By Ben Solis
Gongwer News Service
A federal judge has dismissed a lawsuit against the state and various court officials on immunity grounds, which alleged the plaintiff had his constitutional rights violated by being told that he could not record a court clerk's office employees.
U.S. District Judge Hala Jarbou last Wednesday issued an order adopting a report and recommendation from a magistrate regarding Molina v. Michigan (USWDM Docket No. 24-00899). The report and recommendation suggested the complaint and its requests for a temporary restraining order and preliminary injunction be dismissed on immunity grounds.
The plaintiff in the case is a Wyoming resident who is known to record public officials in public areas of Michigan courthouses to ensure transparency and accountability, but the report and recommendation for dismissal said he may also be involved in a legal proceeding before the 62-A Wyoming District Court.
That said, his initial complaint alleged he was notified his recordings violated Michigan court rules that prohibit recording or livestreaming without prior consent. He also alleged he was threatened with arrest for trespassing in the process of violating those court rules.
U.S. Magistrate Sally Berens reviewed the matter, and the complaint failed to state a claim and that the parties had immunity from suit under the 11th Amendment.
"Regardless of the form of relief requested, the states and their departments are immune under the 11th Amendment from suit in the federal courts, unless the state has waived immunity, or Congress has expressly abrogated 11th Amendment immunity by statute," Berens wrote. "In addition, to the extent Molina sues Judge Cortes or the 62A District Court Clerk or Administrator in their official capacities for money damages, such claims are also barred by the 11th Amendment because Michigan's courts are arms of the state of Michigan entitled to immunity."
The plaintiff's First Amendment free expression argument also failed, Berens said, adding that the cases he cited did not support his position under the alleged facts.
"Neither case addressed an individual's right to record public employees performing their duties inside a government building dedicated to a specific government function," Berens wrote.
In an order issued last Wednesday, Jarbou agreed with Berens and dismissed the complaint. She also noted that no objections were filed to the report and recommendation, and the deadline for doing so has passed.
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