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Factual Background

• Michael and William Null, acquitted in 2023 of all charges against them, have filed a sweeping federal civil-rights lawsuit against Michigan officials, FBI agents and law-enforcement officers.
• The brothers allege investigators fabricated evidence, made materially false statements and caused them to be arrested and prosecuted without probable cause.
• Their acquittals strengthen the favorable-termination component of a potential malicious-prosecution theory, but the lawsuit still faces substantial immunity and Bivens-related hurdles.

By Samuel López | USA Herald

Twin brothers Michael John Null and William Grant Null, who walked out of a Michigan courtroom acquitted in 2023 of charges connected to the alleged plot to kidnap Gov. Gretchen Whitmer, have returned to court — this time as plaintiffs.

On September 15, 2026, the brothers filed Null et al. v. Nessel et al., Case No. 1:26-cv-02587, in the U.S. District Court for the Western District of Michigan. The federal docket identifies the action as a Bivens civil-rights case and shows the brothers demanding a jury trial. Defendants include Michigan Attorney General Dana Nessel, Michigan State Police personnel, FBI agents and local law-enforcement officials.

The 29-page complaint casts the brothers’ prosecution in stark terms. They contend federal and state officials manufactured a case against them through paid informants, fabricated evidence and false or misleading statements that allegedly led to their arrests, searches, detention and prosecution. The complaint reportedly names roughly 60 defendants when unidentified FBI and Michigan State Police officers are included.

The accusations are allegations, not findings of fact. None of the newly sued officials has been found civilly liable for fabricating evidence in this case.

Michael and William Null had been charged with providing material support for terrorist acts and possessing a firearm during the commission of a felony. Prosecutors alleged they participated in military-style training and traveled with others to the area of Whitmer’s northern Michigan home. On September 15, 2023, however, a jury acquitted both brothers, along with co-defendant Eric Molitor, on all charges. Five of the 14 defendants prosecuted in state and federal proceedings were ultimately acquitted, while others were convicted or pleaded guilty.

The new lawsuit alleges consequences extending far beyond the courtroom. The Nulls claim they suffered lost wages, reputational injury, property damage and the destruction of their remodeling business. They also allege unconstitutional searches and seizures and contend the criminal proceedings interfered with their Second Amendment rights while the felony charges remained pending. The complaint declares that “the only terrorists in the courtroom were the government.”

The litigation arrives as other parts of the sprawling Whitmer prosecution have also undergone renewed judicial scrutiny. In 2026, convictions involving Joseph Morrison, Pete Musico and Paul Bellar were overturned. Separately, Adam Fox and Barry Croft Jr. were convicted in federal court of kidnapping conspiracy, underscoring that the outcomes across the various prosecutions have not been uniform.

For the Null brothers, an acquittal is important but does not automatically establish civil liability. The Supreme Court has held that a Fourth Amendment malicious-prosecution claim satisfies the favorable-termination requirement when the criminal prosecution ends without a conviction. The plaintiffs must still establish the remaining elements of their claims, including the constitutional violations they allege.

There are also formidable immunity questions ahead. Prosecutors generally receive absolute immunity from damages for conduct intimately connected with initiating and presenting a criminal prosecution. Federal-agent claims present an additional complication because the Supreme Court has sharply limited expansion of damages remedies under Bivens. Conduct characterized as investigative rather than prosecutorial can raise a different immunity analysis, making the precise roles of each defendant potentially critical as the case develops.

The latest publicly indexed docket reviewed by USA Herald showed the case at its opening stage, before any merits determination. The allegations now move from the political controversy surrounding the Whitmer investigation into a federal courtroom where evidence, immunity and probable cause will take center stage.

About the Author

Samuel López is an independent news reporter for USA Herald and has reported for the publication since 2022. López is a seasoned legal professional with more than two decades of experience analyzing state and federal litigation and working on complex legal matters.

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