Generis Entertainment, LLC v. Mary Anne Donley, Kristin Beltzer, Dennis Olshove, Hoon-Yung Hopgood, Lee Gonzales, Edward Toma, and Blake Bitner

Summary

The United States District Court for the Eastern District of Michigan denied Generis Entertainment, LLC’s motions for reconsideration and to sever and stay its damages claim. The court declined to reinstate Mary Anne Donley as a defendant, concluding that the Michigan Liquor Control Commission commissioners could provide any prospective relief sought. The court also held that Blake Bitner’s interlocutory qualified-immunity appeal was not frivolous or unduly dilatory and that the remaining constitutional claims could proceed without formal severance or a stay.

Holdings

1. Reconsideration was unwarranted because, even assuming the official-capacity claims could support prospective equitable relief notwithstanding absolute prosecutorial immunity, the remaining Michigan Liquor Control Commission commissioners could provide complete relief and reinstating Donley or her successor would make no practical difference.
2. The court declined to certify Bitner's interlocutory appeal as frivolous or unduly dilatory.
3. Formal severance and a stay of the damages claim were unnecessary; the court could proceed with the equitable and constitutional claims that were not involved in Bitner's appeal.

Questions Presented

1. Whether the court should reconsider its dismissal of claims against former Michigan Liquor Control Commission Enforcement Director Mary Anne Donley based on absolute prosecutorial immunity.
2. Whether Donley or her successor should be reinstated as an official-capacity defendant for prospective equitable relief.
3. Whether Blake Bitner's interlocutory appeal from the denial of qualified immunity should be certified as frivolous or dilatory.
4. Whether the court should sever and stay Bitner-related damages claims while allowing the constitutional and equitable claims against the Michigan Liquor Control Commission defendants to proceed.

Disposition

denied