Filed Date: Dec. 1, 2017
Closed Date: Dec. 11, 2018
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This is a case about Michigan's emergency manager law, Public Act 436. The Act gave the state legislature power to appoint "Emergency Managers" for municipalities in financial emergencies. Emergency Managers had powers that were previously reserved for locally elected officials, not limited to financial decisions, and were exempted from certain local laws. Under this Act, broad discretion was given to the governor to appoint individuals for these positions. The Michigan legislature enacted Public Act 436 after Michigan voters rejected a similar ballot provision.
In response, Michigan residents filed this complaint in the U.S. District Court for the Eastern District of Michigan on December 1, 2017. The plaintiffs sued a number of state officials, including the governor of Michigan, under 42 U.S.C. § 1983. Represented by the National Lawyers Guild, the Center for Constitutional Rights, and private counsel, the plaintiffs sought declaratory relief holding that Public Act 436 was in violation of the Equal Protection Clause of the Fourteenth Amendment. Plaintiffs alleged that the Act unlawfully took voting power away from local communities. They further alleged that the Act invidiously discriminated against predominantly African-American communities. The case was assigned to Judge George Caram Steeh.
On March 12, 2018, the Defendants filed a motion to dismiss. On September 5, 2018, the motion was granted in part and denied in part. The court dismissed claims by the majority of the plaintiffs on grounds of mootness and lack of standing. Plaintiffs also stipulated to the dismissal of two former state treasurers after they acknowledged that their claims against these treasurers were barred by the Eleventh Amendment. 338 F.Supp.3d 651.
Shortly after beginning discovery, the parties agreed to voluntarily dismiss the case without prejudice, meaning that the plaintiff could bring the case at a later time. The court dismissed the case on December 11, 2018, and the case is now closed.
Summary Authors
Elizabeth Heise (9/25/2018)
Hope Brinn (5/13/2020)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6905970/parties/bellant-v-snyder/
Arraf, Huwaida (Michigan)
Davis, Hugh M. Jr. (Michigan)
Goodman, William Harry (Michigan)
Heenan, Cynthia (Michigan)
Barton, Denise C. (Michigan)
See docket on RECAP: https://www.courtlistener.com/docket/6905970/bellant-v-snyder/
Last updated April 14, 2024, 3:06 a.m.
State / Territory: Michigan
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Dec. 1, 2017
Closing Date: Dec. 11, 2018
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Residents of the state of Michigan
Plaintiff Type(s):
Attorney Organizations:
Center for Constitutional Rights (CCR)
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Case Details
Causes of Action:
Declaratory Judgment Act, 28 U.S.C. § 2201
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
General/Misc.:
Discrimination Basis:
Affected Race(s):
Voting: