Victory For Freedom: Michigan Judge Denies Dearborn Request to Drop Civil Rights Claims by Christians Arrested At Arab Festival

American Freedom Law Center (AFLC) Senior Counsel Robert J. Muise, along with David Yerushalmi, has represented me in several free speech cases against cities that refused to run my freedom ads. This decision is a victory for the principle of equal justice under the law and a setback for the spread of Sharia in the U.S. The City of Dearborn arrested these Christians for preaching to Muslims, which is not illegal under American law but is illegal under the Sharia. This case should proceed, and must proceed.

Michigan Federal Judge Denies City’s Request to Dismiss Civil Rights Claims Brought by Christians Who Were Arrested at 2010 Arab Festival American Freedom Law Center

Michigan — February 7, 2012—Today, a U.S. District Court Judge in Detroit, Michigan denied the City of Dearborn’s request to dismiss the civil rights claims brought by several Christian missionaries arising out of their arrests by City police officers in 2010.  The Christians were arrested by City police officers while preaching to Muslims at the City’s Arab Festival.  The Christians spent the night in jail and were then charged and tried for “breaching the peace.”  American Freedom Law Center (AFLC) Senior Counsel Robert J. Muise won acquittals from a jury for all the Christian defendants at the conclusion of the criminal trial.
 
Following the acquittals, Muise, along with AFLC Senior Counsel David Yerushalmi, filed a 96-page civil rights lawsuit against the City, its mayor, John B. O’Reilly, its chief of police, Ronald Haddad, 17 City police officers, and two executives from the American Arab Chamber of Commerce on behalf of Acts 17 Apologetics, Dr. Nabeel Qureshi, David Wood, Paul Rezkalla, and Josh Hogg—the Christians whose rights were violated by the City officials.
 
Muise commented, “The judge’s ruling today is a huge victory for these Christians.  It allows the civil rights claims for the most egregious constitutional violations to proceed against the City and its officials.  AFLC is committed to ensuring that our Constitution and not sharia law, which makes it a crime to preach the Gospel to Muslims, is the supreme law in this country.”
 
In their motion, the City had argued that the state court judge’s finding in the criminal proceeding that the police officers had probable cause to arrest the Christians based on a complaint from festival worker Roger Williams effectively immunized the City of Dearborn and the individual defendants from civil suit.  Muise and Yerushalmi, on behalf of the Christians, countered by arguing that the ruling does not preclude the civil rights claims because it was based upon fabricated allegations and besides, the Christians did not have a full and fair opportunity to challenge the claims in the police reports prior to the ruling.  The federal judge agreed with the AFLC attorneys.
 
In his ruling, U.S. District Court Judge Stephen J. Murphy, III, stated, “It is a reasonable inference from their allegations that [City officials] knew Williams’ complaint was pretextual.”  The federal judge noted that “[t]he indirect evidence of this conspiracy that was developed in state court and is already a part of the record in this case—including the videos and the testimony given by [City police officers] at their trial—elevates [the Christians’] accusations above the threshold of plausibility. . . .”  The federal judge also stated, “The [state] district judge appears to have presumed the police reports submitted were truthful, and staked his probable cause determination on that presumption.  Plaintiffs had no opportunity to either cross-examine the officers or take the stand themselves to contest the reports.”  The judge concluded, “Finally, the district court was inattentive to the effect Plaintiffs’ claims of First Amendment protection might have on the probable cause determination. . . .  The Sixth Circuit has warned on previous occasions that Michigan’s ‘breach of peace’ statute is prone to such abuse.”
 
Yerushalmi concluded, “This case is a stunning example of the pernicious influence of stealth jihad and sharia law in America.  The City of Dearborn is now a serial violator of Christians’ constitutional rights and has wasted hundreds of thousands of dollars in legal fees and costs defending its insidious conduct.  Apparently, in Dearborn, where sharia and jihad is advocated openly, it is a crime to preach the Christian Gospel.  AFLC is committed to stopping this attack on our Constitution.  And the ruling today allows us to do just that.”
 
The American Freedom Law Center is a Judeo-Christian law firm that fights for faith and freedom.  It accomplishes its mission through litigation, public policy initiatives, and related activities.  It does not charge for its services.  The Law Center is supported by contributions from individuals, corporations, and foundations, and is recognized by the IRS as a section 501(c)(3) organization.  Visit us at www.americanfreedomlawcenter.org.

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Canto28

12 years ago

This is good news. It’s all about clout & intimidation – tools the Islamic enemy fully use – and it’s time non-Muslims wield clout back in response. Low life sell out politicians must be made to worry about other than Muslim’s wishes & “sensitivities”. The evil Islamic will to dominate is being fought.
Thank heaven we still have fair judges that aren’t intimidated & operated by the Muslim Brotherhood front organizations.

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Karol Kibbie

12 years ago

Holding my breath. The Islamo-fascists will be making their death threats against judges and lawyers involved in this case. They will be backing down in 10…9…8…
Hope I am proved wrong.

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Frank Scarn

12 years ago

It is highly significant that immunity was denied. It means that these government officials acted outside the scope of their authority in violating “clearly established” constitutional and statutory rights.

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Robert

12 years ago

Dearborn is a bastion of Islam and has the highest Muslim population in the US! We must stop the spread of Sharia law! They are trying to implement it slowly but surely! It is okay for the Muslims to speak out against Christianity, America, Europe, Israel, Jews, and anything elsebecause they have rights! They have a foothold here in America and the liberals/progressives, pandering politicians, the Obama administration all support the spread and implementation of Sharia law because it opposes Christianity! The Christians have a right at a public event to preach the gospel! Anyone or anything that is against Christianity is supported by the elements of the anti-Christ New World Order! I hope it goes all the way to the Supreme Court! We need to have a Federal law that prohibits the establishment of Sharia Law or the use of any element of sharia law in the US or in any American court! Where are the liberals/progressive for the separation of religion Church)and state! They only worry about that when it involves Christianity and the attempt to have morality in our decaying society!

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Crombouke

12 years ago

Long-term coexistence is imposible. Islam is the evil of our time. Let’s not leave it for our children.

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Bohemond_1096

12 years ago

We need to send the National Guard into Dearbornistan, drag these ragheads out and start mass deportations. If they want sharia, send them back to the third world piece of shit countries they came from.

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Richard

12 years ago

Bohemond_1096 – That won’t work. You can’t deport a citizen and Michigan has been a center of arab population in the US for a very long time. Don’t get me wrong, I am all up for deporting all eligible muslims.
What we can and must do though is reestablish a culture that does not depend on PC/MC and which is based on rule of law. And that law must be understood to be grounded in the US Constition. Islam has a foothold because we lack such a culture.

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Brandy

12 years ago

This is great news! Every step is a step in the right direction. They think they can bully anyone into anything with the threat of lawsuits.
Hats off to the lawyers involved with this case!

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Macker

12 years ago

I feel sorry for every non-Mohammedan who, for whatever reason, is subjected to this Evil Cult of Death.

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Deborah

12 years ago

Good news but if we continue to elect them to congress, and appoint them as judges these rulings will cease and we will be subjugated to the brutal godless sharia and our children will be left behind to face this evil.

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