GRAND RAPIDS, MI (WTVB) – A federal magistrate has thrown out a civil rights lawsuit filed against the Branch-Hillsdale-St. Joseph Community Health Agency and Reading Community Schools by the Branch and Hillsdale County chapter of Moms for Liberty.
The ruling by U.S. Magistrate Phillip Green to grant motions to dismiss that were filed by the defendants came after a hearing on May 18.
After both sides submitted oral and written arguments, Green determined there was a lack of standing in the plaintiffs claim against Reading Schools and he ruled the school district be dismissed as a party from this case.
It was further ordered that the Plaintiffs’ claims against the Community Health Agency in three of the counts be dismissed for lack of standing and mootness.
But the Health Agency is not totally out of the legal woods yet.
Green determined not to exercise supplemental jurisdiction over the state law claims in three counts of the complaint and ordered that the state matters be remanded back to Hillsdale County Circuit Court.
Jennifer Wortz and Stacy Wohlheter sued the Health Agency, Health Officer Rebecca Burns and Reading Community Schools on November 10 over September COVID-19 quarantine orders issued by Burns.
Burns rescinded a quarantine order on September 30 after the budget signed by Governor Gretchen Whitmer included Senate Bill 68 that would take funding away from local health departments that issue an emergency COVID-19 order. The Community Health Agency said they faced a loss of approximately $1 million in state budget funding.
Governor Whitmer said SB 68 was “unconstitutional.” But legal counsel for the Community Health Agency said the order stands until ruled otherwise in a court of law.
The suit filed by Wortz and Wohlheter says their minor children were denied a chance for in person learning and were quarantined for 11 days in September after they were identified as close contacts.
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