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)

Judge(s)

Borman, Paul D. (Michigan)

Attorney for Plaintiff

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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 March 9, 2024, 3:11 a.m.

ECF Number Description Date Link Date / Link

Notice of Error

Nov. 1, 2022

Nov. 1, 2022

PACER

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

PACER

Addition of Parties

Nov. 1, 2022

Nov. 1, 2022

PACER
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

Clearinghouse

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

PACER

Error

Nov. 1, 2022

Nov. 1, 2022

PACER
2

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

Nov. 2, 2022

Nov. 2, 2022

PACER
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

PACER

Certificate of Service

Nov. 3, 2022

Nov. 3, 2022

PACER
4

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

Nov. 3, 2022

Nov. 3, 2022

PACER
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

PACER

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

PACER

Motion Hearing

Nov. 4, 2022

Nov. 4, 2022

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER

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

PACER
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

PACER
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

Clearinghouse
15

Transcript

Nov. 9, 2022

Nov. 9, 2022

PACER
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

PACER
17

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

Nov. 22, 2022

Nov. 22, 2022

PACER
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

PACER

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

PACER
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

PACER
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

PACER
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

PACER
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

PACER

Text-Only Reassignment

Feb. 6, 2023

Feb. 6, 2023

PACER
23

Scheduling Order

Feb. 22, 2023

Feb. 22, 2023

PACER
24

Referring Other Matters to Magistrate Judge*

Feb. 22, 2023

Feb. 22, 2023

PACER
25

Referring Pretrial Matters to Magistrate Judge*

Feb. 22, 2023

Feb. 22, 2023

PACER

Text-Only Reassignment

March 13, 2023

March 13, 2023

PACER
30

~Util - Set Scheduling Order Deadlines AND Order

April 3, 2023

April 3, 2023

PACER
31

Referring Other Matters to Magistrate Judge*

April 3, 2023

April 3, 2023

PACER
32

Referring Pretrial Matters to Magistrate Judge*

April 3, 2023

April 3, 2023

PACER
33

Appear*

April 4, 2023

April 4, 2023

PACER
36

Scheduling Order

June 26, 2023

June 26, 2023

PACER
37

Appear*

Aug. 16, 2023

Aug. 16, 2023

PACER
38

Stipulation and Order AND ~Util - Set Scheduling Order Deadlines

Aug. 24, 2023

Aug. 24, 2023

PACER
39

Amending Case Caption

Sept. 12, 2023

Sept. 12, 2023

PACER
40

Stipulation and Order AND ~Util - Set Scheduling Order Deadlines

Nov. 13, 2023

Nov. 13, 2023

PACER
41

Appear*

Nov. 14, 2023

Nov. 14, 2023

PACER

Text-Only Notice of Hearing Cancelled

Nov. 14, 2023

Nov. 14, 2023

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Speech and Religious Freedom

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):

Private Plaintiff

Non-profit NON-religious organization

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

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2022 - 2022

Content of Injunction:

Preliminary relief granted

Discrimination Prohibition

Issues

General:

Education

Failure to supervise

Failure to train

Pattern or Practice

School/University Facilities

School/University policies

Discrimination-area:

Disparate Treatment

Type of Facility:

Government-run