Reeves v. Wayne County

The Brennan Center asked the Michigan Supreme Court to clarify that state courts have a duty to provide state remedies for state constitutional violations committed by local officials.

Published November 6, 2025

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In 2022, the Michigan Supreme Court determined that Michigan citizens can sue state officials for monetary damages for violations of the Michigan Declaration of Rights when the constitution does not delegate enforcement of those rights to another branch of government and no other state remedy is available. Following this ruling, Michigander Robert Reeves filed a lawsuit against Wayne County and county officials claiming that prosecutors filed retaliatory criminal charges against him in violation of his state constitutional rights to free speech and to petition the government for redress. Reeves seeks monetary damages for the alleged violations.

On appeal, the Michigan Court of Appeals held that because Reeves might be able to file and win a similar federal claim, it would not recognize a state constitutional claim for damages. Subsequently, Reeves filed a motion for leave to appeal that asks the Michigan Supreme Court to hear the case and clarify that money damages are available as a remedy for state constitutional torts against municipalities and local government actors.

The Brennan Center filed a friend-of-the-court brief providing a national perspective on the importance of ensuring meaningful pathways to vindicate state constitutional rights. In support of Reeves’s motion, the brief argues that state courts are obligated to offer remedies for state constitutional violations, irrespective of any potential federal remedies, and that federal remedies inadequately redress violations of state constitutional rights, as state constitutional rights and remedies are often broader and more accessible than their federal counterparts.

In January 2026, the Michigan Supreme Court granted Reeves’ application for leave to appeal.

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