Wayne Co. Officials Request that Local Man Get Judge’s Permission Before Filing Suits
In an unexpected turn of events, officials from Wayne County are taking a man to court in a bid to stop him from filing more lawsuits against them. The man in question, Robert Davis, lives in Highland Park and is known for his regular responsibilities and lawsuits against the county. In their lawsuit, the officials propose that Davis be required to first get the approval of a judge before he proceeds with more suits or requests for public records.
Davis, who once worked for County Commissioner Martha Scott, thinks the move by the officials won’t work. In fact, he calls the lawsuit a “total waste of taxpayers’ money” and retaliatory since he has been exposing corruption within the Wayne County Commission. “I only file legitimate actions,” Davis asserts. “I always win.”
The officials, through their claim, want Chief Judge Patricia Fresard to issue an order that would bind all judges in Wayne County to respond to Davis’ suits and records requests in the same manner. This would mean Davis would be prevented from making Freedom of Information Act or FOIA requests and lawsuits unless he secures approval from the court and presents a convincing case. Furthermore, he would have to take on a $2,000 bond for each record request and a $10,000 bond for every lawsuit.
A spokesperson for the Wayne County Commission, Jim Toth, stated that intervention from the judiciary is required to prevent Davis from misusing the courts and FOIA, which has already cost the county significantly in attorney fees.
However, Davis insists that his lawsuits and records requests are all about revealing the truth and unearthing unethical activities by the board.
In response, the commission in its lawsuit categorically denied any wrongdoing. Over the years, Davis has kept local and state officials, including various bodies, on their toes by filling several lawsuits and FOIA requests.
On one hand, Davis claims that he invariably “wins” the lawsuits, but his record displays mixed results. A review of Davis’ legal challenges and lawsuits reveals he has successfully sued Wayne County, Highland Park, and Taylor, mostly for failing to respond correctly to Freedom of Information Act requests. But while he has won 11 out of the 34 cases, he has either lost or given up the rest.
The unique case has drawn the attention of legal experts. It is not often that courts have to limit the lawsuits filed by a person who repeatedly acts in bad faith. Also, it’s very rare that serious measures like requiring permission before filing lawsuits are being considered.
The significant issue that could arise is the proposed $2,000 bond and the $10,000 bond necessary to file a FOIA request or lawsuit, respectively. If Davis is unable to afford the fees, he could argue that the bond, in reality, is hindering his speech.
One factor that remains certain is that this move by Wayne County officials has introduced an intriguing twist in an already peculiar ongoing dispute with Davis.
