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City of Allegan Complaint Filed

City of Allegan Complaint Filed

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Published by Keith Keith
Case 1:12-cv-00417 filed 04/30/2012 Michigan
Case 1:12-cv-00417 filed 04/30/2012 Michigan

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Published by: Keith Keith on May 01, 2012
Copyright:Attribution Non-commercial


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IN THE UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF MICHIGANSTATE REPRESENTATIVE DAVID AGEMA,ELIZABETH GRIFFIN, MARK GURLEY,and WILLIS SAGEPlaintiffs,v. COMPLAINT[Civil Rights Action under 42U.S.C. § 1983]CITY OF ALLEGAN; ROB HILLIARD, CityManager, City of Allegan; RICK HOYER,Chief of Police, City of Allegan; SGT. RON BOYSEN,Police Officer, City of Allegan; OFFICER JOSHMORGAN, Police Officer, City of Allegan; OFFICERMEL BRUMMEL, Police Officer, City of Allegan;ALLEGAN PUBLIC SCHOOL DISTRICT;KEVIN HARNESS, individually and in his officialcapacity as a superintendent in the Allegan PublicSchool District; JIM MALLARD, individually and inhis official capacity as a principal in the Allegan PublicSchool District; COUNCIL ON AMERICAN-ISLAMIC
AWUD WALID, CAIR-MIExecutive Director; PEOPLE FOR THE AMERICANWAY; MICHAEL B. KEEGAN, President of People Forthe American Way,Defendants.__________________________________________/ THOMAS MORE LAW CENTERRichard Thompson, Esq. (P21410)Erin Mersino, Esq. (P70886)24 Frank Lloyd Wright DriveP.O. Box 393Ann Arbor, MI 48106emersino@thomasmore.org(734) 827-2001__________________________________________/ 
Case 1:12-cv-00417 Doc #1 Filed 04/30/12 Page 1 of 34 Page ID#1
Plaintiffs, State Representative David Agema, Elizabeth Griffin, Mark Gurley, and Willis
Sage (collectively referred to as “Plaintiffs”), by and through their undersigned counsel, bring
this civil rights Complaint against the above-named Defendants, their employees, agents, andsuccessors in office, and in support thereof allege the following upon information and belief:
This case seeks to protect and vindicate fundamental constitutional rights. It is acivil rights action brought under the First and Fourteenth Amendments to the United StatesConstitution, 42 U.S.C. § 1983, and Michigan state
law, challenging Defendants’ acts, policies,
practices, customs, and/or procedures that deprived Plaintiffs of the right to engage in religiousand political speech and expressive activities in the City of Allegan, Michigan during the
“Constituting Michigan – 
Founding Principles Act” event
(hereinafter the
“free speech event”)
held on or about Thursday, January 26, 2012 at Allegan High School, Allegan, Michigan.
Defendants’ policies, practices
, customs, and/or procedures will continue to deprive Plaintiffs of their fundamental constitutional rights at future speaking events in the City of Allegan
(hereinafter “City”)
The City’s acts, policies, practices, customs, and/or procedures,
and its failure toadequately train and supervise its police officers were each a moving force behind theconstitutional violations in this case.3.
The City and its highest ranking officials, including the chief of police, DefendantHoyer, in conjunction, agreement, and cooperation with police officers and school officials,
worked together, acted with reckless and callous indifference to Plaintiffs’ constitutional rights,
and in fact did jointly engage in conduct that deprived Plaintiffs of their fundamental
Case 1:12-cv-00417 Doc #1 Filed 04/30/12 Page 2 of 34 Page ID#2
constitutional rights. Defendants’ actions were
taken to silence, chill, and stop Plaintiffs fromengaging in constitutionally protected activities; and did so silence, chill, and stop Plaintiffs.4.
The City worked in concert with Defendant Allegan Public School District
(hereinafter referred to as “School District”)
to restrict Plaintiffs from engaging in theirconstitutional rights to Free Speech and Free Assembly.5.
As set forth in this Complaint, the policies, practices, customs, and/or proceduresof Defendant School District and its failure to adequately train and supervise its employees,including Defendant Jim Mallard and Defendant Kevin Harness were each a moving forcebehind the constitutional violations in this case.6.
Defendants School District and Mallard breached its Contract with Plaintiffs byfailing to perform its obligations under the mutually agreed upon Contract with Plaintiffs afterPlaintiffs fulfilled their obligations.7.
Defendants CAIR and Walid and Defendants People For the American Way andKeegan, acting both individually and for and on behalf of CAIR and People For the AmericanWay, tortiously interfered with the Contract between Defendants School District and Mallardand Plaintiffs, which caused the breach.8.
Plaintiffs seek a declaration that Defendants violated their clearly establishedconstitutional rights as set forth in this Complaint; a declaration that Defendants breached theirContract with Plaintiffs as set forth in this Complaint; a declaration that Defendants tortiouslyinterfered with Plaintiffs
Contract as set forth in this Complaint; a declaration that Defendants intheir individual capacity acted with callous indifference for
Plaintiffs’ clearly established
constitutional rights as set forth in this Complaint; a preliminary and permanent injunction
enjoining the enforcement of Defendants’ unconstitutional acts, policies, practices, customs,
Case 1:12-cv-00417 Doc #1 Filed 04/30/12 Page 3 of 34 Page ID#3

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