No. 20-6852

Cindy Bauer, fka Cindy Gamrat v. Edward McBroom, et al.

Lower Court: Sixth Circuit
Docketed: 2021-01-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-interpretation due-process fair-and-just-treatment fair-treatment legislative-immunity legislative-investigations-and-hearings pleading-standard pleading-standards sixth-circuit
Latest Conference: 2021-03-19
Question Presented (from Petition)

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.

Question Presented (AI Summary)

Whether Michigan's Article | § 17 affords Michigan citizens the protections of fair-and-just-treatment during legislative-investigations-and-hearings

Docket Entries

2021-03-22
Petition DENIED.
2021-02-25
DISTRIBUTED for Conference of 3/19/2021.
2021-01-26
Waiver of right of respondents Keith Allard and Benjamin Graham to respond filed.
2021-01-19
Waiver of right of respondents Brock Swartzle and Norm Saari to respond filed.
2021-01-14
Waiver of right of respondents Edward McBroom, Tim Bowlin, Hassan Beydoun, and Kevin Cotter to respond filed.
2020-12-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 12, 2021)

Attorneys

Brock Swartzle and Norm Saari
Cameron J. EvansEvans Law Group, PC, Respondent
Cindy Bauer
Cindy Bauer — Petitioner
Edward McBroom, Tim Bowlin, Hassan Beydoun, and Kevin Cotter
Gary P. GordonDykema Gossett, PLLC, Respondent
Keith Allard and Benjamin Graham
Sarah M. Riley HowardPinsky, Smith, Fayette & Kennedy, LLP, Respondent