Written by Tanya Terry
A lawsuit filed by 1st Ward Flint City Councilman Eric Mays was recently thrown out by the judge overseeing the case.
Mays sued the city, every member of city council, Flint City Attorney Angela Wheeler, Flint Police Officer William Metcalf, Mayor Sheldon Neeley and Neeley’s Deputy Chief of Staff DuVarl Murdock for $1 million after he was removed from a city council meeting claiming his constitutional rights had been violated. However, U.S. District Court Judge Bernard A. Friedman said in his dismissal that not only is the city protected by legislative immunity, but also that Mays was removed from the meeting because of his own behavior, according to the dismissal.
“(Plaintiff Mays) was removed from council sessions and ‘muted’ during the Zoom call as a disciplinary measure,” Judge Friedman wrote in his case dismissal.
“A review of the transcripts of these four sessions, copies of which are attached to defendants’ motion as Exhibits E, F, G, and H, shows that on each occasion this action was taken because plaintiff was being argumentative and disruptive,” the dismissal continues.
But Mays said “the federal judge is missing the details and the point of (the city council’s) rules and procedure governing city council.”
“You have to understand our rules,” Mays said. “When you say point of order all talking should cease whether a chair is trying to get you arrested and removed. On the video there was evidence that on each and every case I’m trying to do a point of order and an appeal on the ruling, and that point of order and appeal should be addressed before you remove…”
Mays said the lawsuit is “not nearly over.”
He said he plans to either appeal to the U.S. 6th Circuit Court or file claims in State Court.
A 2019 lawsuit Mays filed was also dismissed.
“I was representing myself in that case, and I believe it was dropped because I did not have the money to buy the transcripts. We had took depositions but when the deadline came as an individual I did not have the $1,200 or $1,400 in order to purchase the depositions from the court stenographer, and those transcripts were vital. They were key in keeping that one alive.”
A press release issued by the city of Flint said the city had to spend at least $24,000 to defend itself in court for the last lawsuit and $20,000 to defend itself in the 2019 lawsuit.
“This was an unfortunate waste of time and resources that ultimately hurts the city of Flint and the people who reside here,” Mayor Sheldon Neeley said. “These dollars could have gone toward services to benefit the residents of Flint. It is time for all of us to lead with good will and to uphold the public interest.”
Neeley said he was glad to see the judge affirmed the city council’s authority to discipline its own members and supported the council leadership’s determination that Mays’ behavior was disruptive.
“I’ve got a loud voice,” Mays said. “I speak loud, but you have to listen to the words that I’m saying procedurally.”
May said he does not know how much the latest lawsuit cost the city, but he knows “it’s going to cost them more.”
“This fight must go on because I represent over 8,000-9,000 people in the 1st Ward,” Mays said. “We cannot be removed illegally from meetings with force. When an officer asks you to leave your seat, handcuff you, remove you, restrict your freedom of movement; ‘you’re under arrest,’ it’s illegal, it’s unconstitutional and it’s happened a number of repeated time. It’s a different treatment. It’s discriminatory. We believe that race is a factor, and we will continue to pursue this. (And) I think when we straighten it out, and shed light on it, I think it will help elected officials in the future, it will help residents have confidence in the system.”
Mays also said “Blacks can wrongly conspire with whites.”
“It is my prayer and hope that we can all, both the council and administration, put our total combined efforts, time, intellect and resources to benefiting the people of the city of Flint,” Neeley said.
A violent physical altercation took place in February 2020 at Rube’s Bar and Grille between between Mays and Murdock.
Mays said they initially got in an argument over a subpoena of Genesee County Clerk John Gleason and Neeley. Neeley said in a press release Mays threatened Murdock and was getting aggressive and Murdock acted in self defense. However, Mays said the combat was not mutual.
