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Published: July 21, 2010

On July 21, 2010, the United States District Court for the Eastern District of Michigan granted a complete dismissal of the Plaintiff’s federal lawsuit in which he asserted that Flint Township, its supervisor and its building official violated the First Amendment. The Defendants were defended by McGraw Morris P.C. attorneys Thomas J. McGraw and Stacy J. Belisle. Prior to filing his federal lawsuit, Plaintiff sued Flint Township and its supervisor in Genesee County Circuit Court, asserting that the Township and its supervisor violated Michigan’s Elliot-Larson Civil Rights Act by retaliating against him after he refused to shut down a local business on the basis of the owners’ race. On October 26, 2009, the state circuit court dismissed Plaintiff’s state lawsuit in its entirety. Plaintiff then filed the federal action. Defendants asserted that Plaintiff’s federal action should be dismissed because the federal action asserted claims that were identical to those in the dismissed state case. The federal court agreed and dismissed Plaintiff’s federal lawsuit in its entirety holding that Plaintiff should have amended his state lawsuit, because the federal allegations arose out of the same circumstances alleged in the state action.


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