Progress Michigan v. Schuette (Opinion - Leave Granted)Annotate this Case
Progress Michigan filed a complaint against then Attorney General Bill Schuette in his official capacity, alleging that defendant violated the Michigan Freedom of Information Act (FOIA), and failed to preserve state records under the Management and Budget Act. Plaintiff sought certain e-mail messages between Attorney General Schuette and his staff that were sent using personal e-mail accounts. Defendant denied the request on October 19, 2016, and on November 26, 2016, defendant denied plaintiff’s subsequent departmental appeal of that decision. Seeking to compel disclosure, plaintiff filed its complaint in the Court of Claims. Defendant moved for summary judgment, arguing that dismissal was appropriate because plaintiff failed to comply with the signature and verification requirement of MCL 600.6431 of the Court of Claims Act. Plaintiff amended its complaint which contained allegations identical to those in the original complaint, but was also signed by plaintiff’s executive director and sworn to before the Ingham County Clerk. Defendant again moved for summary judgment, this time arguing that the amended complaint was untimely because it was filed outside FOIA’s 180-day period of limitations. The Court of Claims dismissed plaintiff’s Management and Budget Act claim but denied the summary-judgment motion with respect to defendant’s FOIA claim, holding that plaintiff had complied with the MCL 600.6431 signature and verification requirement and that the complaint was timely filed within that statute’s one-year limitations period. The Court concluded that the amended complaint complied with FOIA’s statute of limitations because the amendment related back to the filing of the original complaint, which had been timely filed. The Court of Appeals reversed, reasoning that the Michigan Supreme Court’s decision in Scarsella v. Pollak, 607 NW2d 711 (2000), rendered plaintiff’s initial complaint a nullity, such that it could not be amended, and that the statutory period of limitations elapsed before the second complaint was filed. The Supreme Court reversed the appellate court, finding Scarsella did not apply in this context, and plaintiff complied with the statutory requirements necessary to sustain its claim under the FOIA.