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FREED v. THOMAS

No. 18-2312.

976 F.3d 729 (2020)

Donald FREED, Plaintiff-Appellant, v. Michelle THOMAS; County of Gratiot, Defendants-Appellees, Michigan Department of Attorney General, Intervenor-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 30, 2020.

Attorney(s) appearing for the Case

ARGUED: Philip L. Ellison , OUTSIDE LEGAL COUNSEL PLC, Hemlock, Michigan, for Appellant. Douglas J. Curlew , CUMMINGS, MCCLOREY, DAVIS & ACHO, P.L.C., Livonia, Michigan, for Appellees Michelle Thomas and County of Gratiot. Matthew B. Hodges , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellee Michigan Department of Attorney General. Christina M. Martin , PACIFIC LEGAL FOUNDATION, Palm Beach Gardens, Florida, for Amicus Curiae. ON BRIEF: Philip L. Ellison , OUTSIDE LEGAL COUNSEL PLC, Hemlock, Michigan, for Appellant. Douglas J. Curlew , CUMMINGS, MCCLOREY, DAVIS & ACHO, P.L.C., Livonia, Michigan, for Appellees Michelle Thomas and County of Gratiot. Matthew B. Hodges , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellee Michigan Department of Attorney General. Christina M. Martin , PACIFIC LEGAL FOUNDATION, Palm Beach Gardens, Florida, for Amicus Curiae.

SILER, J., delivered the opinion of the court in which GIBBONS, J., joined. LARSEN, J. (pp. 741-44), delivered a separate dissenting opinion.

OPINION

After Donald Freed fell behind on his property taxes by about $1,100, the State of Michigan foreclosed on his real property, sold it at auction for about half of its fair market value, and kept all the proceeds of the sale. Freed got nothing. So he filed this lawsuit in federal court under 42 U.S.C. §...

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