MSU Law Grad Prepares to Argue Case before U.S. Supreme Court

MSU Law graduate Victoria Ferres (’14), a partner in the Port Huron, Michigan, firm Fletcher Fealko Shoudy & Francis, P.C., will argue a case before the U.S. Supreme Court on October 31. Faculty from MSU Law, led by Senior Associate Dean for Faculty and Academic Affairs, Michael Sant’Ambrogio, mooted her in preparation for her debut on the big stage.

“This is quite an achievement for any lawyer, let alone one relatively early in her career,” said Professor Sant’Ambrogio. The MSU Law team who stepped up to support Ms. Ferres demonstrated that the College walks the talk in its commitment to stand by students before and after graduation. Joining Professor Sant’Ambrogio in supporting Ms. Ferres were Professors Catherine Grosso, Michael Lawrence, and Phil Pucillo. Also participating was MSU Law graduate Katie Wendt (’14), who currently serves as Senior Attorney for the Appeals Division of the Kent County Prosecutor’s Office.

In the case, Lindke v. Freed, the question before the High Court, stated in Ms. Ferres’ merits brief filed on behalf of her client, James Freed, is, “Whether a local government employee’s social media activity constitutes state action where the employee did not use the social media account to perform a governmental duty or to act under the authority of his or her office?”

Both the U.S. District Court in Michigan and the U.S. Court of Appeals for the Sixth Circuit dismissed the case, as stated in the brief, because, “on the threshold issue of state action given that Freed was in an ’ambit of [his] personal pursuits’ when using his Facebook page, Screws v. United States, 325 U.S. 91, 111 (1945), as opposed to ’exercis[ing] some right or privilege created by the State,’ Lugar v. Edmondson Oil Co., 457 U.S. 922, 937 (1982).” The brief concludes by requesting of the Court that, “The judgment of the court of appeals should be affirmed.”

The brief filed by Ms. Ferres may be read in the Supreme Court Docket. Ms. Ferres' Oral Arguments before the Supreme Court will be available via livestream at approximately 11:00 am October 31.

Ms. Ferres’ primary practices focuses on insurance defense, municipal, law, school law, and general civil litigation. She joined Fletcher Fealko Shoudy & Francis, PC shortly after being licensed to practice law. She is licensed to practice law in the Michigan State Courts and both U.S. District Courts for the Eastern and Western Districts if Michigan. While working on her Juris Doctor (J.D.) degree, Ms. Ferres’ activities at the College of Law included Law Review Senior Managing Editor, Child and Family Advocacy Certificate, Chance at Childhood Clinic, and Legal Writing Teacher’s Assistant.