Lawsuit takes aim at county commissioner, city and police
ESCANABA — A lawsuit against a sitting Delta County commissioner, the city of Escanaba, and two former Escanaba Public Safety Officers was filed in federal court last week by a Delta County man whose suit alleges he was the victim of “cronyism in local politics run amok.”
Reid Hyken is suing Commissioner Kelli van Ginhoven, the city, Former Escanaba Public Safety Director Robert LaMarche, and Former EPS Detective Sam Pouliot over a series of incidents that began in 2022 when van Ginhoven was a candidate for the District 4 seat on the Delta County Board. At the time of the incidents, the seat was held by Commissioner Dave Moyle, who Hyken openly supported.
According to the complaint filed March 17 in U.S. District Court, van Ginhoven lived in Bark River and operated a cupcake business in Escanaba prior to declaring her candidacy for the commission seat representing the city. Her address was changed on her drivers license on May 25, 2022 to the address of the cupcake shop and she filed her documents to run for the District 4 seat on June 27, 2022, which was 34 days later.
State election law requires a candidate reside in their district for a minimum of 30 days prior to filing documents to run for public office. However, Hyken, who owned a business near van Ginhoven’s cupcake shop, did not believe van Ginhoven lived at the address. In early July, Hyken reported van Ginhoven to the Michigan State Police for alleged election fraud.
As part of the investigation into van Ginhoven’s candidacy, van Ginhoven was visited by a MSP trooper at the shop. Van Ginhoven purportedly told the officer she was living in the building’s upper apartment with one daughter while her husband prepared their house for sale and that the family planned to build a home in the city.
During the investigation, Hyken began photographing the outside of the building during the evening hours in an attempt to demonstrate the building was not being used as a residence. On Aug. 22, 2022, van Ginhoven’s husband called EPS to report Hyken’s van was seen in the alley behind the cupcake shop. Officers met with Hyken, who “indicated his actions were politically motivated as his good friend was running against Kelli for county commissioner.”
In the following days, LaMarche corresponded with van Ginhoven via email about her legal options regarding Hyken. Over the course of the emails, van Ginhoven told LaMarche she would like to submit the documents to the county prosecutor to issue a warrant for stalking, to which LaMarche responded with “Sounds like a plan.”
Multiple times throughout the complaint filed in court Hyken’s attorney, Collin H. Nyeholt, suggests LaMarche’s response indicated a “plan” had been concocted between LaMarche and van Ginhoven, despite knowledge by both parties that Hyken’s actions were “political activities and attempts to document evidence of her criminal perjury.”
A warrant was requested by Pouliot, who the suit alleges was also aware of the Hyken’s political motivation and had been in contact with MSP about the investigation into van Ginhoven, on Aug. 25, 2022. Hyken was arrested for stalking seven months later on March 28, 2023.
Hyken was release the same day as his arrest on a pretrial bond but was ordered not to leave the state, be in the presence of anyone using alcohol or enter bars or taverns, purchasing a gun or dangerous weapon, or having “any access to social media whatsoever.” He was also required to observe a curfew between 9 p.m. and 6 a.m. every day and pay $1,400, plus a daily fee, for a GPS tether he was required to wear at all times. All of the restrictions remained in place until the stalking charge was dismissed on Oct. 17, 2023.
The suit alleges that van Ginhoven used the charge to stymie speech against her by limiting Hyken’s access to social media and attempted to use the pretrial bond order to prevent Hyken from attending county board meetings. It is also claimed that van Ginhoven repeatedly called law enforcement on Hyken for alleged violations of his bond conditions, none of which were found to be violations by law enforcement; and sought a personal protective order against Hyken after the charges were dropped to keep the previous bond restrictions in place, which was denied.
While van Ginhoven failed to secure election in 2022 after the warrant was issued for Hyken’s arrest, the suit also alleges throughout that van Ginhoven used the charges against him to promote her campaign against Moyle in the 2024 recall election. Multiple social media posts by individuals that purportedly supported van Ginhoven’s candidacy referencing stalking by Hyken are referenced in the suit.
Hyken’s lawsuit does not specify what monetary relief is sought — though it does seek damages, attorneys fees and costs and pre- and post-judgement interest, as well as injunctive relief — and the charges against each defendant differ slightly. All defendants are being sued for First Amendment retaliation; van Ginhoven, LaMarche and Pouliot are being sued for malicious prosecution on two counts; and van Ginhoven is being sued individually for abuse of process.