The motion emphasized that Baird did not allege Nessel acted as a witness or investigator, which could have affected her immunity. Nessel also pointed out that she was not involved in appointing the trial judge who oversaw the case or issued the indictment against Baird, highlighting that the trial court made those determinations.
Along with Nessel, former chief deputy attorney general Fadwa Hammoud and Wayne County prosecutor Kym Worthy also filed motions to dismiss Baird’s lawsuit, asserting they were entitled to prosecutorial immunity. They argued that Baird’s claims fell within the judicial phase of the prosecution and that Baird did not sufficiently allege personal involvement on their part.
Hammoud and Worthy also argued that Baird’s claims were barred by the statute of limitations. They said the actions Baird alleged were taken in their roles as prosecutors during the judicial phase, which is protected by absolute immunity. Additionally, they argued Baird’s civil conspiracy claim could not survive because the defendants were part of the same collective entity.
