JOHN DOES 1–5 v. GRETCHEN WHITMER; RICHARD DALE SNYDER; JOSEPH GASPAR; KRISTE KIBBEY ETUE - Articles

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JOHN DOES 1–5 v. GRETCHEN WHITMER; RICHARD DALE SNYDER; JOSEPH GASPAR; KRISTE KIBBEY ETUE

Posted by: Tanja Trezise on May 30, 2023

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Paul Matouka, OLIVER LAW GROUP, P.C., Troy, Michigan, for Appellants.

Attorneys 2: ARGUED: Scott L. Damich, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellees.

Attorneys 3: ON BRIEF: Paul Matouka, Alyson Oliver, OLIVER LAW GROUP, P.C., Troy, Michigan, for Appellants.

Attorneys 4: ON BRIEF: Scott L. Damich, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellees.

Judge(s): BOGGS, McKEAGUE, and THAPAR, Circuit Judges

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

BOGGS, Circuit Judge. Five sex offenders allege that the Michigan State Police (MSP) continued to enforce provisions of Michigan’s Sex Offender Registration Act (SORA) against them even after federal courts declared those provisions unconstitutional. In this 42 U.S.C. § 1983 action, the plaintiffs seek damages from high ranking Michigan officials, alleging that they oversaw and failed to stop the police’s unconstitutional actions. The district court dismissed the complaint on various grounds, including sovereign immunity, and the plaintiffs appealed. We affirm, but on different grounds than the district court. The district court properly granted the motion to dismiss because the plaintiffs fail to state a claim of supervisory liability.

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