Documentos de Académico
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v.
COMPLAINT
INGHAM COUNTY BOARD OF
COMMISSIONERS,
Defendant.
INTRODUCTION
religious practices and speech concerning foster care, and because the
charity recently won protection for its rights in a lawsuit against the
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program that serves Ingham County, so the Board’s actions mean fewer
actor who at least claimed that the charity’s services were subpar.
officials who at least pretend publicly that they are not engaged in base
retaliation.
4. This is not one of those cases. The Board expressly and repeatedly
St. Vincent both for its religious speech, practices, and beliefs, and for
Buck.
5. Absent an order from this Court, the Board will likely continue to
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within the next two months alone, the Board’s retaliation may extend to
6. During that same time, St. Vincent will be preparing its Sixth
St. Vincent needs to know that it is free to defend itself before the Sixth
IDENTIFICATION OF PARTIES
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Lansing.
10. St. Vincent’s vision is to have faith in God and love for all, as it
the well-being of its neighbors, affirming the God-given dignity and worth
performing the corporal and spiritual works of mercy. In this way, those
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served:
Then the King will say to those at his right hand, “Come, O
blessed of my Father, inherit the kingdom prepared for you
from the foundation of the world; for I was hungry and you
gave me food, I was thirsty and you gave me drink, I was a
stranger and you welcomed me, I was naked and you clothed
me, I was sick and you visited me, I was in prison and you
came to me. . . . Truly, I say to you, as you did it to one of the
least of these my brethren, you did it to me.”
Matthew 25:34-40. St. Vincent exercises its faith and carries out this
Michigan. The State exercises no control over the Board or its legislative
actions. The County maintains the right to sue and be sued, enter into its
own contracts, hold real and personal property, raise taxes, borrow
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administrative functions.
14. The Board annually elects from its ranks a Chairperson, Vice-
contracts and controls the Ingham County budget. The Board contracts
16. This action arises under the Constitution and laws of the United
States. The Court has subject matter jurisdiction under 28 U.S.C. §§ 1331
and 1343.
17. This Court has general personal jurisdiction over the Board
because it is domiciled in the State. The Court also has specific personal
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jurisdiction over the Board because this case arises exclusively from its
18. The Court has authority to issue the declaratory and injunctive
19. The Court also has the authority to issue injunctive relief against
FACTUAL ALLEGATIONS
21. Each year, over one hundred refugees are resettled in Ingham
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County, and has provided resettlement services for more than four
permanent homes. St. Vincent staff secure and set up initial housing,
pick refugees up from the airport, and make sure they have access to food.
provides job readiness, and job developers help refugees secure jobs. The
St. Vincent’s staff help refugees through their health screenings and
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including those who have fled their homelands due to persecution for
their sexual orientation. In the past ten years, St. Vincent has welcomed
25. Because local, state, and federal government agencies oversee and
Without these contracts, St. Vincent would quickly lose the ability to
down its existing programs, and lay off staff who serve those refugees.
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availability of these services, to the people who need them, there’s not
really any way around that . . . .” Audio: Ingham Cty. Human Servs.
https://perma.cc/NR7G-SRAJ.
orientation.
28. St. Vincent provides the same services to LGBTQ refugees that it
provides to all other refugees. St. Vincent has never been unable to serve
aware of any complaints by LGBTQ refugees against the agency and its
services.
to annually renewed contracts with Ingham County for at least the past
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those contracts, and has taken other concrete steps in expectation that it
31. St. Vincent receives funding for some of its refugee services
through multiple grants and contracts, all of which Ingham County has
put at risk because of St. Vincent’s religious beliefs, speech, and its
County may enter into these contracts and grants. The Board of
resolutions and gives directives to County staff on how to carry out its
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subcontract has been renewed annually for at least twenty years. The
services. The grant to St. Vincent was $4,500 in FY 2019 and will be $0
in FY 2020.
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new Statement of Work by January 31, and the contract is set to renew
Mich. April 15, 2019), ECF No. 1, where it has challenged state and
federal actions which threaten to close its foster care and adoption
sex couples. St. Vincent challenged these actions as a violation of the Free
Exercise Clause and the Free Speech Clause, because Michigan sought
beliefs. As both the district court and the Sixth Circuit have explained,
36. Consistent with established Michigan law, see Mich. Comp. Laws
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engage in speech that violates its religious beliefs, “St. Vincent stands
“ensure that St. Vincent may continue to operate as it has for the past
Sixth Circuit, for example, the State of Michigan must file its principal
brief on or before January 6, 2020. St. Vincent must file its principal brief
2185.
38. About one month after St. Vincent filed its well-publicized lawsuit,
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https://perma.cc/B7E6-MPF3.
identify any agencies that did not comply with that provision—it “seems
like all of them do,” Naeyaert said. See Audio: Ingham Cty. Human Servs.
Jared Cypher, Deputy County Controller, stated he could not think of any
and the resulting public attention, St. Vincent’s contracts and grant with
Ingham County came up for renewal. Both the Refugee Health Services
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SRAJ.
question, the Committee voted to reauthorize the contract for only six
months. The stated reason for the six months was “giving St. Vincent’s
that, if the County had an alternative provider for St. Vincent’s refugee
services that did not share St. Vincent’s religious beliefs, it would have
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then pressured the staff to seek out alternatives to St. Vincent. For
example:
46. After this vote, the Refugee Health Services Contract went before
the full Board for a final decision. Ahead of this meeting, St. Vincent
the important work that St. Vincent does to serve refugees, including
LGBTQ refugees.
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47. Counsel for the Diocese of Lansing also sent a letter to the full
Board informing them that, if the Board chose not to renew the Refugee
Health Services Contract, the Board would likely run afoul of the
things, prohibits those working “in concert” with MDHHS from declining
the injunction.
Health Services Contract for the full term on November 12, 2019.
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50. Nevertheless, one of the six Board members who voted against
St. Vincent’s has done for the refugee community. The issue at hand is
regarding other areas of St. Vincent’s work and litigation pending against
the State that goes against the principles of many of us on this Board.”
Audio: Ingham Cty. Human Servs. Comm. Meeting at 10:02 (Nov. 12,
Committee voted not to renew St. Vincent’s grant, and the resolution
confirming that vote was adopted by the Board on November 26, 2019.
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timely applied. For organizations which received a grant last year, the
Agency Grant from St. Vincent. The only explanation for this change was
for direct aid for the basics and necessities of life: food, shelter and
But St. Vincent sought the Community Agency Grant to provide direct
hotline, “helping clients navigate systems that will reduce barriers that
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Ex. A. These are important and valuable services to the Ingham County
55. After learning of the vote, one commissioner who does not serve
on that committee privately expressed the opinion that the “fix” was in
beyond the amount budgeted for grants. See Audio: Ingham Cty. Human
clothing, and shelter” receives a grant. See id. at 9:30. The Board used
the contingency fund this year, too, but refused to give any grant to
St. Vincent.
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57. St. Vincent’s outside counsel then sent a letter to the Board,
the Board approved the resolution to deny the Grant to St. Vincent.
not covered by the Buck injunction, therefore the Board was not informed
court order.
58. The Board did not heed the letter, but instead approved the
chart adopted with the Board’s resolution shows that every agency to
received grants.
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statements and actions to date, St. Vincent also believes that County
staff will explore and seek alternatives to contracting with St. Vincent,
not out of dissatisfaction with its services, but out of disagreement with
its religious beliefs and speech and its use of legal actions to protect them.
Vincent will need to have renewed by the Board throughout 2020. The
Board may, again, retaliate against St. Vincent in considering its other
contract and grant applications. And, even if St. Vincent’s 2020 contracts
are renewed, St. Vincent reasonably fears that these will be the last
renewals, as the Board has all but commanded the Health Department
Statement of Work under that contract are set to renew January 31, and
even after renewal, can be canceled by the County at any time with 10
days’ notice. If it is terminated, St. Vincent will lose the ability to provide
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62. Like the Grant, upon information and belief, the Health Center
since the master contract is not with MDHHS. Therefore St. Vincent
reasonably fears that, without a court order, the Board will take adverse
St. Vincent’s religious exercise, speech, and its actions to protect its
rights in Buck.
64. At the same time, St. Vincent is continuing to defend its First
the Board hangs over that defense. Commissioner Sebolt expressly said
St. Vincent’s “litigation pending against the State . . . goes against the
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Buck—which, per the Sixth Circuit briefing schedule, St. Vincent must
discriminate against St. Vincent, its staff members, and others who
66. St. Vincent remains willing and able to continue its refugee
jeopardy.
Count I
42 U.S.C. § 1983
Violation of the First Amendment to the U.S. Constitution
Free Exercise Clause: Law not neutral and generally
applicable, individualized assessments, religious targeting
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2024 n.4 (2017) (quoting Church of the Lukumi Babalu Aye, Inc. v. City
or when they are taken pursuant to laws which are not neutral or
70. The Board’s grant and contracting decisions are made in a system
of individualized assessments.
contracts, the Board has targeted St. Vincent’s religious beliefs and
practices.
hostility toward St. Vincent and its religious beliefs, which were a
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74. The Board does not have a compelling reason for its actions, and
the Board has not selected the means least restrictive of religious exercise
75. Absent injunctive and declaratory relief against the Board, St.
Count II
42 U.S.C. § 1983
Violation of the First Amendment to the U.S. Constitution: Free
Speech Clause: Compelled Speech
conditioning St. Vincent’s contracts and grants, and the ongoing ability
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Count III
42 U.S.C. § 1983
Violation of the First Amendment to the U.S. Constitution:
Retaliation for protected speech, petition, and religious
exercise
behalf of St. Vincent about its religious beliefs are both constitutionally
government.
82. A causal link exists between the Board’s adverse actions against
St. Vincent and its religious exercise, protected speech, and petitions to
the government.
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84. Absent injunctive and declaratory relief against the Board, St.
Count IV
42 U.S.C. § 1983
Retaliation for taking action to protect civil rights
86. St. Vincent is engaged in actions to protect its civil rights under
Section 1983 in both its lawsuit in Buck and in its statements to the
88. A causal link exists between the Board’s adverse actions against
St. Vincent and its actions to protect its rights under Section 1983.
89. Such actions are retaliation for St. Vincent’s actions to protect its
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Count V
42 U.S.C. § 1983
Violation of the Fourteenth Amendment to the U.S.
Constitution: Equal Protection
Discrimination on the basis of religion
of religion.
95. The Board’s preference for one set of religious beliefs and against
St. Vincent’s religious beliefs violates the Equal Protection Clause of the
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96. Absent injunctive and declaratory relief, St. Vincent has been and
its members, agents, employees, and those it acts in concert with from
funding, or grants with St. Vincent, or taking any adverse action against
d. Award St. Vincent actual and nominal damages for the loss of its
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e. Award St. Vincent the costs of this action and reasonable attorney’s
fees; and
f. Award such other and further relief as the Court deems equitable
and just.
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Exhibit A
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WHEREAS, the 2020 Ingham County Budget has been approved by the Board of Commissioners; and
WHEREAS, under the Community Agency Program a number of agencies have been allocated funds to
provide important services that are consistent with the County’s Strategic Planning objective to Ingham
County residents; and
WHEREAS, the 2020 budget includes $200,000 allocated for community agencies; and
WHEREAS, the Controller/Administrator has provided recommended funding levels for each agency
that were determined using the criteria set forth in Resolution #19-243.
THEREFORE BE IT RESOLVED, the Ingham County Board of Commissioners hereby directs the
County Attorney to draft contracts for the period of January 1, 2020 through December 31, 2020, in the
amount specified for each community agency listed on the attached, for the services to Ingham County
residents previously approved by the Human Services and Finance Committees.
BE IT FURTHER RESOLVED, that the Board Chairperson is hereby authorized to sign any necessary
contract documents on behalf of the County after approval as to form by the County Attorney.
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2020HUMAN
2019AMT. 2020 CONTROLLER SERVICES 2020 FINANCE
ORGANIZATION PROGRAM RECEIVED 2020 REQUEST RECOMMENDED RECOMMENDED RECOMMENDED
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2020HUMAN
2019 AMT. 2020 CONTROLLER SERVICES 2020 TINANCE
ORGANIZATION PROGRAM RECEIVED 2020 REQUEST RECOMMENDED RECOMMENDED RECOMMENDED
Capital Area Housing
Partnership -Walnut Provides housing for
Street &Ferris Manor low-income and
Support Services homeless populations N/A $10,000.00 $5,000.00 $5,000.00 $5,000.00
Provides eligible
community members
monthly with fresh and
non-perishable items
for their household as
Cristo Rey Community well as baked items
Center -Food Pantry daily for anyone in need $9,000.00 $9,000.00 $9,000.00 $9,000.00 $9,000.00
4
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2020HUMAN
2019AMT. 2020 CONTROLLER SERVICES 2020 FINANCE
ORGANIZATION PROGRAM RECEIVED 2020 REQUEST RECOMMENDED RECOMMENDED RECOMMENDED
Supports Americorps
member service on
property focused on
food insecurity, healthy
eating, and care in the
vulnerable populations
and helping to amnage
resources associated
with the education and
support of young
Edgewood children $3,100.00 $12,000.00 $3,100.00 $3,100.00 $3,100.00
Provides safe shelter,
supplies, security,
facility repairs and
manintenance, waste
removal, telephone,
EVE Inc and shelter insurance N/A $20,000.00 $10,000.00 $10,000.00 $10,000.00
Provides stable and
safe living
accomodations in a
structured and
supervised
Gateway· Child and environment for
Family Services children $15,300.00 $20,000.00 $15,300.00 $15,300.00 $15,300.00
Provides registering
and orienting new
home & community
gerdeners, lends
gardening tools, assists
in diverse array of seed
packets each growing
Greater Lansing Food season, distributes
Bank 40,000+ starter plants $11,500.00 $20,000.00 $11,500.00 $11,500.00 $11,500.00
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2020 ffiJMAN
2019AMT. 2020 CONfROLLER SERVICES 2020 F1NANCE
ORGANIZATION PROGRAM RECEIVED 2020 REQUEST RECOMMENDED RECOMMENDED RECOMMENDED
Provides direct
assistance with basic
needs and referra I to
area agencies to assist
in development of
individual service plan
and support to access
resources quickly and
ensure siccess for
households in need of
assistance with rent,
utilities, food, and
Greater Lansing advocacy services to
Homeless Resolution build stability and
Network prevent homelessness $7,500.00 $12,000.00 $7,500.00 $7,500.00 $7,500.00
Provides food to
homeless Ingham
County residents while
Haven House they stay in the shelter $13,500.00 $15,000.00 $13,500.00 $14,250.00 $14,250.00
Provides direct client
assistance in form of
housing, utilities,
medical/mental health
assistance for care and
treatment, and
transportation
assistance toward
Lansing Area AIDS improved medical
Network outcomes $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00
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2020HUMAN
2019AMT. 2020 CONTROLLER SERVICES 2020 F1NANCE
ORGANIZATION PROGRAM RECEIVED 2020 REQUEST RECOMMENDED RECOMMENDED RECOMMENDED
Provides 12 hour/day
crisis line to provide
crisis intervention,
emotional support, and
information/referrals;
hopes to provide 24-
hour service by new
listening Ear year $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00
Provides services
related to basic needs
of survivors of domestic
violence and stalking,
including minor
children, such as food
and supplies, advocacy
assistance funds, and
shelter telephone
MSU Safe Place service $12,500.00 $12,500.00 $12,500.00 $12,500.00 $12,500.00
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2020HUMAN
2019AMT. 2020 CONTROLLER SERVICES 2020 FINANCE
ORGANIZATION PROGRAM RECEIVED 2020 REQUEST RECOMMENDED RECOMMENDED RECOMMENDED
Provides transporation
to medical
appointments and
telephone reassurance
services to provide
assistance and social
RSVP calls to elderly $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00
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2020HUMAN
2019AMT. 2020 CONTROLLER SERVICES 2020 TINANCE
ORGANIZATION PROGRAM RECEIVED 2020 REQUEST RECOMMENDED RECOMMENDED RECOMMENDED
Provides well-balanced
Southside Community and generous melas M-
Kitchen Th to those in need $3,500.00 $4,000.00 $3,500.00 $3,500.00 $3,500.00
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2020HUMAN
2019AMT. 2020 CONTROLLER SERVICES 2020 F1NANCE
ORGANIZATION PROGRAM RECEIVED 2020 REQUEST RECOMMENDED RECOMMENDED RECOMMENDED
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2020 HUMAN
2019 AMT. 2020 CONTROLLER SERVICES 2020 FlNANCE
ORGANIZATION PROGRAM RECEIVED 2020 REQUEST RECOMMENDED RECOMMENDED RECOMMENDED
Provides 5-phase
programto slowly
transition recovering
addicts back into
society on a solid
foundation of sobriety
with stable housing,
activities, peer support
WAI-IAM - Recovery services, and
Community accountability $10,500.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00
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