Lawsuit Against Macomb County Prosecutor Dismissed

Macomb County Prosecutor’s Office
Contact: Dawn Fraylick, Communications Director
Office: +1 (586) 469-5737 
Cell: +1 (586) 842-4421                                           
Email: Dawn.Fraylick@macombgov.org

 August 16, 2024
                       

 Lawsuit Against Macomb County Prosecutor Dismissed

Mount Clemens, MI - The federal Lawsuit filed against Macomb County and the Macomb County Prosecutor, Peter Lucido by an applicant for an Assistant Prosecuting Attorney position has been Voluntarily Dismissed “with Prejudice” (and cannot be refiled). The applicant claimed that he was not selected to fill one of three Assistant Prosecuting Attorney positions because of “perceptions” regarding his “sexual orientation and disability.” The records regarding the hiring decision conclusively demonstrated that these allegations were unfounded. Prosecutor Lucido interviewed and scored the applicant as the second highest rated candidate for one of three open positions. The county’s Human Resources Specialist scored the candidate lower. Applying Macomb County’s hiring protocols, the scores were averaged, and the candidate finished tied for third (the tie was broken by the alphabetic order of the candidates last names).

During the investigatory stage of the litigation the United States District Court issued orders limiting discovery to the hiring decision and the specific allegations set forth in the Complaint. Thereafter, the court issued a second order compelling the candidate to produce his prior employment records which would support his credentials for the position. Following these rulings, the candidate’s attorney filed a Motion to Withdraw as Counsel and subsequently the candidate, through his attorney, agreed to dismiss the case.

Prosecutor Lucido urged the media to give equal attention to the dismissal of the lawsuit as it did to its initial filing. 

“I ask the media to report the dismissal with as much fanfare as they reported the headline-grabbing lawsuit,” said Lucido.

The allegations of the complaint were not supported by the evidence. The applicant was not selected to fill a position because his combined score (after vetting and interview) was not superior to other candidates. Prosecutor Lucido scored this candidate (and all other candidates) based on their credentials, merits and verbal skills.

Months of discovery revealed that Prosecutor Lucido implemented a rigorous, professional, transparent, hiring process. Since taking office in January of 2021, Prosecutor Lucido has increased opportunities for women who now fill more than half of the Assistant Prosecuting Attorney positions. The Assistant Prosecuting Attorneys play a key role in authorizing warrants, conducting court hearings, and managing bench and jury trials. In addition, Prosecutor Lucido has promoted a record number of women to leadership positions within the Prosecutor’s office.

The dismissal of this litigation underscores the fair, and professional hiring process implemented since Prosecutor Lucido took office and his commitment to diversity and inclusivity.

"We are committed to building a diverse and inclusive team to prosecute crimes and reflect the community we serve," said Lucido.

Improving the prosecutor’s office hiring process, and hiring and promoting a record number of women, is not the only improvement Prosecutor Lucido has made since January 2021.  Other progress includes:

• Child Support Collections Increased: intensified efforts to collect child support from parents who owe $5,000 or more, successfully collecting $1 million for Macomb County children since last year under this new initiative, with most collections done while avoiding criminal prosecution.
• Mental Health Assessments for Gun Crime Defendants: Started a first-in-Michigan policy requiring mental health assessments as part of bond conditions in all gun crime cases, using existing resources to provide an opportunity for mental health services before a suspect gets a chance to commit another crime with a gun.
• Hate Crimes Unit Launched: created a Hate Crimes Unit, securing a vital U.S. Department of Justice grant paying 100% of all its costs, a distinction granted to only 16 organizations nationwide. Appointed Michigan's first and only solely-dedicated hate crimes prosecutor at a county level, ensuring robust enforcement and community education.
• Conviction Integrity Unit Exoneration: started this unit to investigate claims of innocence as a result of clear and convincing new evidence that the convicted defendant was not the person who committed the offense, and to review claims of factual innocence based on new evidence such as DNA.  This unit secured an exoneration.
• Major Crimes Unit Launched: Prosecutor Lucido organized the top-ranked assistant prosecutors to focus on major crimes, and train more APAs to handle these types of cases.
• Warrant Appeals Unit Launched: Established the state’s first formal prosecutor’s office unit allowing victims and law enforcement officials to have a second review of warrant requests where charges were denied.
• Digital Evidence Management Platform Implemented: With over 800,000 pieces of digital evidence, police agencies can now upload digital evidence, which the Prosecutor’s Office reviews, and defense lawyers can download directly, resulting in “discovery” information faster than it’s ever been provided.
• Increased Internships: Hosted over 200 law school and college interns. Court rules permit law student interns to handle court hearings under supervision, which helps the office serve victims and expedite cases.
• Paperless Crime Victim Rights: Implemented the county’s first paperless system for crime victims to request rights and notifications via text message or online.
• Police Training Provided: Regular training sessions by assistant prosecutors are conducted for every police agency in Macomb County, including updates on recent court cases.
• Enhanced Auto Theft Unit: Addressed a surge in attacks on car dealerships and manufacturing plants, prosecuting more continuing criminal enterprise cases in the past two years than in the previous decade, resulting in over $800,000 in restitution.
• Record number of national good government awards received:  in 2024 the office set a record for the number of national good government awards ever received by the Macomb County Prosecutor’s Office, and may mark the highest number of national good government awards ever received by any Michigan county prosecutor’s office in a single year.