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Fouts seeks appeal after federal lawsuit is dismissed BY GENA JOHNSON gjohnson@candgnews.com
WARREN — Lawyers for Warren Mayor Jim Fouts vow to appeal a ruling by a federal judge who dismissed a lawsuit alleging the mayor’s civil rights were violated when he was removed from the ballot of this year’s primary election. Fouts filed the four-count complaint on Aug. 2 against the Warren City Council, the Warren Election Commission, Warren City Clerk Sonja Buffa and Macomb County Clerk Anthony Forlini. On Sept. 5, U.S. District Court Judge George Caram Steeh granted motions to dismiss filed by the defendants. The case was dismissed in its entirety without a hearing,
making moot Fouts’ request for an expedited review of his case. Count I of the complaint alleged Fouts’ First Amendment rights were violated when he was taken off the 2023 primary ballot. Fouts sought a remedy of a special election for the office of mayor only, with him on the ballot with the other mayoral candidates. According to what was requested, absentee votes that came in before the special election would have been decertified and residents would have had to revote for the candidate of their choice. “The court finds that there is no fundamental right to run for office, and Warren has a rational basis for imposing term limits for the office of mayor,” Steeh wrote in his opinion and order. See FOUTS on page 21A File photo by Patricia O’Blenes
Warren Mayor Jim Fouts filed a four-count complaint after the primary election, alleging violations of his constitutional rights. The complaint was dismissed by a federal judge on Sept. 5.
JUDGE DISMISSES KABACINSKI ELECTION CASE WARREN — On Sept. 5, Macomb County Circuit Court Judge James M. Biernat Jr. resolved and closed the case Warren City Councilman Eddie
Kabacinski filed against fellow candidates and election officials after the primary election last month. Kabacinski, who came in fourth in the primary on Aug. 8, filed a lawsuit on Aug. 18 against the top-three finishers running for City Council in District 5: Henry Newnan, who came in first; Brit-
tani Tringali, who finished second; and Jay Michael Jackson, the third-place finisher. Kabacinski wanted the candidates deemed ineligible and removed from the ballot. He also named City Clerk Sonja Buffa and members of the Warren Election Commission See KABACINSKI on page 27A
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BY GENA JOHNSON gjohnson@candgnews.com