Case: Lowden v. Clare County

1:09-cv-11209 | U.S. District Court for the Eastern District of Michigan

Filed Date: April 1, 2009

Closed Date: Nov. 18, 2011

Clearinghouse coding complete

Case Summary

On April 1, 2009, two residents of Clare County, Michigan brought a lawsuit against Clare County and two sheriff's deputies in the United States District Court for the Eastern District of Michigan. The plaintiffs alleged that Michigan Compiled Laws § 750.167d (the “Michigan funeral protest statute”) violated the plaintiffs’ constitutional rights pursuant to 42 U.S.C. § 1983, based on the investigatory stop and subsequent arrest of the plaintiffs during a funeral procession on September 26, 2009…

On April 1, 2009, two residents of Clare County, Michigan brought a lawsuit against Clare County and two sheriff's deputies in the United States District Court for the Eastern District of Michigan. The plaintiffs alleged that Michigan Compiled Laws § 750.167d (the “Michigan funeral protest statute”) violated the plaintiffs’ constitutional rights pursuant to 42 U.S.C. § 1983, based on the investigatory stop and subsequent arrest of the plaintiffs during a funeral procession on September 26, 2009. The plaintiffs’ counsel included the ACLU of Michigan. 

The Michigan funeral protest statute provides: “(1) A person shall not do any of the following within 500 feet of a building or other location where a funeral, memorial service, or viewing of a deceased person is being conducted or within 500 feet of a funeral procession or burial ... (c) Engage in any other conduct that the person knows or should reasonably know will disturb, disrupt, or adversely affect the funeral, memorial service, viewing of the deceased person, funeral procession, or burial. (2) A person who violates subsection (1) is a disorderly person and is guilty of a felony punishable as provided under section 168. Mich. Comp. Laws § 750.167d. A violation of the statute is punishable by up to two years imprisonment. Mich. Comp. Laws § 750.168.”

The plaintiffs’ claims were based on challenging the “adversely affect” language of the statute, its application to an area within 500 feet of a funeral or related event, and its general application to a funeral or related events. The plaintiffs alleged four counts pursuant to 42 U.S.C. § 1983, including: (1) violation of the plaintiffs’ First Amendment rights based on the statute’s overbreadth; (2) violation of the plaintiff's right to due process under the Fourteenth Amendment because of the vagueness of the statutory provision; (3) violation of the plaintiff's Fourth Amendment right to be free from unreasonable searches and seizures; and (4) Clare County’s municipal liability for its violations of the First, Fourth, and Fourteenth Amendments.

The plaintiffs also sought a declaration that the plaintiffs’ First, Fourth, and Fourteenth Amendment rights were violated by all the defendants; a declaration that the Michigan funeral protest statute was unconstitutional on its face; compensatory damages and attorney’s fees incurred to defend criminal charges; fees to recover the plaintiffs’ van from an impound lot; and costs and attorneys’ fees pursuant to 42 U.S.C. § 1988.

The case was assigned to District Judge Thomas L. Ludington.

The defendants filed a motion to dismiss and a motion for judgment on the pleadings on July 30, 2009. On November 24, 2009, the plaintiffs filed a motion for partial judgment on the pleadings and for declaratory relief. 

On January 29, 2010, the Michigan Attorney General intervened in the case pursuant to 28 U.S.C. § 2403(b) to defend the constitutionality of the Michigan funeral protest statute. On the same day, the Michigan Attorney General defendant filed a motion for summary judgment.

On March 26, 2010, Judge Ludington ruled on three motions: (1) County and individual defendants’ motion for summary judgment and to dismiss filed on January 30, 2010, (2) the plaintiffs’ motion for partial judgment filed on November 24, 2009, and (3) the Attorney General defendant’s motion for summary judgment filed on January 29, 2010. 709 F.Supp.2d 540.

First, the court granted in part and denied in part the County and individual defendants’ motion to dismiss. The court concluded that the County and individual defendants were not entitled to dismissal of plaintiffs’ claims because the plaintiffs pleaded sufficient facts to plausibly suggest an actionable municipal policy. On the motion to dismiss, the court determined that the County defendants were not entitled to qualified immunity on the plaintiffs’ Fourth Amendment cause of action or the plaintiffs’ as-applied First and Fourteenth Amendment causes of action, because the County defendants’ conduct violated the plaintiffs’ clearly established constitutional rights. However, the Court found that the two County defendant sheriffs were entitled to qualified immunity on plaintiffs’ First and Fourteenth Amendment facial challenges to the Michigan funeral protest statute, because it was not clearly established that the statute was unconstitutional on its face. 

Second, the court denied in part and denied without prejudice in part the plaintiffs’ motion for partial judgment. The court denied plaintiffs’ motion for partial judgment on the pleadings without prejudice, and invited additional briefing on the constitutionality of the statute. 

Third, the court denied without prejudice the Michigan Attorney General defendant’s motion for summary judgment, finding that the factual circumstances of the plaintiffs’ arrest to not be needed for determining the constitutionality of the statute.

The court, on July 1, 2010, entered judgment on the petition for declaratory relief. 709 F.Supp.2d 569. The court considered Sixth Circuit precedent to determine whether declaratory relief was appropriate, particularly whether a declaratory judgment “will serve a useful purpose in clarifying and settling the legal relations in issue” and will “terminate and afford relief from the uncertainty, insecurity, and controversy giving rise to the proceeding.” In weighing the factors contributing to the principles, the court found it was appropriate to entertain the request for declaratory relief but stipulated that the case must proceed further before determining the precise scope of relief. 

In the same order, the court considered the Attorney General’s arguments that the court should abstain from considering the constitutionality of the funeral protest statute under the Pullman doctrine and should abstain from hearing the case under the Burford doctrine. The court found that Pullman abstention was not appropriate, given the overbreadth and vagueness of the statute. The court also found that Burford abstention was not appropriate, as the Attorney General’s statements on the consequences of declaratory relief were contradictory and that relief would implicate a single law and not a complex regulatory scheme. 

On July 16, 2010, the plaintiffs renewed their motion for declaratory judgment. The plaintiffs then filed a motion to file a first amended complaint on October 5, 2010. However, the court denied the plaintiff’s motion to file a first amended complaint as moot on October 8, 2010. 

The plaintiffs filed an amended complaint with a jury demand on October 8, 2010. The amended complaint included additional defendants, particularly individual officers of Clare County Sheriff’s Department. 

The plaintiffs filed a motion for partial summary judgment on February 22, 2011 against the County defendants and individual plaintiffs, claiming that they were arrested under an unconstitutional statute that was applied and enforced by such defendants. The plaintiffs sought summary judgment as to liability only, leaving the question of damages to a jury. The County defendants filed a motion for summary judgment on March 3, 2011. 

On April 6, 2011, the court denied the plaintiffs’ renewed motion for declaratory judgment. 2011 WL 1304869. The court found it would be prudent to decline the motion, given that the parties had proceedings to litigate the claims. 

On September 8, 2011, the court entered judgment on the plaintiffs’ motion for partial summary judgment, filed on February 22, 2011, and the County defendants’ motion for summary judgment, filed on March 3, 2011. 2011 WL 3958488.

First, the court ordered that the plaintiffs’ motion for partial summary judgment was granted in part. The court found that because it was always unlawful to enforce a facially unconstitutional statute, a person arrested under the authority of such a statute necessarily suffered a constitutional injury and consequently the plaintiffs' constitutional rights were violated. The court also found that, pursuant to 28 U.S.C. § 2201 and Federal Rule of Civil Procedure 57, that the Michigan funeral protest statute was unconstitutional on its face under the First and Fourteenth Amendments insofar as it prohibited conduct that would “adversely affect” a funeral or funeral-related event as set forth in the statute. The court denied the plaintiff’s due process violation claim, because the court found that the plaintiffs confused their constitutionality challenge of the statute with the constitutional conduct of the arresting officer.

Second, the court granted County defendants’ motion for summary judgment on the plaintiffs’ municipal liability claim, because the court found that the municipality did not have a policy of violating constitutional sufficient to impose liability under the Monell doctrine. 

The parties reached a settlement agreement on November 14, 2011 with the County defendant agreeing to pay $122,500. The case was dismissed with prejudice and without costs per the terms of a settlement agreement on November 18, 2011. This case is closed.

Summary Authors

Takeshi Yamamoto (12/1/2022)

Andrew Eslich (2/10/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4291488/parties/lowden-v-clare-county-of/

Judge(s)
Attorney for Plaintiff

Davis, Hugh M. (Michigan)

Heenan, Cynthia (Michigan)

Attorney for Defendant

Aseltyne, Patrick A. (Michigan)

Field, S. Randall (Michigan)

Kolkema, Jason D. (Michigan)

show all people

Documents in the Clearinghouse

Document
1

1:09-cv-11209

Complaint

April 1, 2009

April 1, 2009

Complaint
12

1:09-cv-11209

Order Granting Emergency Motion to Take Deposition from Lewis Lowden Due to his Deteriorating Health and Granting Plaintiffs Leave to Take the Deposition of Plaintiff Lewis Lowden

May 19, 2009

May 19, 2009

Order/Opinion
52

1:09-cv-11209

Order on Motion for Summary Judgment

March 26, 2010

March 26, 2010

Order/Opinion

709 F.Supp.2d 540

58

1:09-cv-11209

Opinion and Order Regarding Declaratory Relief

July 1, 2010

July 1, 2010

Order/Opinion

709 F.Supp.2d 569

69

1:09-cv-11209

Plaintiffs' First Amended Complaint

Oct. 8, 2010

Oct. 8, 2010

Complaint
81

1:09-cv-11209

Plaintiffs’ Motion for Partial Summary Judgment

Feb. 22, 2011

Feb. 22, 2011

Pleading / Motion / Brief
81

1:09-cv-11209

Plaintiffs' Motion for Partial Summary Judgment

Feb. 22, 2011

Feb. 22, 2011

Pleading / Motion / Brief
96

1:09-cv-11209

Order Denying Plaintiffs’ Renewed Motion for Declaratory Judgment Without Prejudice

April 6, 2011

April 6, 2011

Order/Opinion

2011 WL 1304869

96

1:09-cv-11209

Order Denying Plaintiffs’ Renewed Motion for Declaratory Judgment Without Prejudice

April 6, 2011

April 6, 2011

Order/Opinion

2011 WL 1304869

110

1:09-cv-11209

Opinion and Order

Sept. 8, 2011

Sept. 8, 2011

Order/Opinion

2011 WL 3958488

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4291488/lowden-v-clare-county-of/

Last updated June 15, 2025, 1:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Lewis Lowden, Robert Lowden against all defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: 06450000000001932666 - Fee: $ 350. County of 1st Plaintiff: Gratiot - County Where Action Arose: Clare - County of 1st Defendant: Clare. [Previously dismissed case: No] [Possible companion case(s): None] (Korobkin, Daniel) (Entered: 04/01/2009)

April 1, 2009

April 1, 2009

RECAP
2

SUMMONS Issued for *Clare, County of, Lawrence Kahsin, Calvin Woodcock* (SSch) (Entered: 04/01/2009)

April 1, 2009

April 1, 2009

RECAP

A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (SSch)

April 1, 2009

April 1, 2009

PACER
3

NOTICE of Appearance by Cynthia Heenan on behalf of Lewis Lowden, Robert Lowden. (Heenan, Cynthia) (Entered: 04/01/2009)

April 1, 2009

April 1, 2009

PACER
4

NOTICE of Appearance by Hugh M. Davis, Jr on behalf of Lewis Lowden, Robert Lowden. (Davis, Hugh) (Entered: 04/01/2009)

April 1, 2009

April 1, 2009

PACER
5

NOTICE of Appearance by Michael J. Steinberg on behalf of Lewis Lowden, Robert Lowden. (Steinberg, Michael) (Entered: 04/02/2009)

April 2, 2009

April 2, 2009

PACER
6

CERTIFICATE of Service/Summons Returned Executed. Clare, County of served on 4/6/2009, answer due 4/27/2009. (Korobkin, Daniel) (Entered: 04/13/2009)

April 13, 2009

April 13, 2009

PACER
7

CERTIFICATE of Service/Summons Returned Executed. Lawrence Kahsin served on 4/6/2009, answer due 4/27/2009. (Korobkin, Daniel) (Entered: 04/13/2009)

April 13, 2009

April 13, 2009

PACER
8

ATTORNEY APPEARANCE: Patrick A. Aseltyne appearing on behalf of Clare, County of, Lawrence Kahsin and Proof of Service (Aseltyne, Patrick) (Entered: 04/24/2009)

April 24, 2009

April 24, 2009

PACER
9

ATTORNEY APPEARANCE: Jason D. Kolkema appearing on behalf of Clare, County of, Lawrence Kahsin and Proof of Service (Kolkema, Jason) (Entered: 04/24/2009)

April 24, 2009

April 24, 2009

PACER
10

Emergency MOTION to Take Deposition from Lewis Lowden Due to His Deteriorating Health by Lewis Lowden, Robert Lowden. (Korobkin, Daniel) (Entered: 05/15/2009)

May 15, 2009

May 15, 2009

PACER
11

ANSWER to Complaint with Affirmative Defenses and Proof of Service by Clare, County of, Lawrence Kahsin. (Kolkema, Jason) (Entered: 05/15/2009)

May 15, 2009

May 15, 2009

PACER
12

ORDER granting 10 Motion to Take Deposition from Lewis Lowden. Signed by District Judge Thomas L Ludington. (SGam) (Entered: 05/19/2009)

May 19, 2009

May 19, 2009

RECAP
13

CERTIFICATE of Service/Summons Returned Executed. Calvin Woodcock served on 5/28/2009, answer due 6/17/2009. (Korobkin, Daniel) (Entered: 06/04/2009)

June 4, 2009

June 4, 2009

PACER
14

ORDER to submit material for case management order., ( Responses due by 7/15/2009) Signed by District Judge Thomas L Ludington. (TJac) (Entered: 06/26/2009)

June 26, 2009

June 26, 2009

PACER
15

NOTICE of Appearance by Jason D. Kolkema on behalf of Calvin Woodcock. (Kolkema, Jason) (Entered: 06/30/2009)

June 30, 2009

June 30, 2009

PACER
16

NOTICE of Appearance by Patrick A. Aseltyne on behalf of Calvin Woodcock. (Aseltyne, Patrick) (Entered: 06/30/2009)

June 30, 2009

June 30, 2009

PACER
17

ANSWER to Complaint with Affirmative Defenses with Jury Demand and Proof of Service by Calvin Woodcock. (Kolkema, Jason) (Entered: 06/30/2009)

June 30, 2009

June 30, 2009

PACER
18

CASE MANAGEMENT AND SCHEDULING ORDER: Settlement Conference set for 1/21/2010 03:30 PM before District Judge Thomas L Ludington Discovery due by 1/29/2010 Dispositive Motion Cut-off set for 2/26/2010 Final Pretrial Conference set for 6/21/2010 03:30 PM before District Judge Thomas L Ludington Jury Trial set for 6/28/2010 08:30 AM before District Judge Thomas L Ludington Signed by District Judge Thomas L Ludington. (Refer to image for additional dates) (TJac) (Entered: 07/29/2009)

July 29, 2009

July 29, 2009

PACER
19

MOTION for Leave to File Excess Pages with Proof of Service by Clare, County of, Lawrence Kahsin, Calvin Woodcock. (Kolkema, Jason) (Entered: 07/30/2009)

July 30, 2009

July 30, 2009

PACER
20

MOTION to Dismiss, MOTION for Judgment on the Pleadings by Clare, County of, Lawrence Kahsin, Calvin Woodcock. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Photographs, # 3 Exhibit 2 - Incident Report, # 4 Exhibit 3 - Bill Analysis) (Kolkema, Jason) (Entered: 07/30/2009)

July 30, 2009

July 30, 2009

PACER
21

ORDER granting 19 Motion for Leave to File Excess Pages. Signed by District Judge Thomas L Ludington. [Brief not to exceed 22 pages] (SGam) (Entered: 08/03/2009)

Aug. 3, 2009

Aug. 3, 2009

PACER
22

NOTICE of hearing on 20 MOTION to Dismiss, MOTION for Judgment on the Pleadings. Motion Hearing set for 9/24/2009 02:00 PM before District Judge Thomas L Ludington. (TJac) (Entered: 08/07/2009)

Aug. 7, 2009

Aug. 7, 2009

PACER
23

RESPONSE to 20 MOTION to Dismiss MOTION for Judgment on the Pleadings filed by Lewis Lowden, Robert Lowden. (Korobkin, Daniel) (Entered: 08/20/2009)

Aug. 20, 2009

Aug. 20, 2009

RECAP
24

MOTION for Leave to File Excess Pages (Unopposed) by Lewis Lowden, Robert Lowden. (Korobkin, Daniel) (Entered: 08/20/2009)

Aug. 20, 2009

Aug. 20, 2009

PACER
25

ORDER granting 24 Motion for Leave to File Excess Pages. Signed by District Judge Thomas L Ludington. (SGam) (Entered: 08/24/2009)

Aug. 24, 2009

Aug. 24, 2009

PACER
26

MOTION for Leave to File Excess Pages with Proof of Service by Clare, County of, Lawrence Kahsin, Calvin Woodcock. (Kolkema, Jason) (Entered: 08/31/2009)

Aug. 31, 2009

Aug. 31, 2009

PACER
27

REPLY to Response re 20 MOTION to Dismiss MOTION for Judgment on the Pleadings with Proof of Service filed by Clare, County of, Lawrence Kahsin, Calvin Woodcock. (Kolkema, Jason) (Entered: 08/31/2009)

Aug. 31, 2009

Aug. 31, 2009

PACER
28

ORDER granting 26 Motion for Leave to File Excess Pages. Signed by District Judge Thomas L Ludington. (TJac) (Entered: 09/08/2009)

Sept. 8, 2009

Sept. 8, 2009

PACER
29

CERTIFICATE OF SERVICE by Clare, County of, Lawrence Kahsin, Calvin Woodcock on Defendants' Joint Offer of Judgment (Kolkema, Jason) (Entered: 09/11/2009)

Sept. 11, 2009

Sept. 11, 2009

PACER

Minute Entry - Status Conference held on 9/24/2009 before District Judge Thomas L Ludington. (TJac)

Sept. 24, 2009

Sept. 24, 2009

PACER
30

ORDER Staying Scheduling Order for Forty-Five Days and Scheduling Status Conference. (Status Conference set for 11/20/2009 02:00 PM before District Judge Thomas L Ludington) Signed by District Judge Thomas L Ludington. (SGam) (Entered: 09/28/2009)

Sept. 28, 2009

Sept. 28, 2009

PACER

Minute Entry - Status Conference held on 11/20/2009 before District Judge Thomas L Ludington. (TJac)

Nov. 20, 2009

Nov. 20, 2009

PACER
31

MOTION for Judgment (Partial) on the Pleadings and Declaratory Relief by Lewis Lowden, Robert Lowden. (Korobkin, Daniel) (Entered: 11/24/2009)

Nov. 24, 2009

Nov. 24, 2009

PACER
32

MOTION for Leave to File Excess Pages (Unopposed) by Lewis Lowden, Robert Lowden. (Korobkin, Daniel) (Entered: 11/24/2009)

Nov. 24, 2009

Nov. 24, 2009

PACER
33

NOTICE by Lewis Lowden, Robert Lowden re 31 MOTION for Judgment (Partial) on the Pleadings and Declaratory Relief OF CONSTITUTIONAL QUESTION (Korobkin, Daniel) (Entered: 11/24/2009)

Nov. 24, 2009

Nov. 24, 2009

PACER
34

ORDER Continuing Stay and Scheduling Hearing. Set Motion Hearings as to 20 MOTION to Dismiss MOTION for Judgment on the Pleadings, 31 MOTION for Judgment (Partial) on the Pleadings and Declaratory Relief: (Motion Hearing set for 3/17/2010 02:00 PM before District Judge Thomas L Ludington) Signed by District Judge Thomas L Ludington. (SGam) (Entered: 11/30/2009)

Nov. 30, 2009

Nov. 30, 2009

PACER
35

Notice to Attorney General of Michigan Pursuant to 28 USC Section 2403 and FRCP 5.1(B). (Responses due by 2/1/2010) Signed by District Judge Thomas L Ludington. (SGam) (Entered: 11/30/2009)

Nov. 30, 2009

Nov. 30, 2009

PACER
36

ORDER granting 32 Motion for Leave to File Excess Pages. Signed by District Judge Thomas L Ludington. (SGam) (Entered: 12/02/2009)

Dec. 2, 2009

Dec. 2, 2009

PACER
37

STIPULATION AND ORDER Extending Deadline for Response. Signed by District Judge Thomas L Ludington. (SGam) (Entered: 01/15/2010)

Jan. 15, 2010

Jan. 15, 2010

PACER
38

MOTION to Intervene by Michael A. Cox. (Nelson, Margaret) (Entered: 01/29/2010)

Jan. 29, 2010

Jan. 29, 2010

PACER
39

MOTION for Summary Judgment with Brief in Support by Michael A. Cox. (Attachments: # 1 Exhibit Attachment 1, # 2 Exhibit Attachment 2) (Nelson, Margaret) (Entered: 01/29/2010)

Jan. 29, 2010

Jan. 29, 2010

PACER
40

ORDER granting 38 Motion to Intervene and Scheduling Hearing on Attorney General's Motion for Summary Judgment. Signed by District Judge Thomas L Ludington. (PMil) (Entered: 02/08/2010)

Feb. 5, 2010

Feb. 5, 2010

PACER

Set as to 39 MOTION for Summary Judgment. Motion Hearing set for 3/17/2010 02:00 PM before District Judge Thomas L Ludington (SGam)

Feb. 5, 2010

Feb. 5, 2010

PACER
41

NOTICE of Appearance by Ann M. Sherman on behalf of Michael A. Cox. (Sherman, Ann) (Entered: 02/08/2010)

Feb. 8, 2010

Feb. 8, 2010

PACER
42

RESPONSE to 31 MOTION for Judgment (Partial) on the Pleadings and Declaratory Relief Brief in Opposition filed by Clare, County of, Lawrence Kahsin, Calvin Woodcock. (Kolkema, Jason) (Entered: 02/08/2010)

Feb. 8, 2010

Feb. 8, 2010

PACER
43

REPLY to Response to Motion for Partial Judgment on the Pleadings filed by Lewis Lowden, Robert Lowden. (Korobkin, Daniel) (Entered: 02/12/2010)

Feb. 12, 2010

Feb. 12, 2010

PACER
44

RESPONSE to Attorney General's Motion for Summary Judgment filed by Lewis Lowden, Robert Lowden. (Korobkin, Daniel) Modified on 2/16/2010 (PMil).[WRONG DOCKET EVENT SELECTED] (Entered: 02/12/2010)

Feb. 12, 2010

Feb. 12, 2010

PACER
45

MOTION for Leave to File Excess Pages by Lewis Lowden, Robert Lowden. (Korobkin, Daniel) (Entered: 02/12/2010)

Feb. 12, 2010

Feb. 12, 2010

PACER
46

MOTION for Leave to File Brief in Opposition to Plaintiff's Motion for Partial Judgment on the Pleadings and Declaratory Relief by Michael A. Cox. (Nelson, Margaret) (Entered: 02/25/2010)

Feb. 25, 2010

Feb. 25, 2010

PACER
47

RESPONSE to 31 MOTION for Judgment (Partial) on the Pleadings and Declaratory Relief by Michael A. Cox. (Nelson, Margaret) (Entered: 02/25/2010)

Feb. 25, 2010

Feb. 25, 2010

PACER
48

REPLY to 31 MOTION for Judgment (Partial) on the Pleadings and Declaratory Relief by Michael A. Cox. (Nelson, Margaret) [INTERVENING DEFENDANT ATTORNEY GENERAL'S REPLY BRIEF] Modified on 2/25/2010 (DPer). (Entered: 02/25/2010)

Feb. 25, 2010

Feb. 25, 2010

PACER
49

RESPONSE to 46 MOTION for Leave to File Brief in Opposition to Plaintiff's Motion for Partial Judgment on the Pleadings and Declaratory Relief filed by Lewis Lowden, Robert Lowden. (Attachments: # 1 Exhibit Cover Letter, # 2 Exhibit Return Receipt) (Korobkin, Daniel) (Entered: 02/26/2010)

Feb. 26, 2010

Feb. 26, 2010

PACER
50

ORDER granting 45 Motion for Leave to File Excess Pages; granting 46 Motion for Leave to File Brief in Opposition to Plaintiff's Motion for Partial Judgment on the Pleadings and Declaratory Relief.. Signed by District Judge Thomas L Ludington. (SGam) (Entered: 03/01/2010)

March 1, 2010

March 1, 2010

PACER
51

REPLY to Response re 31 MOTION for Judgment (Partial) on the Pleadings and Declaratory Relief filed by Lewis Lowden, Robert Lowden. (Korobkin, Daniel)[DOCUMENT LABLELED A SECOND REPLY] Modified on 3/4/2010 (TMcg). (Entered: 03/04/2010)

March 4, 2010

March 4, 2010

PACER

Minute Entry - Motion Hearing held on 3/17/2010 re 20 MOTION to Dismiss MOTION for Judgment on the Pleadings filed by Calvin Woodcock, Lawrence Kahsin, Clare, County of, 39 MOTION for Summary Judgment with Brief in Support filed by Michael A. Cox, 31 MOTION for Judgment (Partial) on the Pleadings and Declaratory Relief filed by Robert Lowden, Lewis Lowden before District Judge Thomas L Ludington. (Court Reporter Charlene McLoughlin) (TJac)

March 17, 2010

March 17, 2010

PACER
52

ORDER denying without prejudice 39 Motion for Summary Judgment; granting in part and denying in part 20 Motion to Dismiss 20 Motion for Judgment on the Pleadings; denying in part and denying without prejudice in part 31 Motion for Partial Judgment on the Pleadings and Granting Leave to File Briefs Regarding Declaratory Relief. Signed by District Judge Thomas L Ludington. [Refer to image for dates] (SGam)

March 26, 2010

March 26, 2010

RECAP
53

Stipulated ORDER Extending Stay. Signed by District Judge Thomas L Ludington. (SGam) (Entered: 04/12/2010)

April 12, 2010

April 12, 2010

PACER
54

SUPPLEMENTAL BRIEF re 52 Order on Motion for Summary Judgment, Order on Motion to Dismiss, Order on Motion for Judgment,,,,, filed by All Plaintiffs. (Attachments: # 1 Exhibit Affidavit of Lewis Lowden) (Korobkin, Daniel) (Entered: 04/14/2010)

April 14, 2010

April 14, 2010

PACER
55

NOTICE TO APPEAR: Hearing on Declaratory Relief set for 6/8/2010 04:00 PM before District Judge Thomas L Ludington (TJac) (Entered: 04/29/2010)

April 29, 2010

April 29, 2010

PACER
56

SUPPLEMENTAL BRIEF re 39 MOTION for Summary Judgment with Brief in Support RE: Declaratory Relief filed by Michael A. Cox. (Nelson, Margaret) (Entered: 05/05/2010)

May 5, 2010

May 5, 2010

PACER
57

REPLY to 56 Supplemental Brief by All Plaintiffs. (Korobkin, Daniel) (Entered: 05/14/2010)

May 14, 2010

May 14, 2010

PACER

Minute Entry - Hearing on delcaratory relief held on 6/8/2010 before District Judge Thomas L Ludington. (Court Reporter Charlene McLoughlin) (TJac)

June 8, 2010

June 8, 2010

PACER
58

OPINION and ORDER Regarding Declaratory Relief. Signed by District Judge Thomas L Ludington. (SGam)

July 1, 2010

July 1, 2010

RECAP
59

Renewed MOTION for Declaratory Judgment by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Proposed Declaratory Judgment, # 3 Exhibit B - Alternative Proposed Declaratory Judgment) (Korobkin, Daniel) (Entered: 07/16/2010)

July 16, 2010

July 16, 2010

PACER
60

NOTICE TO APPEAR: Status Conference set for 8/12/2010 03:00 PM before District Judge Thomas L Ludington (TJac) (Entered: 07/27/2010)

July 27, 2010

July 27, 2010

PACER
61

RESPONSE to 59 Renewed MOTION for Declaratory Judgment filed by Michael A. Cox. (Sherman, Ann) (Entered: 07/27/2010)

July 27, 2010

July 27, 2010

PACER
62

RESPONSE to 59 Renewed MOTION for Declaratory Judgment with Certificate of Service filed by Clare, County of, Lawrence Kahsin, Calvin Woodcock. (Kolkema, Jason) (Entered: 08/03/2010)

Aug. 3, 2010

Aug. 3, 2010

PACER

Minute Entry - Status Conference held on 8/12/2010, Status Conference continued for 9/14/2010 at 4:30 PM before District Judge Thomas L Ludington). (FMos)

Aug. 12, 2010

Aug. 12, 2010

PACER

Minute Entry - Telephone Conference held on 9/14/2010, Set Deadlines/Hearings:( Telephone Conference continued on 9/28/2010 03:30 PM before District Judge Thomas L Ludington). (TJac)

Sept. 14, 2010

Sept. 14, 2010

PACER
63

[STRICKEN PER ORDER 09/27/10] STIPULATION re 1 Complaint,, Stipulated Order to Allow Filing of Plaintiffs' 1st Amended Complaint by All Plaintiffs (Attachments: # 1 Exhibit Plaintiffs' First Amended Complaint) (Davis, Hugh) Modified on 9/28/2010 (DPer). (Entered: 09/23/2010)

Sept. 23, 2010

Sept. 23, 2010

PACER
64

ORDER to striking 63 Stipulation. Signed by District Judge Thomas L Ludington. (DPer) (Entered: 09/28/2010)

Sept. 27, 2010

Sept. 27, 2010

RECAP

Minute Entry - Telephone Conference held on 9/28/2010 before District Judge Thomas L Ludington. (TJac)

Sept. 28, 2010

Sept. 28, 2010

PACER
65

AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Telephone Status Conference set for 11/3/2010 02:00 PM before District Judge Thomas L Ludington Discovery due by 1/4/2011 Dispositive Motion Cut-off set for 2/11/2011 Final Pretrial Conference set for 6/27/2011 02:30 PM before District Judge Thomas L Ludington Jury Trial set for 7/12/2011 08:30 AM before District Judge Thomas L Ludington Signed by District Judge Thomas L Ludington. (Refer to image for additional dates) (TJac) (Entered: 09/29/2010)

Sept. 29, 2010

Sept. 29, 2010

PACER
66

MOTION to allow Plaintiff's to file 1st Amended Complaint by All Plaintiffs. (Davis, Hugh) (Entered: 10/06/2010)

Oct. 6, 2010

Oct. 6, 2010

PACER
67

STIPULATION AND ORDER to allow plaintiffs to file First Amended Complaint, ( due by 10/22/2010) Signed by District Judge Thomas L Ludington. (TJac) (Entered: 10/08/2010)

Oct. 8, 2010

Oct. 8, 2010

PACER
68

ORDER denying as moot 66 Motion to file first amended complaint. Signed by District Judge Thomas L Ludington. (TJac) (Entered: 10/08/2010)

Oct. 8, 2010

Oct. 8, 2010

PACER
69

AMENDED COMPLAINT with Jury Demand filed by All Plaintiffs against Goyt, Mark McClellan, William Larson, Robert Kent Hager, Bailey. (Davis, Hugh) (Entered: 10/08/2010)

Oct. 8, 2010

Oct. 8, 2010

RECAP

REQUEST for SUMMONS for Bailey, Goyt, Robert Kent Hager, William Larson, Mark McClellan. (Davis, Hugh)

Oct. 8, 2010

Oct. 8, 2010

PACER
70

SUMMONS Issued for *Bailey, Goyt, Robert Kent Hager, William Larson, Mark McClellan* (DWor) (Entered: 10/08/2010)

Oct. 8, 2010

Oct. 8, 2010

PACER
71

NOTICE OF TELEPHONE STATUS CONFERENCE: Telephone Status Conference reset for 11/23/2010 04:30 PM before District Judge Thomas L Ludington (TJac) (Entered: 10/29/2010)

Oct. 29, 2010

Oct. 29, 2010

PACER
72

ANSWER to Amended Complaint by Michael A. Cox. (Nelson, Margaret) (Entered: 11/03/2010)

Nov. 3, 2010

Nov. 3, 2010

PACER
73

ATTORNEY APPEARANCE: Patrick A. Aseltyne appearing on behalf of All Defendants w/Proof of Service (Aseltyne, Patrick) (Entered: 11/23/2010)

Nov. 23, 2010

Nov. 23, 2010

PACER
74

ATTORNEY APPEARANCE: Jason D. Kolkema appearing on behalf of All Defendants w/Proof of Service (Kolkema, Jason) (Entered: 11/23/2010)

Nov. 23, 2010

Nov. 23, 2010

PACER
75

CERTIFICATE OF SERVICE by All Defendants of Defendants' Joint Offer of Judgment Pursuant to FRCP68 (Kolkema, Jason) (Entered: 11/23/2010)

Nov. 23, 2010

Nov. 23, 2010

PACER

Minute Entry - Telephone Conference held on 11/23/2010 before District Judge Thomas L Ludington. (TJac)

Nov. 23, 2010

Nov. 23, 2010

PACER
76

ANSWER to Amended Complaint with Affirmative Defenses and Proof of Service by All Defendants. (Kolkema, Jason) (Entered: 12/08/2010)

Dec. 8, 2010

Dec. 8, 2010

PACER
77

Stipulated ORDER Extending Dates. ( Discovery due by 2/4/2011, Dispositive Motion Cut-off set for 2/25/2011) Signed by District Judge Thomas L Ludington. (SGam) (Entered: 01/03/2011)

Jan. 3, 2011

Jan. 3, 2011

PACER
78

[STRICKEN] STIPULATION of Dismissal of defendants Woodcock, Goyt, McClellan, Larson, Hager, and Bailey by All Parties (Korobkin, Daniel) Modified on 2/14/2011 (DWor). (Entered: 02/11/2011)

Feb. 11, 2011

Feb. 11, 2011

PACER
79

ORDER to Strike 78 Stipulation of Dismissal filed by Mark McClellan, Goyt, Bailey, Robert Lowden, Michael A. Cox, Lawrence Kahsin, Calvin Woodcock, Clare, County of, Lewis Lowden, Robert Kent Hager, William Larson. Signed by District Judge Thomas L Ludington. (DWor) (Entered: 02/14/2011)

Feb. 14, 2011

Feb. 14, 2011

PACER
80

ORDER with Stipulation for dismissal without prejudice and without costs. Robert Kent Hager, William Larson, Mark McClellan, Calvin Woodcock, Bailey and Goyt terminated. Signed by District Judge Thomas L Ludington. (DWor) (Entered: 02/15/2011)

Feb. 15, 2011

Feb. 15, 2011

RECAP
81

MOTION for Partial Summary Judgment by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Defendants' Answer to Plaintiffs' First Amended Complaint and Supporting Declaration of Lewis Lowden, # 3 Exhibit B - Deposition of Lewis Lowden, # 4 Exhibit C - Deposition of Jeffery Goyt, # 5 Exhibit D - Deposition of Norman Gage, # 6 Exhibit E - Deposition of Lawrence Kahsin, # 7 Exhibit F - Photographs of Funeral Procession and Supporting Declaration of Lewis Lowden, # 8 Exhibit G - Photographs of Van, # 9 Exhibit H - Van Signs, # 10 Exhibit I - Deposition of Michael Bailey, # 11 Exhibit J - Deposition of Robert Hager, # 12 Exhibit K - County Defendants' Response to Plaintiffs' First Interrogatories and Requests to Produce) (Korobkin, Daniel) (Entered: 02/22/2011)

Feb. 22, 2011

Feb. 22, 2011

RECAP
82

MOTION for Leave to File Excess Pages by All Plaintiffs. (Korobkin, Daniel) (Entered: 02/22/2011)

Feb. 22, 2011

Feb. 22, 2011

PACER
83

CERTIFICATE OF SERVICE by All Plaintiffs re 81 MOTION for Partial Summary Judgment, 82 MOTION for Leave to File Excess Pages (Korobkin, Daniel) (Entered: 02/22/2011)

Feb. 22, 2011

Feb. 22, 2011

PACER
84

Stipulated ORDER Extending Dispositive Motion Deadline. (Dispositive Motion Cut-off set for 3/3/2011) Signed by District Judge Thomas L Ludington. (SGam) (Entered: 02/23/2011)

Feb. 23, 2011

Feb. 23, 2011

PACER
85

ORDER granting 82 Motion for Leave to File Excess Pages. Signed by District Judge Thomas L Ludington. (SGam) (Entered: 02/24/2011)

Feb. 24, 2011

Feb. 24, 2011

PACER
86

NOTICE of hearing on 81 MOTION for Partial Summary Judgment. Motion Hearing set for 5/5/2011 03:00 PM before District Judge Thomas L. Ludington. (TJac) (Entered: 02/25/2011)

Feb. 25, 2011

Feb. 25, 2011

PACER
87

MOTION for Leave to File Excess Pages with Proof of Service by Clare, County of, Lawrence Kahsin. (Kolkema, Jason) (Entered: 03/03/2011)

March 3, 2011

March 3, 2011

PACER
88

MOTION for Summary Judgment and Brief in Support with Proof of Service by Clare, County of, Lawrence Kahsin. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10) (Kolkema, Jason) (Entered: 03/03/2011)

March 3, 2011

March 3, 2011

PACER
89

NOTICE of hearing on 88 MOTION for Summary Judgment and Brief in Support with Proof of Service. Motion Hearing set for 5/5/2011 03:00 PM before District Judge Thomas L. Ludington. (TJac) (Entered: 03/07/2011)

March 7, 2011

March 7, 2011

PACER

Case Details