Case: Speet v. Schuette

1:11-cv-00972 | U.S. District Court for the Western District of Michigan

Filed Date: Sept. 13, 2011

Closed Date: Oct. 23, 2013

Clearinghouse coding complete

Case Summary

A homeless resident and a veteran with disabilities, who had both been arrested and prosecuted under a Michigan anti-begging statute, filed this lawsuit in the U.S. District Court for the Western District of Michigan, against the City of Grand Rapids and its police department on Sept. 13, 2011. The law that the plaintiffs were arrested under criminalized all begging in public places. The plaintiffs, represented by the ACLU, challenged the constitutionality of the statute, both on its face and a…

A homeless resident and a veteran with disabilities, who had both been arrested and prosecuted under a Michigan anti-begging statute, filed this lawsuit in the U.S. District Court for the Western District of Michigan, against the City of Grand Rapids and its police department on Sept. 13, 2011. The law that the plaintiffs were arrested under criminalized all begging in public places. The plaintiffs, represented by the ACLU, challenged the constitutionality of the statute, both on its face and as applied, and sought declaratory, injunctive and monetary relief. The plaintiffs alleged that the enforcement of the statute violated their rights under the First Amendment, Equal Protection Clause, and Due Process Clause. They further alleged that the defendants failed to train, supervise, and discipline their personnel and officers to act in accordance with the Constitution.

On Aug. 24, 2012, District Judge Robert J. Jonker granted partial summary judgment to the plaintiffs. Speet v. Schuette, 889 F. Supp. 2d 969 (W.D. Mich. 2012). The court found that the statute, on its face, violated the First Amendment and the Equal Protection Clause of the Fourteenth Amendment. The court held that the statute was a content-based restriction on protected speech in a public forum, and that it caused disparate treatment. The court found that the defendants failed to demonstrate that the statute was narrowly tailored to its purported purpose of preventing fraudulent or dishonest panhandling. The statute was therefore held unconstitutional.

The defendants appealed the decision, and on Aug. 14, 2013, the Sixth Circuit affirmed the district court (726 F.3d 867), holding that soliciting alms was protected under the First Amendment and that the Michigan statute was unconstitutional.

In 2013, following the appeal, the ACLU reached settlement agreements with the State of Michigan and the City of Grand Rapids regarding damages and attorney's fees. The City of Grand Rapids approved a $48,000 settlement on October 8, 2013. The terms of the settlement agreements were not otherwise made public and the case closed shortly after.

The ACLU subsequently identified approximately 80 local ordinances in Michigan similar to the state law held unconstitutional by the Sixth Circuit, and sent letters to the municipalities requesting changes to the ordinances. This effort led to an additional suit, Cuthrell v. Charter Township of Waterford, which also settled after the township revised its statute.

Summary Authors

Emma Bao (6/24/2013)

Elizabeth Greiter (3/22/2018)

Nathaniel Flack (10/12/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/13089596/parties/speet-v-schuette/


Judge(s)

Adams, John R. (Ohio)

Jonker, Robert James (Michigan)

Martin, Boyce Ficklen Jr. (Kentucky)

Sutton, Jeffrey S. (Ohio)

Attorneys(s) for Plaintiff

Aukerman, Miriam (Michigan)

Korobkin, Daniel S. (Michigan)

Moss, Kary L. (Michigan)

Steinberg, Michael J. (Michigan)

Attorneys(s) for Defendant

Bloemers, Margaret P (Michigan)

Sherman, Ann (Michigan)

Judge(s)

Adams, John R. (Ohio)

Jonker, Robert James (Michigan)

Martin, Boyce Ficklen Jr. (Kentucky)

Sutton, Jeffrey S. (Ohio)

Attorneys(s) for Plaintiff

Aukerman, Miriam (Michigan)

Korobkin, Daniel S. (Michigan)

Moss, Kary L. (Michigan)

Steinberg, Michael J. (Michigan)

Attorneys(s) for Defendant

Bloemers, Margaret P (Michigan)

Sherman, Ann (Michigan)

Documents in the Clearinghouse

Document

1:11-cv-00972

12-02213

Docket [PACER]

Oct. 23, 2013

Oct. 23, 2013

Docket

Press Release

No Court

May 16, 2011

May 16, 2011

Press Release
1

1:11-cv-00972

Complaint

Sept. 13, 2011

Sept. 13, 2011

Complaint
25

1:11-cv-00972

Opinion and Order [Granting Partial Summary Judgment in favor of Plaintiffs]

889 F.Supp.2d 969

Aug. 24, 2012

Aug. 24, 2012

Order/Opinion
26

1:11-cv-00972

Stipulation and Proposed Order re Entry of Final Judgment on First and Third Counts of Complaint under Rule 54(B) and Entry of Permanent Injunction Barring Enforcement of M.C.L. § 750.167(1)(h)

Sept. 10, 2012

Sept. 10, 2012

Pleading / Motion / Brief
27

1:11-cv-00972

Order re Entry of Final Judgment on First and Third Counts of Complaint under Rule 54(B) and Entry of Permanent Injunction Barring Enforcement of M.C.L. § 750.167(1)(h)

Sept. 13, 2012

Sept. 13, 2012

Order/Opinion
29

12-02213

Opinion [USCA 6th Circuit]

U. S. Court of Appeals for the Sixth Circuit

726 F.3d 867, 2013 WL 4081907

Aug. 14, 2013

Aug. 14, 2013

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13089596/speet-v-schuette/

Last updated July 18, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with jury demand against All Defendants filed by James Speet, Ernest Sims (Attachments: # 1 Index Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Aukerman, Miriam) (Entered: 09/13/2011)

1 Index Exhibits

View on PACER

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

4 Exhibit C

View on PACER

5 Exhibit D

View on PACER

6 Exhibit E

View on PACER

7 Exhibit F

View on PACER

Sept. 13, 2011

Sept. 13, 2011

Clearinghouse

FILING FEE PAID re 1 by plaintiffs Ernest Sims, James Speet in the amount of $350, receipt number 0646-2037935 (Aukerman, Miriam)

Sept. 13, 2011

Sept. 13, 2011

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Daniel Stewart Korobkin on behalf of plaintiffs Ernest Sims, James Speet (Korobkin, Daniel)

Sept. 13, 2011

Sept. 13, 2011

PACER
2

NOTICE that this electronically-filed case has been assigned to Judge Robert J. Jonker (elc) (Entered: 09/13/2011)

Sept. 13, 2011

Sept. 13, 2011

PACER

SUMMONS NOT ISSUED as to defendants Gregory Bauer, Kevin Belk, Grand Rapids, City of, Bill Schuette ; none provided (elc)

Sept. 13, 2011

Sept. 13, 2011

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Michael J. Steinberg on behalf of plaintiffs Ernest Sims, James Speet (Steinberg, Michael)

Sept. 13, 2011

Sept. 13, 2011

PACER
3

(DISREGARD) PROPOSED SUMMONS to be issued re 1 (Steinberg, Michael) Modified text on 9/13/2011. Phone call from attorney's office. They will correct and refile. (kw) Refiled as entry 4 . Modified text on 9/13/2011 (kw). (Entered: 09/13/2011)

Sept. 13, 2011

Sept. 13, 2011

PACER
4

PROPOSED SUMMONS to be issued re 1 (Steinberg, Michael) (Entered: 09/13/2011)

Sept. 13, 2011

Sept. 13, 2011

PACER

SUMMONS ISSUED as to defendants Gregory Bauer, Kevin Belk, Grand Rapids, City of, Bill Schuette and returned to attorney for plaintiff (kvt)

Sept. 14, 2011

Sept. 14, 2011

PACER
5

MOTION for partial summary judgment ( responses due 10/17/2011;), MOTION for permanent injunction, MOTION for preliminary injunction, MOTION for declaratory judgment by plaintiffs Ernest Sims, James Speet; (Korobkin, Daniel) (Entered: 09/15/2011)

Sept. 15, 2011

Sept. 15, 2011

PACER
6

BRIEF in support of MOTION for partial summary judgment MOTION for permanent injunction MOTION for preliminary injunction MOTION for declaratory judgment 5 filed by Ernest Sims, James Speet (Attachments: # 1 Exhibit A - Thompson v. City of Chicago)(Korobkin, Daniel) (Entered: 09/15/2011)

1 Exhibit A - Thompson v. City of Chicago

View on PACER

Sept. 15, 2011

Sept. 15, 2011

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Ann Maurine Sherman on behalf of defendant Bill Schuette (Sherman, Ann)

Sept. 16, 2011

Sept. 16, 2011

PACER
7

SUMMONS returned executed; All Plaintiffs (Aukerman, Miriam) (Entered: 09/21/2011)

Sept. 21, 2011

Sept. 21, 2011

PACER
8

CERTIFICATE OF SERVICE by plaintiffs Ernest Sims, James Speet re Brief in Support of a Motion, 6, MOTION for partial summary judgment MOTION for permanent injunction MOTION for preliminary injunction MOTION for declaratory judgment 5 (Aukerman, Miriam) (Entered: 09/22/2011)

Sept. 22, 2011

Sept. 22, 2011

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Margaret P. Bloemers on behalf of defendants Gregory Bauer, Kevin Belk, Grand Rapids, City of (Bloemers, Margaret)

Oct. 5, 2011

Oct. 5, 2011

PACER
9

ANSWER to complaint 1 with affirmative defenses by Bill Schuette(Sherman, Ann) (Entered: 10/10/2011)

Oct. 10, 2011

Oct. 10, 2011

PACER
10

ANSWER to complaint 1 with affirmative defenses and jury demand by Gregory Bauer, Kevin Belk, Grand Rapids, City of(Bloemers, Margaret) (Entered: 10/11/2011)

Oct. 11, 2011

Oct. 11, 2011

PACER
11

RESPONSE in opposition to MOTION for partial summary judgment MOTION for permanent injunction MOTION for preliminary injunction MOTION for declaratory judgment 5 and Request for Summary Judgment for Non-Movant Under Fed. R. Civ. P. 56(F) filed by Bill Schuette (Sherman, Ann) (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

PACER
12

RESPONSE in opposition to MOTION for partial summary judgment MOTION for permanent injunction MOTION for preliminary injunction MOTION for declaratory judgment 5 filed by Gregory Bauer, Kevin Belk, Grand Rapids, City of (Attachments: # 1 Exhibits 1-3, # 2 Exhibits 4-6)(Bloemers, Margaret) Modified double text on 10/18/2011 (elc). (Entered: 10/17/2011)

1 Exhibits 1-3

View on PACER

2 Exhibits 4-6

View on PACER

Oct. 17, 2011

Oct. 17, 2011

PACER
13

ORDER setting Rule 16 scheduling conference: Rule 16 scheduling conference is set for 12/7/2011 at 04:00 PM at 699 Federal Building, Grand Rapids, MI before Judge Robert J. Jonker; status report due by 12/1/2011 ; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, mil) (Entered: 10/20/2011)

Oct. 20, 2011

Oct. 20, 2011

PACER
14

REPLY to response to motion 5 for Patial Summary Judgment filed by Ernest Sims, James Speet (Aukerman, Miriam) (Entered: 10/31/2011)

Oct. 31, 2011

Oct. 31, 2011

PACER
15

JOINT STATUS REPORT submitted for filing by plaintiffs Ernest Sims, James Speet (Aukerman, Miriam) (Entered: 12/01/2011)

Dec. 1, 2011

Dec. 1, 2011

PACER
16

MINUTES of scheduling conference held before Judge Robert J. Jonker (Court Reporter: Glenda Trexler) (Judge Robert J. Jonker, mil) (Entered: 12/07/2011)

Dec. 7, 2011

Dec. 7, 2011

PACER
17

CASE MANAGEMENT ORDER AND NOTICE OF MOTION HEARING regarding document number 5 and 11 : motion hearing is set for 2/16/2012 at 3:30 PM at 699 Federal Building, Grand Rapids, MI before Judge Robert J. Jonker; (Judge Robert J. Jonker, ymc) (Entered: 12/08/2011)

Dec. 8, 2011

Dec. 8, 2011

PACER
18

MINUTES of motion hearing re 5 MOTION for partial summary judgment MOTION for permanent injunction MOTION for preliminary injunction MOTION for declaratory judgment filed by Ernest Sims, James Speet held before Judge Robert J. Jonker (Court Reporter: Glenda Trexler) (Judge Robert J. Jonker, ymc) (Entered: 02/17/2012)

Feb. 16, 2012

Feb. 16, 2012

PACER
19

(DISREGARD) ORDER re 5 ; further briefing due no later than 3/2/2012; and any response due no later than 3/9/2012; 5 will be taken under advisement ; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc) Modified text per chambers request on 2/21/2012 (ald). (Entered: 02/17/2012)

Feb. 17, 2012

Feb. 17, 2012

PACER
20

ORDER re 5 ; further briefing due no later than 3/2/2012; and any response due no later than 3/9/2012; 5 will be taken under advisement ; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc) (Entered: 02/21/2012)

Feb. 21, 2012

Feb. 21, 2012

PACER
21

TRANSCRIPT of Motion Hearing held 02/16/2012 before Judge Robert J. Jonker; NOTE: this transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the release of transcript restriction date; after that date it may be obtained through PACER; under the Policy Regarding Transcripts the parties have 14 days within which to file a Notice of Intent to redact, and 21 days within which to file a Redaction Request; if no Transcript Redaction Request is filed, the court will assume redaction of personal identifiers is not necessary and this transcript will be made available via PACER after the release of transcript restriction set for 5/24/2012 ; redaction request due 3/16/2012 (Court Reporter: Trexler, Glenda (517)819-0396) (Entered: 02/24/2012)

Feb. 24, 2012

Feb. 24, 2012

PACER
22

RESPONSE in opposition to MOTION for partial summary judgment MOTION for permanent injunction MOTION for preliminary injunction MOTION for declaratory judgment 5 filed by Gregory Bauer, Kevin Belk, Grand Rapids, City of (Bloemers, Margaret) (Entered: 03/02/2012)

March 2, 2012

March 2, 2012

PACER
23

SUPPLEMENT re Brief in Support of a Motion, 6 by defendant Bill Schuette (Sherman, Ann) (Entered: 03/02/2012)

March 2, 2012

March 2, 2012

PACER
24

REPLY to response to motion 5 for partial summary judgment, supplemental briefing filed by Ernest Sims, James Speet (Aukerman, Miriam) (Entered: 03/09/2012)

March 9, 2012

March 9, 2012

PACER
25

OPINION AND ORDER granting 5 motion for partial summary judgment ; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc) (Entered: 08/24/2012)

Aug. 24, 2012

Aug. 24, 2012

Clearinghouse
26

STIPULATION and PROPOSED ORDER re Entry of Final Judgment on First and Third Counts of Complaint under Rule 54(B) and Entry of Permanent Injunction Barring Enforcement of MCL 760.167(1)(h) by defendants Gregory Bauer, Kevin Belk, Grand Rapids, City of, Bill Schuette, plaintiffs Ernest Sims, James Speet (Attachments: # 1 Proposed Order)(Aukerman, Miriam) (Entered: 09/10/2012)

1 Proposed Order

View on PACER

Sept. 10, 2012

Sept. 10, 2012

Clearinghouse
27

ORDER granting STIPULATION 26 re Entry of Final Judgment on First and Third Counts of Complaint under Rule 54(B) and Entry of Permanent Injunction Barring Enforcement of MCL 760.167(1)(h); signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc) (Entered: 09/13/2012)

Sept. 13, 2012

Sept. 13, 2012

Clearinghouse
28

NOTICE OF APPEAL re 27 by defendant Bill Schuette (Sherman, Ann) (Entered: 09/24/2012)

Sept. 24, 2012

Sept. 24, 2012

PACER

RECEIPT: USCA appeal fee re 28 by defendant Bill Schuette in the amount of $455.00, receipt number LN001513 (pjw)

Sept. 25, 2012

Sept. 25, 2012

PACER

CASE NUMBER 12-2213 assigned by the Sixth Circuit to appeal 28 (mkc)

Oct. 2, 2012

Oct. 2, 2012

PACER
29

JUDGMENT of USCA re appeal 28 ordering that the district court's judgment is affirmed (ald) (Entered: 08/14/2013)

Aug. 14, 2013

Aug. 14, 2013

PACER
30

MANDATE of USCA re appeal 28 affirming the district court's judgment (ald) (Entered: 09/06/2013)

Sept. 5, 2013

Sept. 5, 2013

PACER
31

PROPOSED STIPULATION and ORDER Dismissing Plaintiffs' Remaining Claims by defendants Gregory Bauer, Kevin Belk, Grand Rapids, City of (Bloemers, Margaret) (Entered: 10/22/2013)

Oct. 22, 2013

Oct. 22, 2013

PACER
32

ORDER granting STIPULATION 31 dismissing Plaintiffs' remaining claims ; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc) (Entered: 10/23/2013)

Oct. 23, 2013

Oct. 23, 2013

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 13, 2011

Closing Date: Oct. 23, 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two people, a homeless resident and a veteran with disabilities, arrested and prosecuted under the state anti-begging statute.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Michigan

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Grand Rapids (Grand Rapids, Kent), City

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Freedom of speech/association

Special Case Type(s):

Non-court arbitration/mediation

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

Source of Relief:

Litigation

Amount Defendant Pays: 48,000

Order Duration: 2012 - None

Issues

General:

Failure to discipline

Failure to supervise

Failure to train

Pattern or Practice

Poverty/homelessness

Sidewalks