UNITED STATES DISTRICT COURTEASTERN DISTRICT OF MICHIGANSOUTHERN DIVISIONAPRIL DEBOER, individually and as parentand next friend of N.D.-R, R.D.-R., and J.D.-R,minors, and JAYNE ROWSE, individually and as parentand next friend of N.D.-R, R.D.-R., and J.D.-R,minors,Plaintiffs, ED Mi No. 12-10285Honorable Bernard A. Friedman -vs-RICHARD SNYDER, in his official capacity asGovernor of the State of Michigan,BILL SCHUETTE, in his official capacity asMichigan Attorney General, andBILL BULLARD, JR., in his official capacity asOakland County Clerk,Defendants. /
AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
PARTIES
1. Plaintiffs April DeBoer and Jayne Rowse are citizens and residents of Hazel Park,Oakland County, Michigan, in the Eastern District of Michigan, Southern Division. DeBoer andRowse each appear individually and as parent and next friend of N.D.-R, R.D.-R., and J.D.-R,minors.2. Defendant Richard Snyder is sued in his official capacity as Governor of the State of Michigan. Snyder is a person within the meaning of 42 U.S.C. §1983, and he is, was, and will beacting under color of state law at all times relevant to this Complaint.1
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3. Defendant Bill Schuette is sued in his official capacity as Michigan Attorney General.Schuette is a person within the meaning of 42 U.S.C. §1983, and he is, was, and will be actingunder color of state law at all times relevant to this Complaint.4. Defendant Bill Bullard, Jr. is sued in his official capacity as the Oakland CountyClerk. Bullard is a person within the meaning of 42 U.S.C. §1983, and he is, was, and will beacting under color of state law at all times relevant to this Complaint.
JURISDICTION AND VENUE
5. Plaintiffs bring this action under 42 U.S.C. §§1983 and 1988 to redress the deprivationunder color of state law of rights secured by the United States Constitution.6. This Court has jurisdiction pursuant to 28 U.S.C. §1331 and 1343. Jurisdiction togrant the declaratory relief requested is provided under 28 U.S.C. §2201.7. Venue is proper in this district pursuant to 28 U.S.C. §1391(b) because Defendantsreside and have offices within the district, because Plaintiffs reside in this district, and becausethe events giving rise to Plaintiffs’ claims occurred, and will occur, in this district.
FACTS
8. DeBoer and Rowse are domestic partners in a long term stable relationship. After along and close friendship, they became partners, they have resided together for six years, theyown a home together, and as described herein, they are the parents of the different minorplaintiffs in this case.9. DeBoer is and was employed as a nurse in the neonatal intensive care unit at HutzelHospital in Detroit, Michigan. Rowse is and was employed as an emergency room nurse atHenry Ford Hospital in Detroit, Michigan.2
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10. R was born on Februrary 1, 2010, and was brought to Hutzel Hospital as a newborn.R’s biological mother was 19 years old, she did not receive pre-natal care, and she had givenbirth at her mother’s home. R was legally adopted by DeBoer, as a single person, in April of 2011, in Wayne County Circuit Court. R continues to experience issues related to her lack of pre-natal care, including delayed gross motor skills. She is in a physical therapy program to addressthese problems.11. N was born on January 25, 2009,to a biological mother who was homeless, hadpsychological impairments, was unable to care for N and subsequently surrendered her legalrights to N. N’s biological father was not identified on the birth certificate and was otherwise notinvolved in his life. DeBoer and Rowse volunteered to care for him, and brought him homefollowing his birth. Thereafter, in November of 2009, N was legally adopted by Rowse, as asingle person, in Wayne County Circuit Court.12. J was born on November 9, 2009, at Hutzel Hospital, premature at 25 weeks, to adrug addicted prostitute. Upon birth, he weighed 1 pound, 9 ounces and tested positive formarijuana, cocaine, opiates and methadone. His birth mother abandoned him immediately afterdelivery. J remained at the hospital in the NICU for four months with myriad different healthcomplications, and was not expected to live. If he survived, he was not expected to be able towalk, speak or function on a normal level in any capacity. J’s foster care agency requested thatDeBoer and Rowse take him home, and both DeBoer and Rowse were certified by the State asfoster parents and legal guardians for J. Thereafter, Rowse adopted J as a single person inWayne County Circuit Court. J is in intensive occupational and physical therapy. With Rowseand DeBoer’s constant care and medical attention, many of J’s physical conditions have resolved.3
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