/18/2009, answer due 7/8/2009. (Muise, Robert) (Entered: 06/18/2009)

June 18, 2009

June 18, 2009

9

CERTIFICATE of Service/Summons Returned Executed. Ronald Haddad served on 6/18/2009, answer due 7/8/2009. (Muise, Robert) (Entered: 06/18/2009)

June 18, 2009

June 18, 2009

10

TRANSCRIPT of Motion for Preliminary Injunction held on 6/18/2009. (Court Reporter/Transcriber: Suzanne Jacques(email:federaltranscript@gmail.com)) (Number of Pages: 39) Redaction Request due 7/22/2009. Redacted Transcript Deadline set for 8/3/2009. Release of Transcript Restriction set for 9/29/2009. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Jacques, S.) (Entered: 07/01/2009)

July 1, 2009

July 1, 2009

11

Notice of Filing Transcript. (Jacques, S.) (Entered: 07/01/2009)

July 1, 2009

July 1, 2009

12

NOTICE of Appearance by Laurie M. Ellerbrake on behalf of Dearborn, City of, Ronald Haddad. (Ellerbrake, Laurie) (Entered: 07/07/2009)

July 7, 2009

July 7, 2009

13

AMENDED COMPLAINT with Jury Demand filed by Arabic Christian Perspective, George Saieg against all defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 (Photograph of western border of Festival), # 3 Exhibit 2 (Photograph of western section of Border Area), # 4 Exhibit 3 (part 1 of 2) (Photographs of commercial speech and activity), # 5 Exhibit 3 (part 2 of 2) (Photographs of commercial speech and activity), # 6 Exhibit 4 (Photographs of individuals/groups distributing materials), # 7 Exhibit 5 (Photograph of vendor blocking sidewalk), # 8 Exhibit 6 (Photograph of leftover religious materials)) (Muise, Robert) (Entered: 07/07/2009)

July 7, 2009

July 7, 2009

14

STIPULATION AND ORDER for enlargement of time to answer re 13 Amended Complaint,, Signed by District Judge Paul D Borman. (DGoo) (Entered: 07/10/2009)

July 10, 2009

July 10, 2009

15

STIPULATED PROTECTIVE ORDER Signed by District Judge Paul D Borman. (DGoo) (DGoo). (DGoo). (Entered: 07/10/2009)

July 10, 2009

July 10, 2009

16

NOTICE of Correction re 15 Protective Order. (DGoo) (Entered: 07/10/2009)

July 10, 2009

July 10, 2009

17

NOTICE of Correction re 15 Protective Order. (DGoo) (Entered: 07/10/2009)

July 10, 2009

July 10, 2009

18

NOTICE of Appearance by William J. Becker − NOT SWORN, Jr on behalf of Arabic Christian Perspective, George Saieg. (Becker − NOT SWORN, William) (Entered: 07/20/2009)

July 20, 2009

July 20, 2009

19

NOTICE of Appearance by William J. Becker − NOT SWORN, Jr on behalf of Arabic Christian Perspective, George Saieg. (Becker − NOT SWORN, William) Modified on 7/21/2009 (BSoc). [DOCUMENT IS AN AMENDED NOTICE OF APPEARANCE] (Entered: 07/20/2009)

July 20, 2009

July 20, 2009

20

ANSWER to Amended Complaint with Affirmative Defenses by Dearborn, City of, Ronald Haddad. (Ellerbrake, Laurie) (Entered: 08/12/2009)

Aug. 12, 2009

Aug. 12, 2009

21

NOTICE TO APPEAR: Scheduling Conference set for 9/23/2009 03:45 PM before District Judge Paul D Borman (DGoo) (Entered: 08/19/2009)

Aug. 19, 2009

Aug. 19, 2009

22

DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Muise, Robert) (Entered: 09/02/2009)

Sept. 2, 2009

Sept. 2, 2009

23

SCHEDULING ORDER: Discovery due by 3/12/2010 Dispositive Motion Cut−off set for 4/30/2010 Signed by District Judge Paul D Borman. (Refer to image for additional dates) (DGoo) (Entered: 09/17/2009)

Sept. 17, 2009

Sept. 17, 2009

24

STIPULATED PROTECTIVE ORDER Signed by District Judge Paul D Borman. (DGoo) (Entered: 01/15/2010)

Jan. 15, 2010

Jan. 15, 2010

25

NOTICE of Voluntary Dismissal by Arabic Christian Perspective as to Arabic Christian Perspective (Muise, Robert) (Entered: 01/15/2010)

Jan. 15, 2010

Jan. 15, 2010

26

ORDER DISMISSING PLAINTIFF ARABIC CHRISTIAN PERSPECTIVE re 25 Notice of Voluntary Dismissal filed by Arabic Christian Perspective. Signed by District Judge Paul D Borman. (DGoo) (Entered: 01/25/2010)

Jan. 25, 2010

Jan. 25, 2010

27

WITNESS LIST by Dearborn, City of, Ronald Haddad (Ellerbrake, Laurie) (Entered: 02/12/2010)

Feb. 12, 2010

Feb. 12, 2010

28

SEALED Plaintiff's Preliminary Witness List by George Saieg. (Muise, Robert) (Entered: 02/12/2010)

Feb. 12, 2010

Feb. 12, 2010

30

MOTION for Summary Judgment and Request for Injunctive Relief by George Saieg. (Attachments: # 1 Brief in Support with Certificate of Service, # 2 Index of Exhibits, # 3 Exhibit 1−−Declaration of George Saieg, # 4 Exhibit −−1(A) Religious Literature, # 5 Exhibit −−1(B) Photographs of Barriers on Sidewalks) (Muise, Robert) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

31

EXHIBIT 1(C) Photographs of Festival Barriers re 30 MOTION for Summary Judgment and Request for Injunctive Relief by George Saieg (Attachments: # 1 Exhibit −−1(D) Photographs of Business Activities) (Muise, Robert) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

32

EXHIBIT 1(E) Additional Photographs of Business Activities (part 1 of 2) re 30 MOTION for Summary Judgment and Request for Injunctive Relief by George Saieg (Muise, Robert) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

33

EXHIBIT 1(E) Additional Photographs of Business Activities (part 2 of 2) re 30 MOTION for Summary Judgment and Request for Injunctive Relief by George Saieg (Muise, Robert) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

34

EXHIBIT 1(F) Photographs of Activities at Festival re 30 MOTION for Summary Judgment and Request for Injunctive Relief by George Saieg (Attachments: # 1 Exhibit −−1(G) Photographs of Individuals Distributing Literature, # 2 Exhibit −−1(H) Additional Photographs of Individuals Distributing Literature) (Muise, Robert) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

35

EXHIBIT 1(I) Photographs of Public Sidewalks Adjacent to Festival re 30 MOTION for Summary Judgment and Request for Injunctive Relief by George Saieg (Attachments: # 1 Exhibit −−1(J) Photograph of Mobile Police Station, # 2 Exhibit −−1(K) Photographs of ACP "Booth", # 3 Exhibit −−1(L) Photograph of Leftover Religious Materials) (Muise, Robert) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

36

EXHIBIT 2 Declaration of Francia Morello re 30 MOTION for Summary Judgment and Request for Injunctive Relief by George Saieg (Attachments: # 1 Exhibit −−2(A) City Ordinance: Distribution of Handbills, # 2 Exhibit −−2(B) City Ordinance: Street Vendors, # 3 Exhibit −−2(C) City Ordinance: Special Events, # 4 Exhibit −−3 Fay Beydoun Deposition Excerpts, # 5 Exhibit −−4 City Services Memorandum, # 6 Exhibit −−5 City Council Resolution, # 7 Exhibit −−6 Department of Recreation Memorandum Regarding Festival, # 8 Exhibit −−7 Sgt Jeffrey Mrowka Deposition Excerpts, # 9 Exhibit −−8 City Police Department Personnel Summary &After Action Report) (Muise, Robert) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

37

EXHIBIT 9 Chief Ronald Haddad Deposition Excerpts re 30 MOTION for Summary Judgment and Request for Injunctive Relief by George Saieg (Attachments: # 1 Exhibit −−10 Photographs of Police Command Trailer, # 2 Exhibit −−11 Photograph of Opening Ceremony, # 3 Exhibit −−12 Poster Promoting Festival, # 4 Exhibit −−13 Festival Meeting Notes &Agenda) (Muise, Robert) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

38

EXHIBIT 14 List of Businesses that Applied for Special Permits re 30 MOTION for Summary Judgment and Request for Injunctive Relief by George Saieg (Attachments: # 1 Exhibit −−15 Special Events Application for Festival, # 2 Exhibit −−16 American Arab Chamber of Commerce Memorandum to City Regarding Festival, # 3 Exhibit −−17 Map of Festival Area, # 4 Exhibit −−18 Transcript Excerpts from TRO Hearing, # 5 Exhibit −−19 Map of "Inner Perimeter" and "Outer Perimeter" of Festival, # 6 Exhibit −−20 Photographs of Baby Strollers at Festival, # 7 Exhibit −−21 Festival "Rules &Regulations") (Muise, Robert) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

39

NOTICE of hearing on 30 MOTION for Summary Judgment and Request for Injunctive Relief . Responses due by 4/16/2010 Replies due by 4/30/2010 Motion Hearing set for 7/15/2010 02:00 PM before District Judge Paul D Borman . (DGoo) (Entered: 03/16/2010)

March 16, 2010

March 16, 2010

40

NOTICE of hearing on 30 MOTION for Summary Judgment and Request for Injunctive Relief . Motion Hearing RESCHEDULED for 5/21/2010 02:00 PM

March 22, 2010

March 22, 2010

42

SEALED EXHIBIT A− Dep transcript of Saieg re 41 MOTION for Summary Judgment by Dearborn, City of, Ronald Haddad. (Ellerbrake, Laurie) (Entered: 04/09/2010)

April 9, 2010

April 9, 2010

43

SEALED EXHIBIT R− Plaintiff's Answers to Defendants' Second Interrogatories re 41 MOTION for Summary Judgment by Dearborn, City of, Ronald Haddad. (Ellerbrake, Laurie) (Entered: 04/09/2010)

April 9, 2010

April 9, 2010

44

MOTION set hearing date for Motion for Summary Judgment before 15th Annual Arab International Festival by Dearborn, City of, Ronald Haddad. (Ellerbrake, Laurie) (Entered: 04/09/2010)

April 9, 2010

April 9, 2010

45

MOTION for Leave to File Excess Pages by Dearborn, City of, Ronald Haddad. (Ellerbrake, Laurie) (Entered: 04/09/2010)

April 9, 2010

April 9, 2010

46

NOTICE of hearing on 41 MOTION for Summary Judgment. Responses due by 4/23/2010 Replies due by 4/30/2010 Motion Hearing set for 5/21/2010 02:00 PM before District Judge Paul D Borman . (DGoo) (Entered: 04/12/2010)

April 12, 2010

April 12, 2010

47

RESPONSE to 30 MOTION for Summary Judgment and Request for Injunctive Relief filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit B − Program for "Facing the Muslim Challenge", # 3 Exhibit C − Dep transcript of Beydoun, # 4 Exhibit D − Festival flyer and program, # 5 Exhibit E − Request from Arab Chamber, # 6 Exhibit F − Map of Festival area, # 7 Exhibit G − Press &Guide article, # 8 Exhibit H − Dep transcript of Mrowka, # 9 Exhibit I − Memo regarding barricades, # 10 Exhibit J − Photos of Festival grounds, # 11 Exhibit K − Dep transcript of Haddad, # 12 Exhibit L − Memo from Peterson, # 13 Exhibit M − Council Resolution, # 14 Exhibit N − Meeting minutes, # 15 Exhibit O − Festival application, # 16 Exhibit P − Transcript of TRO hearing, # 17 Exhibit Q − Speech photos, # 18 Exhibit R − Letter to editor, # 19 Exhibit S − Sidewalk photos, # 20 Exhibit T − Crowd photos) (Zalewski, Matthew) (Entered: 04/16/2010)

April 16, 2010

April 16, 2010

48

SEALED EXHIBIT A − Dep. transcript of Saieg re 47 Response to Motion,,, by All Defendants. (Zalewski, Matthew) (Entered: 04/16/2010)

April 16, 2010

April 16, 2010

49

MOTION for Leave to File Excess Pages by All Defendants. (Zalewski, Matthew) (Entered: 04/16/2010)

April 16, 2010

April 16, 2010

50

RESPONSE to 41 MOTION for Summary Judgment filed by George Saieg. (Attachments: # 1 Index of Exhibits) (Muise, Robert) (Entered: 04/23/2010)

April 23, 2010

April 23, 2010

51

SEALED EXHIBIT 22−−Plaintiff Saieg Deposition Excerpts &Deposition Exhibit 46 re 50 Response to Motion by George Saieg. (Muise, Robert) (Entered: 04/23/2010)

April 23, 2010

April 23, 2010

52

SEALED EXHIBIT 23−−Deposition Exhibit 33: Call for Service re 50 Response to Motion by George Saieg. (Muise, Robert) (Entered: 04/23/2010)

April 23, 2010

April 23, 2010

53

REPLY to Response re 30 MOTION for Summary Judgment and Request for Injunctive Relief filed by George Saieg. (Muise, Robert) (Entered: 04/28/2010)

April 28, 2010

April 28, 2010

54

REPLY to Response re 41 MOTION for Summary Judgment filed by All Defendants. (Zalewski, Matthew) (Entered: 04/30/2010)

April 30, 2010

April 30, 2010

56

RESPONSE to 55 Order by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A − Letter from American Arab Chamber) (Zalewski, Matthew) (Entered: 05/19/2010)

May 19, 2010

May 19, 2010

Minute Entry − Motion Hearing held on 5/21/2010 re 30 MOTION for Summary Judgment and Request for Injunctive Relief filed by George Saieg, 41 MOTION for Summary Judgment filed by Dearborn, City of, Ronald Haddad before District Judge Paul D Borman. Disposition: taken under advisement(Court Reporter Mosby) (DGoo) (Entered: 05/21/2010)

May 21, 2010

May 21, 2010

58

JUDGMENT in favor of defendants against plaintiff. Judgment in the amount of $ *0*. Signed by District Judge Paul D Borman. (DGoo) (Entered: 06/07/2010)

June 7, 2010

June 7, 2010

59

NOTICE OF APPEAL by George Saieg. Receipt No: 0645−2498129 − Fee: $ 455 − Fee Status: Fee Paid. (Muise, Robert) (Entered: 06/07/2010)

June 7, 2010

June 7, 2010

60

Certificate of Service re 59 Notice of Appeal. (CGre) (Entered: 06/08/2010)

June 8, 2010

June 8, 2010

61

ORDER from U.S. Court of Appeals − Sixth Circuit re 59 Notice of Appeal filed by George Saieg − Disposition: The motion for injunction pending appeal is GRANTED as follows. The relief granted hereby pertains only to the Festival to be held June 18, 19 and 20, 2010, after which this order will be deemed to have expired. [Appeal Case Number 09−12321]. (CGre) (Entered: 06/18/2010)

June 17, 2010

June 17, 2010

62

BILL OF COSTS by Dearborn, City of, Ronald Haddad (Attachments: # 1 Index of Exhibits List of Exhibits, # 2 Exhibit A; Receipt for transcript of TRO hrg, # 3 Exhibit B; Receipt for transcripts of deps of Mrowka and Haddad, # 4 Exhibit C; Receipt for transcript of dep of Beydoun, # 5 Exhibit D; Receipt for transcript of dep of Saieg) (Ellerbrake, Laurie) (Entered: 07/02/2010)

July 2, 2010

July 2, 2010

63

COST TAXED in amount of $729.25 against plaintiff. (DPer) (Entered: 07/02/2010)

July 2, 2010

July 2, 2010

64

MOTION Defendants' Motion to Review Taxation of Costs re 62 Bill of Costs, 63 Costs Taxed by Dearborn, City of, Ronald Haddad. (Ellerbrake, Laurie) (Entered: 07/07/2010)

July 7, 2010

July 7, 2010

66

ORDER from U.S. Court of Appeals − Sixth Circuit re 59 Notice of Appeal filed by George Saieg − Disposition: It is ORDERED that the motion to expedite oral argument be and it hereby is GRANTED. [Appeal Case Number 10−1746]. (CGre) (Entered: 10/06/2010)

Oct. 6, 2010

Oct. 6, 2010

67

OPINION and Judgment from U.S. Court of Appeals − Sixth Circuit re 59 Notice of Appeal filed by George Saieg − Disposition: It is ORDERED that the judgment of the district court is REVERSED IN PART and AFFIRMED IN PART, and the case is REMANDED for further proceedings consistent with the opinion of this court. [Appeal Case Number 10−1746]. (CGre) (Entered: 05/26/2011)

May 26, 2011

May 26, 2011

68

LETTER from U.S. Court of Appeals − Sixth Circuit re 67 Appeal Opinion − Corrected Page 14. [Appeal Case Number 10−1746] (CGre) (Entered: 05/27/2011)

May 27, 2011

May 27, 2011

69

Emergency MOTION for Permanent Injunction by George Saieg. (Muise, Robert) (Entered: 06/08/2011)

June 8, 2011

June 8, 2011

70

NOTICE of hearing on 69 Emergency MOTION for Permanent Injunction. Responses due by 6/10/2011 Motion Hearing set for 6/14/2011 01:00 PM before District Judge Paul D. Borman . (DGoo) (Entered: 06/08/2011)

June 8, 2011

June 8, 2011

72

REPLY to Response re 69 Emergency MOTION for Permanent Injunction filed by George Saieg. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1−−Proposed Judgment, # 3 Exhibit 2−−City Council Resolution of May 31, 2011) (Muise, Robert) (Entered: 06/13/2011)

June 13, 2011

June 13, 2011

Minute Entry − Status Conference held on 6/14/2011, before District Judge Paul D. Borman. (Court Reporter Leann Lizza) (DGoo) (Entered: 06/14/2011)

June 14, 2011

June 14, 2011

73

JUDGMENT reversing in part the Court's order granting summary judgment and judgment is entered in plaintiff's favor on his first amendment free speech claim against all defendants. Signed by District Judge Paul D. Borman. (DGoo) (Entered: 06/14/2011)

June 14, 2011

June 14, 2011

74

MANDATE from U.S. Court of Appeals − Sixth Circuit as to 59 Notice of Appeal filed by George Saieg. [Appeal Case Number 10−1746]. (CGre) (Entered: 06/17/2011)

June 17, 2011

June 17, 2011

75

BILL OF COSTS by George Saieg (Attachments: # 1 Exhibit A−−Fees of the Clerk, # 2 Exhibit B−−Court Reporter Fees, # 3 Exhibit C−−Witness Fees) (Muise, Robert) (Entered: 06/20/2011)

June 20, 2011

June 20, 2011

76

MOTION for Attorney Fees by George Saieg. (Attachments: # 1 Index of Exhibits, # 2 Exhibit −−1 Declaration of Attorney Robert Muise, # 3 Exhibit −−A Record of Costs and Fees, # 4 Exhibit −−2 Declaration of Attorney Robert Bunting) (Muise, Robert) (Entered: 06/21/2011)

June 21, 2011

June 21, 2011

77

COSTS TAXED in the amount of $805.00 against defendants. (DPer) (Entered: 06/21/2011)

June 21, 2011

June 21, 2011

78

BILL OF COSTS [AMENDED] by George Saieg (Attachments: # 1 Exhibit −− 1 Declaration of Attorney Robert Muise, # 2 Exhibit −− A Fees of the Clerk, # 3 Exhibit −− B Court Reporter Fees, # 4 Exhibit −− C Witness Fees) (Muise, Robert) (Entered: 06/21/2011)

June 21, 2011

June 21, 2011

79

COSTS TAXED (AMENDED) in the amount of $2,322.16 against defendants. (DPer) (Entered: 06/22/2011)

June 22, 2011

June 22, 2011

80

ORDER REFERRING MOTION to Magistrate Judge R. Steven Whalen: 76 MOTION for Attorney Fees filed by George Saieg. Signed by District Judge Paul D. Borman. (DGoo) (Entered: 06/22/2011)

June 22, 2011

June 22, 2011

81

MOTION Review of Amended Taxed Bill of Cost re 79 Costs Taxed by George Saieg. (Muise, Robert) (Entered: 06/27/2011)

June 27, 2011

June 27, 2011

82

ORDER REFERRING MOTION to Magistrate Judge R. Steven Whalen: 81 MOTION Review of Amended Taxed Bill of Cost re 79 Costs Taxed filed by George Saieg. Signed by District Judge Paul D. Borman. (DGoo) (Entered: 06/30/2011)

June 30, 2011

June 30, 2011

83

STIPULATION re 76 MOTION for Attorney Fees Stipulation to Extend Time for Defendants to File Response by Dearborn, City of, Ronald Haddad (Zalewski, Matthew) Modified on 7/1/2011 (NHol). [PLEASE DISREGARD − FILED IN ERROR] (Entered: 07/01/2011)

July 1, 2011

July 1, 2011

84

STIPULATED ORDER Adjourning Response due date as to 76 MOTION for Attorney Fees: ( Response due by 8/4/2011 ). Signed by Magistrate Judge R. Steven Whalen. (MLan) (Entered: 07/01/2011)

July 1, 2011

July 1, 2011

85

NOTICE of hearing on 81 MOTION to Review Amended Taxed Bill of Cost re 79 Costs Taxed, and 76 MOTION for Attorneys' Fees. Motion Hearing set for 10/6/2011 at 10:00 AM before Magistrate Judge R. Steven Whalen . (THac) (Entered: 07/07/2011)

July 7, 2011

July 7, 2011

87

REPLY to Response re 76 MOTION for Attorney Fees filed by George Saieg. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1−−Supplemental Declaration of Attorney Muise, # 3 Exhibit A−−Supreme Court Insider Article Published by The National Law Journal) (Muise, Robert) (Entered: 08/10/2011)

Aug. 10, 2011

Aug. 10, 2011

TEXT ONLY NOTICE − as to 81 MOTION Review of Amended Taxed Bill of Cost re 79 Costs Taxed, 76 MOTION for Attorney Fees : Motion Hearing ADJJOURNED TO 10/18/2011 10:00 AM before Magistrate Judge R. Steven Whalen (MLan) (Entered: 09/08/2011)

Sept. 8, 2011

Sept. 8, 2011

88

ORDER Denying Defendants' 64 Motion to Review Taxation of Costs − Signed by District Judge Paul D. Borman. (FMos) (Entered: 09/27/2011)

Sept. 27, 2011

Sept. 27, 2011

89

AMENDED NOTICE of hearing on 81 MOTION to Review Amended Taxed Bill of Cost re 79 Costs Taxed, 76 MOTION for Attorney Fees. Motion Hearing set for 10/18/2011 at 12:00 PM before Magistrate Judge R. Steven Whalen. (THac) (Entered: 10/04/2011)

Oct. 4, 2011

Oct. 4, 2011

Minute Entry − Motion Hearing held on 10/18/2011 76 MOTION for Attorney Fees filed by George Saieg, and 81 MOTION Review of Amended Taxed Bill of Cost re 79 Costs Taxed filed by George Saieg before Magistrate Judge R. Steven Whalen. Disposition: TAKEN UNDER ADVISEMENT AND GRANTED, RESPECTIVELY. (Court Reporter Linda Cavanagh) (JCur) (Entered: 10/19/2011)

Oct. 18, 2011

Oct. 18, 2011

91

REPORT AND RECOMMENDATION recommending denying as moot 81 MOTION Review of Amended Taxed Bill of Cost re 79 Costs Taxed filed by George Saieg. Signed by Magistrate Judge R. Steven Whalen. (JCur) (Entered: 01/27/2012)

Jan. 27, 2012

Jan. 27, 2012

92

NOTICE of Appearance by Erin E. Mersino on behalf of All Plaintiffs. (Mersino, Erin) (Entered: 01/30/2012)

Jan. 30, 2012

Jan. 30, 2012

93

NOTICE of Change of Address/Contact Information by Robert J. Muise on behalf of George Saieg. (Muise, Robert) (Entered: 01/31/2012)

Jan. 31, 2012

Jan. 31, 2012

94

SATISFACTION OF JUDGMENT as to All Defendants by George Saieg (Muise, Robert) (Entered: 02/27/2012)

Feb. 27, 2012

Feb. 27, 2012

95

OPINION and ORDER denying as moot 81 Motion filed by George Saieg, adopting 90 Report and Recommendation, granting 76 Motion for Attorney Fees, filed by George Saieg Signed by District Judge Paul D. Borman. (DGoo)

March 9, 2012

March 9, 2012

RECAP

Case Details

State / Territory: Michigan

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 16, 2009

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are Arabic Christian Perspective, a religious, non-profit organization, and its founder, who distributed leaflets at the Arab International Festival in the City of Dearborn, Michigan.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Dearborn Police Chief (Dearborn), City

The City of Dearborn (Dearborn), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Free Exercise Clause

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Litigation

Amount Defendant Pays: 103,402.96

Content of Injunction:

Preliminary relief denied

Preliminary relief granted

Issues

General:

Religious programs / policies

Discrimination-basis:

Religion discrimination