Clous gun suit moves forward
Apr. 27—TRAVERSE CITY — Depositions in a lawsuit against former Grand Traverse County Commissioner Ron Clous will take place in May, marking the next chapter in a long-running dispute with Patricia "Keli" MacIntosh.
The lawsuit stems from a Jan. 20, 2021, incident during a live-streamed meeting of the county board of commissioners just days after the Jan. 6 insurrection at the Capitol building in Washington, D.C.
At that time, pandemic safety measures prevented an in-person county meeting.
During the public comment period, MacIntosh asked commissioners to denounce the Proud Boys extremist group, given its involvement in the insurrection. Clous left the Zoom meeting briefly and returned holding a semi-automatic rifle for several seconds. A video clip of that weapon display went viral on social media and was subsequently reported nationally in the news media.
In the lawsuit, MacIntosh claims she felt intimidated and threatened by Clous' actions. The lawsuit also claims his actions had a chilling effect on others who may now be afraid to exercise their free-speech rights during meetings.
MacIntosh is seeking punitive damages of an unspecified amount, as well as attorney fees, court costs and expenses.
About a year before that incident, members of the Proud Boys spoke at a county board meeting in favor of making the county a "2nd Amendment Sanctuary." A resolution to that effect was then passed on March 4, 2020.
Following an investigation of the Jan. 20 incident, county Prosecutor Noelle Moeggenberg sent the case to Michigan Attorney General Dana Nessel to avoid a conflict of interest. Nessel's office opted not to pursue criminal charges against Clous, finding that his actions did not amount to criminal conduct because there was not enough evidence to prove malicious intent.
After the lawsuit was filed by MacIntosh in 2021, attorneys for Clous and the county entered a motion to dismiss it, citing a failure to state a claim and lack of jurisdiction.
After hearing oral arguments, Magistrate Judge Phillip J. Green of the U.S. District Court, Western District of Michigan, Southern Division, denied the motions. It was then appealed to the 6th U.S. Circuit Court in Cincinnati.
On June 1, 2023, that court voted 2-1 that Clous has no governmental immunity at this stage of the litigation and sent the matter back to state court.
The next phase in the case will be sworn depositions by the parties involved, according to Blake Ringsmuth, a Traverse City civil rights attorney who represents MacIntosh.
"We're hopeful we will win this case," Ringsmuth said.
Clous served as a county commissioner for eight years, including six years as vice chairman of the board. His last term ended in late 2020.
Contacted Friday about the case, Clous declined to comment.
