Lynette BURNS, Plaintiff-Appellee,
v.
CITY OF DETROIT, a Municipal Corporation; Dereck Hicks, Individually and in his Official Capacity; Terrence Hill, Individually and in his Official Capacity; and Darryl Hopson, Individually and in his Official Capacity, Jointly and Severally, Defendants-Appellants.
Court of Appeals of Michigan.https://leagle.com/images/logo.png
Submitted January 22, 2002, at Detroit.
Decided November 1, 2002, at 9:05 a.m.
Released for Publication February 4, 2003.
Attorney(s) appearing for the Case
Sachs Waldman (by Mary Katherine Norton and Elizabeth A. Cabot), Detroit, for the plaintiff.
City of Detroit Law Department (by June Boyd, Assistant Corporation Counsel), Detroit, for the defendants.
Eisenberg & Bogas, P.C. (by Kathleen L. Bogas), Bloomfield Hills, for the Michigan Trial Lawyers Association, the Detroit Trial Lawyers Association, and the Michigan Employment Lawyers Association, Amici Curiae.
Amberg, Firestone and Lee, P.C. (by Joseph H. Firestone), Southfield, for the Michigan Education Association.
Sachs Waldman Professional Corporation (by Mary Ellen Gurewitz and Marshall J. Widick), Detroit, for the Michigan State A.F.L.-C.I.O.
Dan Sherrick, General Counsel, and Georgi-Ann Bargamian, Associate General Counsel, Detroit, for International Union, UAW.
Nicholas M. Inzeo, Acting Deputy General Counsel, Philip B. Sklover, Associate General Counsel, Vincent J. Blackwood, Assistant General Counsel, Julie L. Gantz, Attorney, and Adele Rapport, Regional Attorney, Washington, D.C., Detroit, for the United States Equal Employment Opportunity Commission.
Eardley Law Offices PC (by Eugenie B. Eardley and John F. Eardley), Cannonsburg, for the Triangle Foundation.
Peter Henner, Clarksville, New York, and Paula Brantner, San Francisco, California, for the National Employment Lawyers Association.
William Goodman, James Reif, and Shayana Kadidal, New York, New York, for the Center for Constitutional Rights.
Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, and Ron D. Robinson, Assistant Attorney General, Detroit, for the Michigan Department of Civil Rights.
Kingsley R. Browne, Detroit, for the Center for Individual Freedom.
Before: METER, P.J., and RICHARD ALLEN GRIFFIN and SAAD, JJ.
Court of Appeals of Michigan.
ON REMAND
METER, P.J.
This opinion addresses whether certain comments that formed the basis for a jury verdict of workplace sexual harassment constitute protected speech under the United States and Michigan Constitutions and whether the imposition of liability for the comments under the Civil Rights Act, M.C.L. § 37.2101 et seq., raises concerns of vagueness and overbreadth. We conclude that the comments...
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