On May 13, 2013, registered voters of the City of Detroit and the Detroit chapter of the National Association for the Advancement of Colored People ("NAACP") filed suit against the State of Michigan in the U.S. District Court for the Eastern District of Michigan. Represented by the NAACP and the ...
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On May 13, 2013, registered voters of the City of Detroit and the Detroit chapter of the National Association for the Advancement of Colored People ("NAACP") filed suit against the State of Michigan in the U.S. District Court for the Eastern District of Michigan. Represented by the NAACP and the Arab-American Civil Rights League, Plaintiffs asserted that their constitutional rights to equal protection and to participate in the political process were violated when the state appointed Emergency Managers to localities pursuant to Public Act 436, MCL §§ 141.1541 et seq. ("PA 436"). Filing the action pursuant to 42 U.S.C. § 1983, plaintiffs argued that the appointment of Emergency Managers to specific localities disproportionately impacted African Americans and generally violated political rights of the residents of those localities. Also, pursuant to Section 5 of the Voting Rights Act, 42 U.S.C. § 1973(c), plaintiffs argued that since part of the state was under a pre-clearance requirement, PA 436 was invalid because it impacted the power of certain citizens' vote without receiving pre-clearance. Thus, plaintiffs sought a declaration that PA 436 violated the Equal Protection Clause and the Due Process Clause of the fourteenth amendment, and a preliminary and permanent injunction prohibiting the state from implementing or enforcing PA 436, prohibiting Emergency Managers exercising authority pursuant to PA 436, and invalidating any actions taken by Emergency Managers in that capacity.
In response to the Supreme Court's ruling in Shelby County v. Holder
, plaintiffs filed an amended complaint on June 27, 2013. In place of the count invoking Section 5 of the Voting Rights Act, plaintiffs included a count seeking that the court order cities with Emergency Manager under pre-clearance pursuant to Section 3 of the Voting Rights Act.
On July 11, 2013, the state moved to dismissed all count of plaintiffs' amended complaint. That motion is currently pending.Dan Osher - 07/13/2013