Federal judge throws out Warren Mayor Jim Fouts' lawsuit against city council
(CBS DETROIT) - A federal judge has dismissed Warren Mayor Jim Fouts' $1 million lawsuit against the Warren City Council and other city officials.
Fouts argued that he should have been allowed on November's ballot despite a 2020 amendment to Warren's charter that limits all city-elected officials to three terms or 12 years in office.
In April, the State Court of Appeals ruled that Fouts, who was first elected mayor in 2007, could not seek a fifth term in office.
Fouts and his legal team plan to file an appeal with the 6th Circuit Court of Appeals. His attorney issued the following statement Tuesday:
Mayor Fouts and his counsel respectfully disagree with the District Court's opinion that Mayor Fouts' constitutional rights were not violated by the Warren City Council's actions to exclude Mayor Fouts from running for mayor of the City of Warren in the upcoming election. Mayor Fouts has asked that his counsel appeal the decision, and an appeal shall be immediately presented to the United States Court of Appeals for the Sixth Circuit, requesting review on an expedited basis. The purpose of this will be so that the Sixth Circuit may hopefully render its decision in time for Mayor Fouts' to be relisted as a candidate for the Office of the Mayor of the City of Warren for the upcoming term.
Of note is that the District Court struck down several of the Warren City Council's arguments alleging that Mayor Fouts' federal lawsuit would impermissibly conflict with the state of Michigan's court decisions. This includes the Warren City Council's contention that Mayor Fouts' federal lawsuit was an improper appeal of decisions by Michigan courts and that the Mayor's federal rights were addressed in the City of Warren's prior lawsuit in Michigan courts to have the Mayor removed from the ballot.
Mayor Fouts and his legal team feel that the ultimate conclusion of the District Court regarding the Mayor's federal constitutional rights to participate as a candidate in the upcoming mayoral election was in error, according to the constitutional law at issue.
Mayor Fouts as that members of the press with questions regarding the above contact his legal team.