Michigan Immigrant Rights Center v. Gretchen Whitmer

This case in the Michigan Supreme Court concerns the time period within which plaintiffs must sue to stop government officials from continuing to violate constitutional rights and federal law (both federal and state constitutions are implicated here, as are federal statutes). Plaintiff Michigan Immigrant Rights Center (MIRC) sued the Governor to stop her Michigan’s allegedly unlawful practice of denying benefits to injured workers based on their immigration status. The Michigan Court of Appeals dismissed MIRC’s case, relying on MCL 600.6431(1), which requires a plaintiff who wants to sue the state to either bring a claim or notify the state within one year of the claim accruing.

The ACLU’s State Supreme Court Initiative, alongside the ACLU of Michigan, filed an amicus brief in support of the application for review in the Michigan Supreme Court. The brief argues that MIRC should not have to comply with the one-year notice requirement because it is suing the Governor, not the state, and applying the rule would contravene separation-of-powers principles by preventing courts from stepping in when state officials violate state law. The brief also argues that, in any event, MIRC complied with the notice statute because alleged ongoing constitutional violations accrue continually, not just the first time they occur.