Case: Nielsen v. Ann Arbor Public Schools

2:22-cv-12632 | U.S. District Court for the Eastern District of Michigan

Filed Date: Nov. 1, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about free speech in a public high school's school-wide announcements at Skyline High School in Ann Arbor, Michigan. One week before Election Day, on November 1, 2022, the Skyline Republican Club ("the Club") and its president, a high school senior, filed a complaint in the U.S. District Court for the Eastern District of Michigan against Ann Arbor Public Schools, the Skyline High School principal, and the Skyline secretary. The plaintiffs claimed their constitutional and statutor…

This is a case about free speech in a public high school's school-wide announcements at Skyline High School in Ann Arbor, Michigan. One week before Election Day, on November 1, 2022, the Skyline Republican Club ("the Club") and its president, a high school senior, filed a complaint in the U.S. District Court for the Eastern District of Michigan against Ann Arbor Public Schools, the Skyline High School principal, and the Skyline secretary. The plaintiffs claimed their constitutional and statutory rights had been violated when the school refused the Club access to a school-wide announcement platform. The Club had submitted an announcement opposing Proposition 3, a ballot initiative that would add the right to reproductive freedom to the Michigan Constitution. The plaintiffs' announcement was rejected for being "political," while other student groups' political announcements, including announcements in favor of reproductive rights, were permitted. Represented by nonprofit conservative law firm the Thomas More Center, the plaintiffs claimed they were subject to viewpoint discrimination, prior restraint, and deprivation of equal rights in violation of the First and Fourteenth Amendments of the U.S. Constitution and the Equal Access Act. They sought declaratory and injunctive relief, nominal damages, and attorneys' fees. 

The plaintiffs sought an emergency temporary restraining order that would require the school to deliver their announcement before November 8, the election day when Proposition 3 would be on the ballot. Under this tight time constraint, Judge Paul D. Borman held a hearing and found that the Club had a strong likelihood of success on its First Amendment claim of viewpoint discrimination: the Skyline administrators were suppressing an anti-Prop 3 message while facilitating a student walkout in support of Prop 3. On November 7, the court ordered the Club's announcement to be delivered before noon on Election Day. 2022 WL 16744371.

The case was reassigned to Magistrate Judge Jonathan J.C. Grey on December 7, 2022, upon the recusal of the prior assigned magistrate, Judge David R. Grand. As of January 4, 2023, the parties had proceeded to discovery. The case is ongoing. 

Summary Authors

Christina Van Wagenen (1/3/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/65652992/parties/nielsen-v-ann-arbor-public-schools/


Judge(s)

Borman, Paul D. (Michigan)

Attorney for Plaintiff

Mersino, Erin (Michigan)

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Documents in the Clearinghouse

Docket

See docket on RECAP: https://www.courtlistener.com/docket/65652992/nielsen-v-ann-arbor-public-schools/

Last updated Sept. 5, 2025, 1:22 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by All Plaintiffs against All Plaintiffs with Jury Demand. Plaintiff requests summons issued. Receipt No: AMIEDC-9114099 - Fee: $ 402. County of 1st Plaintiff: Washtenaw - County Where Action Arose: Washtenaw - County of 1st Defendant: Washtenaw. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Mersino, Erin) (Entered: 11/01/2022)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

Nov. 1, 2022

Nov. 1, 2022

RECAP

Notice of Error

Nov. 1, 2022

Nov. 1, 2022

NOTICE of Error directed to: Erin Mersino re 1 Complaint,,. Parties listed on the initiating document were omitted or incorrect. The filing attorney must use the docket event Addition of Parties to correct the error. [No Image Associated with this docket entry] (SKra)

Nov. 1, 2022

Nov. 1, 2022

Addition of Parties

Nov. 1, 2022

Nov. 1, 2022

Addition of Parties to CM/ECF: Plaintiff Skyline Republican Club. Reason: The party was not added to CM/ECF when e-filing 1 Complaint,, (Mersino, Erin)

Nov. 1, 2022

Nov. 1, 2022

Error

Nov. 1, 2022

Nov. 1, 2022

2

Emergency MOTION for Temporary Restraining Order (Ex parte) by All Plaintiffs. (Mersino, Erin) (Entered: 11/02/2022)

Nov. 2, 2022

Nov. 2, 2022

3

NOTICE of Appearance by Robert M. Vercruysse on behalf of Ann Arbor Public Schools. (Vercruysse, Robert) (Entered: 11/02/2022)

Nov. 2, 2022

Nov. 2, 2022

4

NOTICE of Appearance by Richard Thompson on behalf of All Plaintiffs. (Thompson, Richard) (Entered: 11/03/2022)

Nov. 3, 2022

Nov. 3, 2022

5

ORDER., Set Motion and R&R Deadlines/Hearings as to 2 Emergency MOTION for Temporary Restraining Order (Ex parte) :( Motion Hearing set for 11/4/2022 02:00 PM before District Judge Paul D. Borman, Response due by 10:00 AM on 11/4/2022) Signed by District Judge Paul D. Borman. *Parties must attend the hearing with counsel and everyone must wear a mask in the courtroom* (DTof) (Entered: 11/03/2022)

Nov. 3, 2022

Nov. 3, 2022

Certificate of Service

Nov. 3, 2022

Nov. 3, 2022

TEXT-ONLY CERTIFICATE OF SERVICE re 5 Order,, Set Motion and R&R Deadlines/Hearings, on Attorney David S. Cosma via email to: dcomsa@collinsblaha.com (DTof)

Nov. 3, 2022

Nov. 3, 2022

10

NOTICE of Appearance by Robert M. Vercruysse on behalf of Jefferson Bilsborrow, Cory McElmeel. (Vercruysse, Robert) (Entered: 11/04/2022)

Nov. 4, 2022

Nov. 4, 2022

11

EXHIBIT Redacted Exhibit 2 re 9 Response to Petition/Request/Application by All Defendants (Vercruysse, Robert) (Entered: 11/04/2022)

Nov. 4, 2022

Nov. 4, 2022

12

NOTICE of Appearance by Anne-Marie Vercruysse Welch on behalf of All Defendants. (Vercruysse Welch, Anne-Marie) (Entered: 11/04/2022)

Nov. 4, 2022

Nov. 4, 2022

13

ORDER granting 2 Motion for TRO AND REQUIRING DEFENDANTS TO BROADCAST PLAINTIFFS' MODIFIED REQUEST REGARDING PROPOSAL 3 ON MONDAY, NOVEMBER 7, 2022. Signed by District Judge Paul D. Borman. (Attachments: # 1 Copy of flier) (DTof) (Entered: 11/04/2022)

Nov. 4, 2022

Nov. 4, 2022

6

NOTICE of Appearance by David A. Comsa on behalf of All Defendants. (Comsa, David) (Entered: 11/04/2022)

Nov. 4, 2022

Nov. 4, 2022

7

DECLARATION by S.N. re 2 Emergency MOTION for Temporary Restraining Order (Ex parte) filed by All Plaintiffs (Thompson, Richard) (Entered: 11/04/2022)

Nov. 4, 2022

Nov. 4, 2022

RECAP
8

EXHIBIT 1 (corrected and re-formatted to 8.5 x 11in) re 1 Complaint,, by All Plaintiffs (Thompson, Richard) (Entered: 11/04/2022)

Nov. 4, 2022

Nov. 4, 2022

9

RESPONSE to Plaintiffs' Motion for TRO filed by All Defendants. (Attachments: # 1 Index of Exhibits Index, # 2 Exhibit 1 - Affidavit, # 3 Exhibit 2 - McElmeel email, # 4 Exhibit 3 - Comsa email) (Vercruysse, Robert) (Entered: 11/04/2022)

Nov. 4, 2022

Nov. 4, 2022

Motion Hearing

Nov. 4, 2022

Nov. 4, 2022

Minute Entry for in-person proceedings before District Judge Paul D. Borman: Motion Hearing held on 11/4/2022 re 2 Emergency MOTION for Temporary Restraining Order (Ex parte) filed by S.N., Skyline Republican Club, David Nielsen Disposition: Motion granted (Court Reporter: Sheila Rice) (DTof)

Nov. 4, 2022

Nov. 4, 2022

14

AMENDED OPINION AND ORDER GRANTING PLAINTIFFS' MOTION FOR AN EMERGENCY TEMPORARY RESTRAINING ORDER ENJOINING DEFENDANTS FROM REFUSING TO BROADCAST PLAINTIFFS' MODIFIED REQUEST / REQUIRING DEFENDANTS TO BROADCAST THAT REQUEST ON ITS PUBLIC ADDRESS SYSTEM FOR "ALL SCHOOL ANNOUNCEMENTS" ON EITHER MONDAY, NOVEMBER 7, 2022 OR PRIOR TO NOON ELECTION DAY TUESDAY, NOVEMBER 8, 2022 Signed by District Judge Paul D. Borman. (Attachments: # 1 Exhibit 11/4/22 McElmeel Email, # 2 Exhibit Copy of Flyer) (DTof)

Nov. 7, 2022

Nov. 7, 2022

RECAP
15

Transcript

Nov. 9, 2022

Nov. 9, 2022

16

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Ann Arbor Public Schools (Vercruysse Welch, Anne-Marie) (Entered: 11/22/2022)

Nov. 22, 2022

Nov. 22, 2022

17

ANSWER to Complaint with Affirmative Defenses by All Defendants. (Vercruysse Welch, Anne-Marie) (Entered: 11/22/2022)

Nov. 22, 2022

Nov. 22, 2022

18

NOTICE TO APPEAR IN PERSON: Status Conference (attorneys only) set for 12/2/2022 10:00 AM before District Judge Paul D. Borman (DTof) (Entered: 11/28/2022)

Nov. 28, 2022

Nov. 28, 2022

19

ORDER REQUIRING PARTIES TO MEET AND TO FILE JOINT RULE 26 PLAN Discovery plan due by 12/27/2022 Signed by District Judge Paul D. Borman. (DTof) (Entered: 12/02/2022)

Dec. 2, 2022

Dec. 2, 2022

Minute Entry for in-person proceedings before District Judge Paul D. Borman: Status Conference held on 12/2/2022 (Court Reporter: Leann Lizza) (DTof)

Dec. 2, 2022

Dec. 2, 2022

20

ORDER of RECUSAL and REASSIGNING CASE from Magistrate Judge David R. Grand to Magistrate Judge Jonathan J.C. Grey. (SSch) (Entered: 12/07/2022)

Dec. 7, 2022

Dec. 7, 2022

21

DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Mersino, Erin) (Entered: 12/27/2022)

Dec. 27, 2022

Dec. 27, 2022

22

SCHEDULING ORDER: FACILITATION INFORMATION DUE 3/17/2023; Fact Discovery due by 5/16/2023; Expert Discovery due by 6/16/2023; Facilitation held by 6/16/2023; Dispositive Motion and Daubert Motion Cut-off set for 7/17/2023 Signed by District Judge Paul D. Borman. (Refer to image for additional dates) (DTof) (Entered: 01/04/2023)

Jan. 4, 2023

Jan. 4, 2023

Text-Only Reassignment

Feb. 6, 2023

Feb. 6, 2023

23

Scheduling Order

Feb. 22, 2023

Feb. 22, 2023

24

Referring Other Matters to Magistrate Judge*

Feb. 22, 2023

Feb. 22, 2023

25

Referring Pretrial Matters to Magistrate Judge*

Feb. 22, 2023

Feb. 22, 2023

Text-Only Reassignment

March 13, 2023

March 13, 2023

30

~Util - Set Scheduling Order Deadlines AND Order

April 3, 2023

April 3, 2023

31

Referring Other Matters to Magistrate Judge*

April 3, 2023

April 3, 2023

32

Referring Pretrial Matters to Magistrate Judge*

April 3, 2023

April 3, 2023

33

Appear*

April 4, 2023

April 4, 2023

36

Scheduling Order

June 26, 2023

June 26, 2023

37

Appear*

Aug. 16, 2023

Aug. 16, 2023

38

Stipulation and Order AND ~Util - Set Scheduling Order Deadlines

Aug. 24, 2023

Aug. 24, 2023

39

Amending Case Caption

Sept. 12, 2023

Sept. 12, 2023

40

Stipulation and Order AND ~Util - Set Scheduling Order Deadlines

Nov. 13, 2023

Nov. 13, 2023

41

Appear*

Nov. 14, 2023

Nov. 14, 2023

Text-Only Notice of Hearing Cancelled

Nov. 14, 2023

Nov. 14, 2023

42

Compel

March 14, 2024

March 14, 2024

43

Appear*

March 22, 2024

March 22, 2024

44

Response to Motion

March 28, 2024

March 28, 2024

45

Appear*

April 3, 2024

April 3, 2024

Appear*

April 3, 2024

April 3, 2024

46

Reply to Response to Motion

April 4, 2024

April 4, 2024

47

Adjourn

April 5, 2024

April 5, 2024

48

Order AND ~Util - Set Scheduling Order Deadlines AND ~Util - Terminate Motions

April 8, 2024

April 8, 2024

49

Appear*

April 18, 2024

April 18, 2024

50

Appear*

April 19, 2024

April 19, 2024

51

Appear*

May 2, 2024

May 2, 2024

52

Appear*

May 3, 2024

May 3, 2024

Text-Only Notice of Hearing Cancelled

May 3, 2024

May 3, 2024

53

Appear*

May 6, 2024

May 6, 2024

Text-Only Notice of Hearing Cancelled

May 6, 2024

May 6, 2024

Text-Only Notice of Hearing Cancelled

May 14, 2024

May 14, 2024

Strike AND Text-Only Order

May 14, 2024

May 14, 2024

55

Stipulation and Order AND ~Util - Set Scheduling Order Deadlines

May 21, 2024

May 21, 2024

56

Withdraw Motion

May 31, 2024

May 31, 2024

58

Stipulation and Order AND ~Util - Set Scheduling Order Deadlines

Oct. 24, 2024

Oct. 24, 2024

Strike AND Text-Only Order

Nov. 15, 2024

Nov. 15, 2024

61

Stipulation and Order AND ~Util - Set Scheduling Order Deadlines

Nov. 18, 2024

Nov. 18, 2024

62

Leave to File

Jan. 29, 2025

Jan. 29, 2025

63

Order on Motion for Leave to File

Jan. 30, 2025

Jan. 30, 2025

64

Summary Judgment

Jan. 31, 2025

Jan. 31, 2025

65

Summary Judgment

Jan. 31, 2025

Jan. 31, 2025

Notice of Receipt of Media File/Physical Object

Feb. 3, 2025

Feb. 3, 2025

67

Hearing on Motion*

Feb. 10, 2025

Feb. 10, 2025

68

Response to Motion

Feb. 21, 2025

Feb. 21, 2025

69

Response to Motion

Feb. 21, 2025

Feb. 21, 2025

70

Stipulation and Order AND ~Util - Set Deadlines/Hearings

March 4, 2025

March 4, 2025

71

Stipulation and Order

March 10, 2025

March 10, 2025

72

Response to Motion

March 10, 2025

March 10, 2025

73

Hearing on Motion*

March 14, 2025

March 14, 2025

Text-Only Notice of Hearing Cancelled

March 14, 2025

March 14, 2025

74

Reply to Response to Motion

March 21, 2025

March 21, 2025

75

Reply to Response to Motion

March 21, 2025

March 21, 2025

Text-Only Notice of Hearing Cancelled

April 8, 2025

April 8, 2025

Hearing on Motion*

April 9, 2025

April 9, 2025

77

OPINION and ORDER on 65 Plaintiffs' Motion for Summary Judgment and 64 Defendants' Motion for Summary Judgment. Signed by District Judge F. Kay Behm. (KCol)

Aug. 14, 2025

Aug. 14, 2025

RECAP
78

Judgment*

Aug. 14, 2025

Aug. 14, 2025

79

Notice of Appeal - 6th Circuit

Aug. 25, 2025

Aug. 25, 2025

80

Certificate of Service of Notice of Appeal - 6th Circuit*

Aug. 25, 2025

Aug. 25, 2025

Case Details

State / Territory:

Michigan

Case Type(s):

Speech and Religious Freedom

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: Nov. 1, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The Skyline Republican Club (a high school student organization in Ann Arbor, Michigan) and its president, a high school senior (suing through a parent)

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Ann Arbor Public Schools (Ann Arbor, Washtenaw), School District

Skyline High School (Ann Arbor, Washtenaw), School District

Defendant Type(s):

Elementary/Secondary School

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Freedom of speech/association

Other Dockets:

Eastern District of Michigan 2:22-cv-12632

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Discrimination Prohibition

Preliminary relief granted

Order Duration: 2022 - 2022

Issues

General/Misc.:

Education

Failure to supervise

Failure to train

Pattern or Practice

School/University Facilities

School/University policies

Discrimination Area:

Disparate Treatment