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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN CHARLES N. KAMINSKI

, Individually and Representing All Others Similarly Situated Who Are Members of The

LINCOLN PARK POLICE

Hon.

AND FIRE RETIREES ASSOCIATION, INC

., And

MICHAEL J. MOULIOS

, Individually and Case No. Representing All Others Similarly Situated Who Are Members of The

LINCOLN PARK MUNICIPAL EMPLOYEES RETIREES ASSOCIATION, Inc

.,

JURY DEMAND INCLUDED

Plaintiffs,

–

v

–

BRAD L. COULTER

, Individually and In His Official Capacity as The

State-Appointed Emergency Manager

For

The City Of Lincoln Park

,

R. KEVIN CLINTON,

Individually and In His Official Capacity as The Treasurer for

The State Of Michigan

,

THOMAS E. KARNES

, Individually and In His Official Capacity as

The Mayor

of The

City of Lincoln Park

, Michigan and Commissioner of The City of the Lincoln Park, Michigan,

Police and Fire Retirement Commission

,

LARRY KELSEY

, Individually and in His Official Capacity as an Elected

City Council Member

for the

City of Lincoln Park

, Michigan and Member of The Lincoln Park, Michigan


,

PATRICK CULTER

, Individually and in His Official Capacity as a Member of The Lincoln Park, Michigan


,

MATT SADOWSKI,

Individually and as a Member of The Lincoln, Michigan Park


,

THOMAS JANKOWSKI

, Individually and as a Member of The Lincoln Park, Michigan


,

THOMAS MURPHY

, Individually and as a Member of the

City Council

of Lincoln Park;

MARK KANDES

, Individually and as a member of the

City Council

of Lincoln Park and the former

Municipal Employees Retirement Commission; CLIFFORD HARRIS

, Individually and as a Member of the Former Municipal Employees Retirement Commission;

FRANK VASLO

, Individually and in His Official Capacity as The Mayor and member of the former Municipal Employees Retirement Commission;

LISA GRIGGS

, Individually and in Her Official Capacity as a Member of the former Municipal Employees Retirement Commission;

JANICE HOCHBERG

, Individually and in Her Official Capacity as a Member of the former Municipal Employees Retirement Commission;

JOHN DiFRANCESCO

, Individually and as a Member of the former Municipal Employees Retirement System;

ELLIOT ZELENAK


City Council

of Lincoln Park;

MARIO

2:15-cv-12810-GAD-RSW Doc # 1 Filed 08/10/15 Pg 1 of 25 Pg ID 1

2

DESANTO


City Council

of Lincoln Park;

CHRISTOPHER DARDZINSKI


City Council

of Lincoln Park,

THE CITY OF LINCOLN PARK, MICHIGAN

,

THE POLICE AND FIRE RETIREMENT COMMISSION OF THE CITY OF LINCOLN PARK, MICHIGAN

, and the

CITY OF LINCOLN PARK, MICHIGAN, GENERAL EMPLOYEES RETIREMENT COMMISSION, JOINT AND SEVERAL

, Defendants.

Mark A. Porter (P-42280

) Attorney for Plaintiffs Mark A. Porter & Associates PLLC 551 East 11 Mile Road

–

Suite 3-D

P. O. Box 71527 Madison Heights, Michigan 48071-0527

(248) 547

–

1911 / (248) 547

–

1917 FAX

mporter@map-law.com VERIFIED CLASS ACTION COMPLAINT FOR DAMAGES AND REQUEST FOR INJUNCTIVE RELIEF

NOW COME THE PLAINTIFFS, on behalf of themselves as well as those similarly situated, and by and through their counsel of record, to state to the Court:

JURISDICTION AND VENUE

1. The Plaintiffs plead that they possess specific and detailed retiree health care benefits, based upon accrual and vested retirement rights recognized in

Litton Financial Printing Div. v N.L.R.B.,

501 U.S. 190, 192, 206-207, 111 S. Ct. 221 (1991); that case cited with approval by the Supreme Court in

M&G Polymers v. Tackett

, U.S. , 135 S. Ct. 926 (2015) (Docket No. 13-1010). They allege that the Defendants on July 01, 2015, completely eliminated those benefits contrary to the U.S. Constitution; and that

the Court’s

jurisdiction is pursuant to 42 USC §1983 and 28 USC §1331. All actions took place within the venue of this Court, pursuant to 28 USC §1391, and Defendants of the State, or who are or were members of the City Council, the Police and Fire Retirement Commission, and the General Employees Retirement Commission, conducted their business within the judicial district of this Court.


3 2. Pursuant to Rule 23(a), Rule 23(b)(1), and (2) of the Federal Rules of Civil Procedure, the Lead Plaintiffs attest that they are representative of a class of Plaintiffs who are members of two non-profit corporations that limit membership to retirees of the City of Lincoln Park, Michigan, and their surviving dependents whose specific healthcare benefits were included in collective bargaining agreements and statutory enactments by the City of Lincoln Park, Michigan. 3. The impairments and removal of healthcare benefits as pleaded in this Complaint entitle Plaintiffs to injunctive and declaratory relief pursuant to 42 USC §1983. 4.

The taking of Plaintiffs’ property

by Defendants

Brad L. Coulter

and

R. Kevin Clinton

without substantive and procedural due process, as well as without just compensation is contrary to the U.S. Constitution and actionable under 42 USC §1983. 5. The named Defendants of the State of Michigan and the City of Lincoln Park, and the City of Lincoln Park Retirement Commissions acted pursuant to official policies and customs meant to deprive Plaintiffs of their specific vested and protected healthcare benefits.

THE PARTIES

6. Plaintiffs reincorporate by reference Paragraphs 1-5. 7.

Charles N. Kaminski

retired from the City of Lincoln Park [“

the City

”] and its

Police Department in 2004, in response to repeated offers by the City to induce its active workers

to retire in “early

-

out” programs with the same collective bargained retirement benefits as would

have been present at the normal retirement date.

Plaintiff Kaminski’s “Other Post Employment

Benef

its,” also known as “

OPEBs

,” included specific healthcare insurance benefits which

defined deductibles and co-pays [

Attachment #2

]. He was the leading advocate to form and

incorporate the Plaintiff “

Lincoln Park Police and Fire Retirees Association, Inc.,

” and serves


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