Case: Satawa v. Macomb County Road Commission

2:09-cv-14190 | U.S. District Court for the Eastern District of Michigan

Filed Date: Oct. 23, 2009

Closed Date: Jan. 3, 2013

Clearinghouse coding complete

Case Summary

For over 60 years, each Christmas, John Satawa and his family had displayed a nativity scene in the median strip of a county road in Warren, Michigan. In December 2008, the County Road Commission received a written complaint from the Freedom from Religion Foundation. The Road Commission acquiesced to the complaint and denied Mr. Satawa a permit for 2009, prompting the filing of this federal lawsuit. The case was filed on October 23, 2009, in the U.S. District Court for the Eastern District of…

For over 60 years, each Christmas, John Satawa and his family had displayed a nativity scene in the median strip of a county road in Warren, Michigan. In December 2008, the County Road Commission received a written complaint from the Freedom from Religion Foundation. The Road Commission acquiesced to the complaint and denied Mr. Satawa a permit for 2009, prompting the filing of this federal lawsuit. The case was filed on October 23, 2009, in the U.S. District Court for the Eastern District of Michigan, under 42 U.S.C. § 1983, against the Macomb County Road Commission. The plaintiff, represented by an attorney from the American Freedom law center and private counsel, sought declaratory, injunctive, and monetary relief. He alleged that the defendant's denial of his permit application to place a crèche on a median strip of a county road during the Christmas holiday season violated his rights under the Constitution's Free Speech clause, Establishment clause, and the Equal Protection clause.

On December 28, 2009, the District Court (Judge Gerald E. Rosen) denied Mr. Satawa's motion for a preliminary injunction. On April 19, 2011, Judge Rosen granted the Road Commission's motion for summary judgment and dismissed the lawsuit in its entirety. The plaintiff appealed the decision to the Sixth Circuit.

On August 1, 2012, the Sixth Circuit Court of Appeals (Judge Danny J. Boggs) agreed with the District Court's Establishment Clause holding against the plaintiff. However, the Court reversed the District Court's rulings on the plaintiff's Free Speech and Equal Protection claims. The Court of Appeals found that the median area constituted a traditional public forum, and therefore any restrictions on speech there would have to be narrowly tailored; the denial of the permit was NOT narrowly tailored, the Court of Appeals held, and remanded the case to the District Court for further proceedings.

The parties settled the matter on November 29, 2012, and stipulated to dismiss the lawsuit. According to his lawyers' press release, Mr. Satawa installed his nativity scene that season. The voluntary dismissal was agreed to by the district court; the case was dismissed as of January 3, 2013.

Summary Authors

Emma Bao (6/3/2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5039232/parties/satawa-v-macomb-county-road-commission/


Judge(s)

Boggs, Danny Julian (Kentucky)

Cole, Ransey Guy Jr. (Ohio)

Komives, Paul J. (Michigan)

Oliver, Solomon Jr. (Ohio)

Rosen, Gerald Ellis (Michigan)

Attorneys(s) for Plaintiff

Corbett, Keith E (Michigan)

Mersino, Erin Elizabeth (Michigan)

Muise, Robert J. (Michigan)

Thompson, Richard (Michigan)

Attorneys(s) for Defendant

Aloia, Benjamin J (Michigan)

Judge(s)

Boggs, Danny Julian (Kentucky)

Cole, Ransey Guy Jr. (Ohio)

Komives, Paul J. (Michigan)

Oliver, Solomon Jr. (Ohio)

Rosen, Gerald Ellis (Michigan)

Attorneys(s) for Plaintiff

Corbett, Keith E (Michigan)

Mersino, Erin Elizabeth (Michigan)

Muise, Robert J. (Michigan)

Thompson, Richard (Michigan)

Attorneys(s) for Defendant

Aloia, Benjamin J (Michigan)

Other Attorney(s)

Hessell, Danielle J (Michigan)

Documents in the Clearinghouse

Document

2:09-cv-14190

0:11-01612

Docket [PACER]

Jan. 3, 2012

Jan. 3, 2012

Docket
1

2:09-cv-14190

Complaint

Satawa v. Macomb County Road Commission

Oct. 23, 2009

Oct. 23, 2009

Complaint
24

2:09-cv-14190

Opinion and Order Addressing Plaintiff's Motion for Preliminary Injunction

687 F.Supp.2d 682

Dec. 28, 2009

Dec. 28, 2009

Order/Opinion
29

2:09-cv-14190

Order Vacating Show Cause Order

Feb. 3, 2010

Feb. 3, 2010

Order/Opinion
48

2:09-cv-14190

Judgment [Dismissing Case]

April 19, 2011

April 19, 2011

Order/Opinion
47

2:09-cv-14190

Opinion and Order Regarding Cross-Motions for Summary Judgment [Dismissing Case]

788 F.Supp.2d 579

April 19, 2011

April 19, 2011

Order/Opinion

2:09-cv-14190

0:11-01612

USCA Opinion [Affirming Grant of Summary Judgment and Reversing and Remanding Case]

U. S. Court of Appeals for the Sixth Circuit

689 F.3d 506

Aug. 1, 2012

Aug. 1, 2012

Order/Opinion
62

2:09-cv-14190

Stipulation of Dismissal of Claims As Against Defendant Fran Gillett

Nov. 29, 2012

Nov. 29, 2012

Settlement Agreement

2:09-cv-14190

Sixty-Year Christmas Tradition Restored: Nativity Scene to Be Displayed Following Successful AFLC Lawsuit

No Court

Nov. 29, 2012

Nov. 29, 2012

Press Release
64

2:09-cv-14190

Stipulation of Dismissal

Jan. 2, 2013

Jan. 2, 2013

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5039232/satawa-v-macomb-county-road-commission/

Last updated Aug. 2, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by John Satawa against all defendants. Plaintiff requests summons issued. Receipt No: 06450000000002204806 − Fee: $ 350. County of 1st Plaintiff: Macomb − County Where Action Arose: Macomb − County of 1st Defendant: Macomb. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 − Letter from Macomb County Road Commission to Plaintiff Satawa dated December 11, 2008, # 3 Exhibit 2 − Letter from Macomb County Road Commission to Plaintiff Satawa dated February 6, 2009, # 4 Exhibit 3 − Plaintiff Satawa's permit application to display nativity scene, # 5 Exhibit 4 − Letter from Macomb County Road Commission to Plaintiff Satawa dated March 9, 2009) (Muise, Robert) (Entered: 10/23/2009)

Oct. 23, 2009

Oct. 23, 2009

24

OPINION AND ORDER ADDRESSING PLAINTIFF'S 8 Motion for Preliminary Injunction. Signed by District Judge Gerald E Rosen. (RBri)

Dec. 28, 2009

Dec. 28, 2009

RECAP
2

SUMMONS Issued for *Macomb County Road Commission, Fran Gillett, Robert Hoepfner* (SSch) (Entered: 10/27/2009)

Oct. 27, 2009

Oct. 27, 2009

3

CERTIFICATE of Service/Summons Returned Executed. Macomb County Road Commission served on 10/28/2009, answer due 11/17/2009. (Muise, Robert) (Entered: 10/29/2009)

Oct. 29, 2009

Oct. 29, 2009

4

CERTIFICATE of Service/Summons Returned Executed. Fran Gillett served on 10/28/2009, answer due 11/17/2009. (Muise, Robert) (Entered: 10/29/2009)

Oct. 29, 2009

Oct. 29, 2009

5

CERTIFICATE of Service/Summons Returned Executed. Robert Hoepfner served on 10/28/2009, answer due 11/17/2009. (Muise, Robert) (Entered: 10/29/2009)

Oct. 29, 2009

Oct. 29, 2009

6

NOTICE of Appearance by Benjamin J. Aloia on behalf of Macomb County Road Commission, Fran Gillett, Robert Hoepfner. (Aloia, Benjamin) (Entered: 10/29/2009)

Oct. 29, 2009

Oct. 29, 2009

7

CERTIFICATE OF SERVICE by Macomb County Road Commission, Fran Gillett, Robert Hoepfner re 6 Notice of Appearance (Aloia, Benjamin) (Entered: 10/29/2009)

Oct. 29, 2009

Oct. 29, 2009

8

MOTION for Temporary Restraining Order / Preliminary Injunction by John Satawa. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 − Declaration of John Satawa, # 3 Exhibit A − Letters from Plaintiff to Warren Police Department, # 4 Exhibit B − Photograph of nativity scene, # 5 Exhibit C − Letter from Macomb County Road Commission ordering removal of nativity scene, # 6 Exhibit D − Letter from Macomb County Road Commission regarding permit application, # 7 Exhibit E (part 1 of 2) − Photographs of median, # 8 Exhibit E (part 2 of 2) − Photographs of median, # 9 Exhibit F − Photographs of median−−gazebo, # 10 Exhibit G − Photographs of median−−memorial trees and plaques, # 11 Exhibit H − Photograph of median sign, # 12 Exhibit I − Plaintiff's permit application, # 13 Exhibit J − Macomb County Road Commission's formal denial of Plaintiff's permit application) (Muise, Robert) (Entered: 10/30/2009)

Oct. 30, 2009

Oct. 30, 2009

10

AFFIRMATIVE DEFENSES by Macomb County Road Commission, Fran Gillett, Robert Hoepfner (Aloia, Benjamin) (Entered: 11/17/2009)

Nov. 17, 2009

Nov. 17, 2009

11

CERTIFICATE OF SERVICE by Macomb County Road Commission, Fran Gillett, Robert Hoepfner re 10 Affirmative Defenses, 9 Answer to Complaint (Aloia, Benjamin) (Entered: 11/17/2009)

Nov. 17, 2009

Nov. 17, 2009

12

NOTICE TO APPEAR: Scheduling Conference set for 12/3/2009 09:30 AM before District Judge Gerald E Rosen (RBri) (Entered: 11/18/2009)

Nov. 18, 2009

Nov. 18, 2009

13

RESPONSE to 8 MOTION for Temporary Restraining Order / Preliminary Injunction filed by Macomb County Road Commission, Fran Gillett, Robert Hoepfner. (Aloia, Benjamin) (Entered: 11/20/2009)

Nov. 20, 2009

Nov. 20, 2009

14

NOTICE of hearing. Motion Hearing set for 12/9/2009 03:30 PM before District Judge Gerald E Rosen . (RBri) (Entered: 11/25/2009)

Nov. 25, 2009

Nov. 25, 2009

15

REPLY to Response re 8 MOTION for Temporary Restraining Order / Preliminary Injunction filed by John Satawa. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 2 − Zamora Declaration with letter from Warren Village Historic District Commission attached as Exhbit A) (Muise, Robert) (Entered: 11/25/2009)

Nov. 25, 2009

Nov. 25, 2009

16

NOTICE of Appearance by Richard Thompson on behalf of John Satawa. (Thompson, Richard) (Entered: 11/25/2009)

Nov. 25, 2009

Nov. 25, 2009

17

NOTICE of Appearance by Keith E. Corbett on behalf of John Satawa. (Corbett, Keith) (Entered: 11/25/2009)

Nov. 25, 2009

Nov. 25, 2009

18

SUR−REPLY re 8 MOTION for Temporary Restraining Order / Preliminary Injunction filed by Macomb County Road Commission, Fran Gillett, Robert Hoepfner. (Aloia, Benjamin) (Entered: 12/07/2009)

Dec. 7, 2009

Dec. 7, 2009

19

NOTICE of Appearance by Danielle J. Hessell on behalf of Freedom From Religion Foundation, Inc.. (Hessell, Danielle) (Entered: 12/09/2009)

Dec. 9, 2009

Dec. 9, 2009

20

MOTION for Leave to File a Brief as Amicus Curiae by Freedom From Religion Foundation, Inc.. (Hessell, Danielle) (Entered: 12/09/2009)

Dec. 9, 2009

Dec. 9, 2009

Minute Entry − Motion Hearing held on 12/10/2009 re 8 MOTION for Temporary Restraining Order / Preliminary Injunction filed by John Satawa before District Judge Gerald E Rosen. Disposition: Taken Under Advisement(Court Reporter Carol Sapala) (RBri) (Entered: 12/10/2009)

Dec. 10, 2009

Dec. 10, 2009

21

ORDER granting 20 Motion for Leave to File Amicus Brief. Signed by District Judge Gerald E Rosen. (RBri) (Entered: 12/11/2009)

Dec. 11, 2009

Dec. 11, 2009

22

STIPULATION by John Satawa (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C) (Corbett, Keith) (Entered: 12/17/2009)

Dec. 17, 2009

Dec. 17, 2009

23

STIPULATION by John Satawa (Corbett, Keith) (Entered: 12/21/2009)

Dec. 21, 2009

Dec. 21, 2009

25

RESPONSE to the Court's Show Cause Order filed by John Satawa. (Muise, Robert) (Entered: 01/11/2010)

Jan. 11, 2010

Jan. 11, 2010

26

REPLY to the Court's Show Cause Order by Macomb County Road Commission, Fran Gillett, Robert Hoepfner. (Aloia, Benjamin) (Entered: 01/19/2010)

Jan. 19, 2010

Jan. 19, 2010

27

SUPPLEMENTAL BRIEF re 25 Response to Petition/Request/Application Sur−Reply to the Court's Show Cause Order filed by John Satawa. (Muise, Robert) (Entered: 01/22/2010)

Jan. 22, 2010

Jan. 22, 2010

28

SUPPLEMENTAL BRIEF re 26 Reply (Free) to the Court's Show Cause Order filed by Macomb County Road Commission, Fran Gillett, Robert Hoepfner. (Aloia, Benjamin) (Entered: 01/25/2010)

Jan. 25, 2010

Jan. 25, 2010

30

SCHEDULING ORDER: Discovery due by 5/29/2010, Dispositive Motion Cut−off set for 6/30/2010, Final Pretrial Conference set for 9/30/2010 01:00 PM before District Judge Gerald E Rosen, Trailing Trial Docket set for 10/5/2010. Signed by District Judge Gerald E Rosen. (Attachments: # 1 Document Continuation) (Refer to image for additional dates) (RBri) (Entered: 02/03/2010)

Feb. 3, 2010

Feb. 3, 2010

31

Defendants' Preliminary Trial WITNESS LIST by Fran Gillett, Robert Hoepfner, Macomb County Road Commission (Aloia, Benjamin) (Entered: 05/14/2010)

May 14, 2010

May 14, 2010

32

CERTIFICATE OF SERVICE by John Satawa Plaintiff's Preliminary Trial Witness List (Muise, Robert) (Entered: 05/14/2010)

May 14, 2010

May 14, 2010

33

Joint MOTION TO EXTEND Dispositive Motion Cut−Off Date by All Defendants. (Aloia, Benjamin) (Entered: 05/25/2010)

May 25, 2010

May 25, 2010

34

STIPULATION AND ORDER TO EXTEND DISCOVERY CUT−OFF FOR EXPERT DEPOSITIONS AND EXTEND DEFENDANTS' DISCLOSURE OF WRITTEN EXPERT REPORT TO PLAINTIFF. Signed by District Judge Gerald E Rosen. (RGun) (Entered: 05/27/2010)

May 27, 2010

May 27, 2010

35

ORDER granting 33 Stipulated Motion for Extension of Dispositive Motion Cut−Off Date. Signed by District Judge Gerald E Rosen. (RGun) (Entered: 06/03/2010)

June 3, 2010

June 3, 2010

Set/Reset Scheduling Order Deadlines: Dispositive Motion Cut−off set for 7/30/2010 (RGun) (Entered: 06/03/2010)

June 3, 2010

June 3, 2010

36

CERTIFICATE OF SERVICE by All Plaintiffs of Plaintiff's Preliminary Trial Witness List (Muise, Robert) (Entered: 06/11/2010)

June 11, 2010

June 11, 2010

37

MOTION for Summary Judgment by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1−−Deposition of Gillett (excerpts), # 3 Exhibit 2−−Deposition of Hoepfner (excerpts), # 4 Exhibit 3−−Permit Application Form, # 5 Exhibit 4−−Road Commission Policy, # 6 Exhibit 5−−Rule 30(b)(6) Deposition Notice, # 7 Exhibit 6−−Deposition of Satawa (excerpts), # 8 Exhibit 7−−Photographs of Nativity Scene, # 9 Exhibit 8−−St. Anne's Parish Record, # 10 Exhibit 9−−Formal Denial Letter, # 11 Exhibit 10−−"Freedom From Religion" Complaint) (Muise, Robert) (Entered: 07/29/2010)

July 29, 2010

July 29, 2010

38

EXHIBIT 11−−Road Commission Letter of 12/11/08 re 37 MOTION for Summary Judgment by All Plaintiffs (Attachments: # 1 Exhibit 12−−Deposition of Van Steelandt (excerpts), # 2 Exhibit 13−−Satawa Permit Application (Incomplete), # 3 Exhibit 14−−Road Commission Letter of 2/6/09, # 4 Exhibit 15−−Satawa's 2009 Permit Application, # 5 Exhibit 16−−Supplemental Declaration of Satawa with Deposition Exhibit 34, # 6 Exhibit 17−−Letters from Community/Public, # 7 Exhibit 18−−Declaration of Zamora with Exhibit A (Letter from Historic Commission)) (Muise, Robert) (Entered: 07/29/2010)

July 29, 2010

July 29, 2010

39

EXHIBIT 19−−Photographs of Items on Mound Road Median re 37 MOTION for Summary Judgment by All Plaintiffs (Attachments: # 1 Exhibit 20−−Documents Related to Sign and Gazebo, # 2 Exhibit 21−−Deposition of Taylor (excerpts) with Taylor Exhibit 5, # 3 Exhibit 22−−MCL sec. 257.20 "Highway of Street", # 4 Exhibit 23−−E−mail Regarding Recording of Board Meeting of 3/6/09, # 5 Exhibit 24−−Transcript of Recording of Board Meeting of 3/6/09, # 6 Exhibit 25−−Certification of Transcript of Recording of Board Meeting of 3/6/09) (Muise, Robert) (Entered: 07/29/2010)

July 29, 2010

July 29, 2010

40

EXHIBIT 26−−Diagram of Intersection (Taylor Deposition Exhibit 4) re 37 MOTION for Summary Judgment by All Plaintiffs (Attachments: # 1 Exhibit 27−−Deposition of Wiechel with Deposition Exhibit 1 (Resume), Deposition Exhibit 2 (Prior Expert Testimony), and Deposition Exhibit 4 (Expert Report)) (Muise, Robert) (Entered: 07/29/2010)

July 29, 2010

July 29, 2010

41

MOTION for Summary Judgment by All Defendants. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit A − Affidavit of Robert P. Hoepfner, P.E., # 3 Exhibit B − R. Hoepfner, P.E., Dep. Trans. (Excerpts), # 4 Exhibit C − Dr. William Taylor, Ph.D. Expert Report, # 5 Exhibit D − Dr. Talyor Expert Illustration, # 6 Exhibit E − Wiechel Report, # 7 Exhibit F − John Satawa Dep. Trans. (Excerpts), # 8 Exhibit G − MDOT Road Design Manual, # 9 Exhibit H − RCMC denial letter, # 10 Exhibit I − Dr. William Taylor, Ph.D. Dep. Trans. (Excerpts)) (Aloia, Benjamin) (Entered: 07/30/2010)

July 30, 2010

July 30, 2010

42

RESPONSE to 41 MOTION for Summary Judgment filed by John Satawa. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 28−−Johnson v Poway Unified School District) (Muise, Robert) (Entered: 08/19/2010)

Aug. 19, 2010

Aug. 19, 2010

43

RESPONSE to 37 MOTION for Summary Judgment filed by Fran Gillett, Robert Hoepfner, Macomb County Road Commission. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A − Affidavit of R. Hoepfner, # 3 Exhibit B − Citizen Complaint, # 4 Exhibit C − Permit Application, # 5 Exhibit D − Excerpts from J. Satawa Deposition, # 6 Exhibit E − December 11, 2008 Hoepfner Ltr., # 7 Exhibit F − Denial Ltr., # 8 Exhibit G − RCMC Policy # 802, # 9 Exhibit H − Excerpts from R. Hoepfner Deposition, # 10 Exhibit I − MI Road Deign Manual, # 11 Exhibit J − Taylor Expert Report and Resume, # 12 Exhibit K − Taylor Diagram, # 13 Exhibit L − Excerpts from W. Taylor Deposition, # 14 Exhibit M − SEA Report) (Aloia, Benjamin) (Entered: 08/19/2010)

Aug. 19, 2010

Aug. 19, 2010

44

REPLY to Response re 41 MOTION for Summary Judgment filed by Fran Gillett, Robert Hoepfner, Macomb County Road Commission. (Attachments: # 1 Index of Exhibits, # 2 Exhibit L − Excerpts from Robert Hoepfner's Deposition, # 3 Exhibit M − Excerpts from Fran Gillett's Deposition, # 4 Exhibit N − Excerpts from John F. Wiechel, Ph.D., P.E. Deposition) (Aloia, Benjamin) (Entered: 08/26/2010)

Aug. 26, 2010

Aug. 26, 2010

45

REPLY to Response re 37 MOTION for Summary Judgment filed by John Satawa. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 29−−Deposition of Fran Gillett (excerpts)) (Muise, Robert) (Entered: 09/01/2010)

Sept. 1, 2010

Sept. 1, 2010

46

NOTICE OF CANCELLING FINAL PRETRIAL CONFERENCE AND TRIAL. (RGun) (Entered: 09/26/2010)

Sept. 26, 2010

Sept. 26, 2010

48

JUDGMENT in favor of Defendants against Plaintiff Signed by District Judge Gerald E. Rosen. (RGun) (Entered: 04/19/2011)

April 19, 2011

April 19, 2011

49

NOTICE OF APPEAL by John Satawa. Receipt No: 0645−2969867 − Fee: $ 455 − Fee Status: Fee Paid. (Muise, Robert) (Entered: 05/09/2011)

May 9, 2011

May 9, 2011

50

Certificate of Service re 49 Notice of Appeal. (DSmi) (Entered: 05/09/2011)

May 9, 2011

May 9, 2011

51

BILL OF COSTS by All Defendants (Attachments: # 1 Index of Exhibits, # 2 Exhibit A − Service Fee Documentation, # 3 Exhibit B − Court Reporter Fee Documentation, # 4 Exhibit C − William C. Taylor Expert Wintess Fee Documentation, # 5 Exhibit D − John F. Wiechel Expert Witness Fee Documentation) (Aloia, Benjamin) (Entered: 05/13/2011)

May 13, 2011

May 13, 2011

52

CERTIFICATE OF SERVICE re 51 Bill of Costs, by All Defendants (Aloia, Benjamin) (Entered: 05/13/2011)

May 13, 2011

May 13, 2011

53

COSTS TAXED in the amount of $1,852.54 against plaintiff. (DPer) (Entered: 05/16/2011)

May 16, 2011

May 16, 2011

54

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

Jan. 31, 2012

Jan. 31, 2012

55

ORDER from U.S. Court of Appeals − Sixth Circuit re 49 Notice of Appeal filed by John Satawa − Disposition: granting motion to file amicus brief [Appeal Case Number 11−1612] (KKra) (Entered: 02/16/2012)

Feb. 16, 2012

Feb. 16, 2012

57

MANDATE from U.S. Court of Appeals − Sixth Circuit as to 49 Notice of Appeal filed by John Satawa [Appeal Case Number 11−1612] (KKra) (Entered: 08/24/2012)

Aug. 23, 2012

Aug. 23, 2012

58

Emergency MOTION For Entry of Judgment and Injunction by John Satawa. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1−−Declaration of Robert J. Muise) (Muise, Robert) (Entered: 10/18/2012)

Oct. 18, 2012

Oct. 18, 2012

59

RESPONSE to 58 Emergency MOTION For Entry of Judgment and Injunction filed by All Defendants. (Aloia, Benjamin) (Entered: 11/01/2012)

Nov. 1, 2012

Nov. 1, 2012

60

STIPULATION AND ORDER to Stay Proceedings pending Settlement Discussions Signed by District Judge Gerald E. Rosen. (SJa) (SJa). (Entered: 11/14/2012)

Nov. 14, 2012

Nov. 14, 2012

61

ORDER WITH STIPULATED MOTION to Extend Stay of Proceedings Pending Settlement Discussions Signed by District Judge Gerald E. Rosen. (JOwe) (Entered: 11/27/2012)

Nov. 27, 2012

Nov. 27, 2012

62

STIPULATION of Dismissal of Claims Against Defendant Fran Gillett in her individual capacity by Fran Gillett, Robert Hoepfner, Macomb County Road Commission, John Satawa (Muise, Robert) (Entered: 11/29/2012)

Nov. 29, 2012

Nov. 29, 2012

Case Settled − Settlement Papers within 30 days (JOwe) (Entered: 11/29/2012)

Nov. 29, 2012

Nov. 29, 2012

63

ORDER Granting 62 Stipulation of Dismissal of Claims Against Fran Gillett in Her Individual Capacity Signed by District Judge Gerald E. Rosen. (JOwe) (Entered: 12/03/2012)

Dec. 3, 2012

Dec. 3, 2012

64

NOTICE of Voluntary Dismissal by John Satawa (Muise, Robert) Modified on 1/2/2013 (KKra). [DOCUMENT IS A STIPULATION OF DISMISSAL] (Entered: 01/02/2013)

Jan. 2, 2013

Jan. 2, 2013

65

ORDER DISMISSING CASE re 64 Stipulation of Dismissal Signed by District Judge Gerald E. Rosen. (JOwe) (Entered: 01/03/2013)

Jan. 3, 2013

Jan. 3, 2013

47

OPINION AND ORDER REGARDING CROSS-MOTIONS FOR SUMMARY JUDGMENT. Defendants' Motion for Summary Judgment 41 Granted and Plaintiff's Motion for Summary Judgment 37 Denied. Signed by District Judge Gerald E. Rosen. (RGun)

April 19, 2011

April 19, 2011

RECAP

Case Details

State / Territory: Michigan

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: Oct. 23, 2009

Closing Date: Jan. 3, 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Christian denied a permit to place a crèche on a median strip of a county road during the Christmas holiday season.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Macomb County (Macomb), County

Defendant Type(s):

Sanitation/Public Works

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Establishment Clause

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief denied

Issues

General:

Disparate Treatment

Discrimination-basis:

Religion discrimination

Type of Facility:

Government-run