JAMES R. FOUTS v. WARREN CITY COUNCIL; SONJA BUFFA; ANTHONY FORLINI; CITY OF WARREN ELECTION COMMISSION - Articles

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JAMES R. FOUTS v. WARREN CITY COUNCIL; SONJA BUFFA; ANTHONY FORLINI; CITY OF WARREN ELECTION COMMISSION

Posted by: Karen Belcher on Apr 2, 2024

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ON BRIEF: Nabih H. Ayad, AYAD LAW, PLLC, Detroit, Michigan, for Appellant.

Attorneys 2: ON BRIEF: Mary Massaron, PLUNKETT COONEY, Bloomfield Hills, Michigan, for Appellee Warren City Council.

Attorneys 3: ON BRIEF: Mary Michaels, CITY OF WARREN, Warren, Michigan, for Appellees Sonja Buffa and City of Warren Election Commission.

Attorneys 4: ON BRIEF: Frank Krycia, MACOMB COUNTY, Mount Clemens, Michigan, for Appellee Anthony Forlini.

Judge(s): CLAY, McKEAGUE, and NALBANDIAN, Circuit Judges

Court Appealed: United States District Court for the Eastern District of Michigan at Detroit

CLAY, Circuit Judge. Plaintiff James R. Fouts, the former mayor of Warren, Michigan, appeals the district court’s dismissal of his complaint against Defendants Warren City Council, Warren City Election Commission, Anthony G. Forlini, in his capacity as the Macomb County Clerk, and Sonja D. Buffa, in her capacity as the Warren City Clerk. Fouts brought claims under 42 U.S.C. § 1983, alleging that Defendants violated his First, Fifth, and Fourteenth Amendment rights by retroactively applying a new term-limit provision to bar him from running for a fifth term as Warren’s mayor. For the reasons set forth below, we AFFIRM the district court’s dismissal of Fouts’ complaint.

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