Cotton v. Banks

In this employment dispute, defendant Representative Brian Banks of the Michigan House of Representatives appeals by right the trial court’s order denying his motion for summary disposition of the claims by Banks’s former staff member, plaintiff, Tramaine Cotton. The primary issue on appeal is whether Banks has absolute immunity from suit under the Speech or Debate Clause of Michigan’s Constitution for personnel decisions involving those members of his staff who might have involvement in the legislative process. See Const 1963, art 4, § 11. For the reasons fully explained below, we conclude…