Lover-lawmakers file notice of intent to sue state, others
LANSING, Mich. — Former state representatives Todd Courser and Cindy Gamrat have filed a notice with the Michigan Court of Claims that they could sue the state and others to recoup more than $500,000 for lost wages and compensatory damages for psychological and emotional distress related to their removal from office.
The notice isn’t an actual lawsuit against the state and individuals associated with the proceedings that led to the Republican lawmakers leaving office on Sept. 11 — Courser of Lapeer resigned and Gamrat of Plainwell was expelled. But the notice came last month to comply with the six-month statute of limitations on lawsuits against the state.
“The claim will be filed in federal court,” the notice stated, adding that the actions taken that led to them leaving office were unconstitutional.
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Courser and Gamrat were caught in a sex scandal and bizarre coverup in which Courser sent an anonymous email last year claiming that he was a sexual deviant who paid for sex with men outside bars in Lansing. The intent was to make it appear that the pair were victims of a smear campaign and to make it so that any news of their affair would pale in comparison to the manufactured tale in the email.
As a result of the affair and the lawmakers’ attempt to use staffers to help cover up the indiscretion, the House of Representatives held hearings and voted to expel Gamrat. Courser resigned before a vote to expel him could be taken.
In the notice of intent to sue, Courser and Gamrat said they intend to file suit against the Michigan House of Representatives; Speaker of the House Kevin Cotter, R-Mount Pleasant; three of their former staffers, Keith Allard, Ben Graham and Joshua Cline; Tim Bowlin, the director of the House Business Office; Brock Swartzle, legal counsel to House Republicans; Norm Saari, former chief of staff to Cotter; David Horr, a person who investigators have identified as the sender of anonymous text messages calling on Courser to resign his seat, and Michigan Attorney General Bill Schuette.
“These actions occurred in violation of claimants’ civil rights under the United States Constitution and the Michigan Constitution,” the notice reads, citing alleged violations of due process, equal protection, double jeopardy, unlawful search and seizure and deprivation of salary.
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The notice said that Courser and Gamrat were never given their Miranda rights, allowed to subpoena witnesses, testimony or to examine witnesses during the hearings that led to them leaving office and that they were the victims of illegal wiretapping and eavesdropping.
Those actions were politically motivated, the notice said, because the Republican leadership wanted to kick them out of office before they voted on a roads package that they both opposed.
It’s just the latest legal action in the tangled case of the former lawmakers. Allard and Graham have file lawsuits against Courser and Gamrat in state and federal courts, claiming that they were unlawfully fired after they blew the whistle on their bosses.
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And Schuette has filed felony criminal charges against both Courser and Gamrat for lying under oath, misconduct in office and asking staffers to forge their signatures on official “blue backs,” the documents filed when proposed legislation is introduced.
Messages were left for Courser. Gamrat referred questions to her attorney. Her attorney, Robert Baker, told the Detroit Free Press late Wednesday that his client will definitely file a federal lawsuit in U.S. District Court.
Follow Kathleen Gray on Twitter: @michpoligal