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4:14-cv-11499 #21

4:14-cv-11499 #21

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Published by Equality Case Files
Doc 21 - Defendants' Motion to Dismiss
Doc 21 - Defendants' Motion to Dismiss

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Published by: Equality Case Files on Jun 06, 2014
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 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MARSHA CASPAR, GLENNA DEJONG, CLINT MCCORMACK, BRYAN REAMER, FRANK COLASONTI, JR., JAMES BARCLAY RYDER, SAMANTHA WOLD, MARTHA RUTLEDGE, JAMES ANTEAU, JARED HADDOCK, KELLY CALLISON,  ANNE CALLISON, BIANCA RACINE, CARRIE MILLER, MARTIN CONTRERAS, and KEITH ORR, Plaintiffs, v RICK SNYDER, in his official capacity as Governor of the State of Michigan; MAURA CORRIGAN, in her official capacity as Director of the Michigan Department of Human Services; PHIL STODDARD, in his official capacity as Director of the Michigan Office of Retirement Services; and JAMES HAVEMAN, in official capacity as Director of the Michigan Department of Community Health; Defendants. No. 14-cv-11499 HON. MARK A. GOLDSMITH
DEFENDANTS’ MOTION T
O DISMISS
4:14-cv-11499-MAG-MKM Doc # 21 Filed 06/05/14 Pg 1 of 39 Pg ID 332
 
 2 Daniel S. Korobkin (P72842) Michael J. Steinberg (P43085) Brook A. Merriweather-Tucker  Attorney for Plaintiffs  ACLU Fund of Michigan 2966 Woodward Ave. Detroit, MI 48201 (313) 578-6824 John A. Knight  Attorney for Plaintiff  ACLU Foundation 180 N. Michigan Ave., Ste. 2300 Chicago, IL 60601 (312) 201-9740 x335  Andrew Nickelhoff (P37990)  Attorney for Plaintiffs Sachs Waldman, P.C. 2211 E. Jefferson Ave., Ste. 200 Detroit, MI 48207 (313) 496-9429 Michael F. Murphy(P29213) Joshua O. Booth (P53847) Christina M. Grossi (P67482)  Attorney for Defendants MI Dept. of Attorney General State Operations Division P.O. Box 30754 Lansing, MI 48909 (517) 373-1162
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Defendants Richard Snyder, Governor of Michigan, Maura Corrigan, Director of Michigan Department of Human Services, Phil Stoddard, Director of Michigan Office of Retirement Services; and James Haveman, Director of Michigan Department of Community Health, by and through counsel, move under Fed. R. Civ. P. 12(b)(1) and (6), to dismiss
Plaintiffs’ Complaint and state:
 1.
 
The undersigned counsel certifies that counsel communicated in writing with opposing counsel on June 2, 2014, explaining the
4:14-cv-11499-MAG-MKM Doc # 21 Filed 06/05/14 Pg 2 of 39 Pg ID 333
 
 3 nature of the relief to be sought by way of this motion and seeking concurrence in the relief. 2.
 
Plaintiffs have failed to state a claim under 42 U.S.C. § 1983, because Defendants are jurisdictionally immune from liability and the relief sought is not available against these Defendants. 3.
 
Declaratory relief is not available under the Declaratory Judgment Act. 4.
 
Plaintiffs fail to state a claim as to a violation of substantive due process under the Fourteenth Amendment to the U.S. Constitution. 5.
 
Plaintiffs fail to state a claim under the equal protection clause of the Fourteenth Amendment to the U.S. Constitution. 6.
 
Some Plaintiffs lack standing to maintain an action in federal court. 7.
 
This action is not ripe for review by a federal court. WHEREFORE, Defendants respectfully request that this Court grant their Motion to Dismiss the Complaint, award Defendants costs and attorney fees in defending this action,
and deny Plaintiffs’ claim for
attorney fees and costs.
4:14-cv-11499-MAG-MKM Doc # 21 Filed 06/05/14 Pg 3 of 39 Pg ID 334

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