Here are the highlights for April:
* On April 1, we filed a motion for a preliminary injunction in our federal lawsuit filed against Oakland County, the Oakland County Prosecutor, and others, seeking to enjoin the prosecutor from enforcing the bogus “terrorist threat” felony statute against our client, Andrew Hess.
Following the dismissal of the criminal charge against Hess, on March 10, we filed a federal civil rights lawsuit against Oakland County, Michigan, its prosecutor and sheriff as well as two other government officials, for malicious prosecution, selective prosecution, violation of the First, Fourth, and Fourteenth Amendments, civil conspiracy, and defamation.
The County Prosecutor has vowed to continue her pursuit of Hess, claiming that Hess’s political speech made during a recount held in the County on December 15, 2023, constituted a “terrorist threat” (Hess claimed that government officials who cheat on elections should be tried and punished for treason, which is core political speech) and is thus not protected by the First Amendment.
The prosecutor is wrong, and we are asking the federal court to protect Hess’s fundamental rights.
You can read more about this case here.
* On April 12, and following an adverse (and not surprising given the nature of the case) ruling by a three-judge panel of the U.S. Court of Appeals for the Second Circuit, we filed a petition for rehearing en banc, asking the full court (en banc) to take up our civil rights lawsuit against New York Attorney General Latitia James.
Our federal lawsuit was filed against the New York Attorney General for her defamatory labelling of Red Rose Rescue as a “terrorist organization” and those who associate with the pro-life group as “terrorists.”
The district court judge dismissed the lawsuit, finding that when the chief law enforcement officer for the State of New York labeled pro-lifers as “terrorists” she was simply engaging in hyperbole.
As we set forth in our briefs and during oral argument with the openly hostile three-judge panel, the law is clearly established that falsely accusing someone of a heinous crime such as terrorism or belonging to a criminal organization is defamation per se.
We also forcefully argued that this unlawful designation violated the pro-lifers’ right to expressive association by deterring others from joining or supporting the organization for fear of criminal repercussions for doing so.
We intend to take the case to the U.S. Supreme Court.
* On April 18, we responded to yet a third motion to dismiss filed by the City of Los Angeles and the Los Angeles Police Department in our precedent-setting, class-action homelessness case.
We filed the putative class action in the U.S. District Court for the Central District of California on behalf of our client Adom Ratner-Stauber, a substantial LA property owner and manager, against the City of Los Angeles and the Los Angeles Police Department.
The lawsuit alleges that the City’s shuffling of the homeless onto or near private property effectively destroys the value of the property and amounts to a violation of the Takings Clause of the U.S. Constitution, a de facto condemnation under the California Constitution, and it creates public nuisances.
The federal court had earlier denied the City’s second motion to dismiss the case after striking the first such motion for violating the rules. Taking yet a third-bite of the apple, the City has made the argument that property owners have no standing to sue the City because the City should not be subject to discovery like every other defendant. This argument should fail as well, and the City will actually have to go through the discovery process.
* On April 21, we filed a reply brief in support of our motion for a preliminary injunction in our federal lawsuit against Newfield Township, Michigan, a local marijuana establishment, and several local and state officials, seeking to halt the operation of a marijuana facility, which is illicit under federal law, while the case proceeds.
This facility is a public nuisance, and it is harming the property interests of our clients, a husband and wife who reside with their children in their home, which is less than 300 yards away from this facility. And the noxious emissions from this facility are causing physical harm to the family.
When our client complained to the Township about the operation of this marijuana establishment, Township officials retaliated against him by charging him with multiple bogus zoning violations while turning a blind eye to the illicit operations of the facility.
The request for a preliminary injunction is based on our claims under the federal Racketeer Influenced and Corrupt Organizations Act (RICO) and Michigan nuisance law.
* On April 23 and 25, we took the depositions of the former City of Tulsa, Oklahoma Chief of Police and three witnesses for the City in our lawsuit against them brought by former Tulsa police officer Wayne Brown. Brown was fired based on complaints about conservative social media posts he made years prior to being hired as a police officer by the City. These depositions follow our successful appeal to the U.S. Court of Appeals for the Tenth Circuit, which reinstated our First Amendment claim after the district court wrongfully dismissed it.
You can read more about this case here.
* On April 30, we filed a response in opposition to yet another patently frivolous filing by Genoa Township in our lawsuit against this municipality for denying Catholic Healthcare International, Inc. (CHI) the right to build a prayer campus and modest adoration chapel on its 40-acre property in the Township.
You can read more about this egregious violation of the right to free exercise of religion here.
We have a motion for partial summary judgment that has been pending with the court since November 2023. We filed this lawsuit in June 2021, and it has been to the U.S. Court of Appeals for the Sixth Circuit twice, resulting in rulings favorable to CHI.
Pray that justice will finally be done in this case!
Thank you for your prayers and financial support. We couldn’t do what we do without them!