Cindy Bauer, fka Cindy Gamrat v. Edward McBroom, et al.
Article I § 17 of Michigan 's Constitution states in part, The right of all individuals, firms,
and corporations, and voluntary associations to fair and just treatment in the course of
legislative and executive investigations and hearings shall not be infringed. Courts have
relied upon Whitener v. McWatters and Boaan v. Scott-Harris to assert broad immunity
for legislative activities, however, immunity for violations of fair and just treatment during
Michigan legislative investigations and hearings would render the protections of Article I
§ 17 meaningless. Disenfranchisement of these protections has impacted 10 million
citizens. The question whether Article I § 17 affords Michigan citizens the protections of
fair and just treatment during legislative investigations and hearings, has not yet been
addressed by the Courts.
1. Whether Michigan 's Article I § 17 applies to legislative investigations and hearings
as written, affording Michigan citizens the protections of fair and just treatment. If so,
what are the standards of fair and just treatment during legislative investigations and
hearings?
2. Whether a heightened pleading bar set by the Sixth Circuit 's affirmation of the
District Court 's judgement granting Defendants-Appellees ' motions to dismiss based
on Rule 12(b)(6) and denial of motion to file a second amended complaint, is proper
for Constitutional claims of violations of due process protections and fair and just
treatment.
Whether Michigan's Article | § 17 affords Michigan citizens the protections of fair-and-just-treatment during legislative-investigations-and-hearings