Michigan judge extends temporary ban over text messages in Mel Tucker, Brenda Tracy case

(CBS DETROIT) – An Ingham County judge extended a temporary restraining order in the legal battle between former Michigan State University football coach Mel Tucker and Brenda Tracy, a woman who accused him of sexual harassment.

Judge Wanda Stokes of the 30th District Judicial Court granted the extension on Thursday. It will be effective until the next hearing on Oct. 26. 

The ban stemmed from text messages released by Tucker’s attorneys on Oct. 5 between Tracy and Ahlan Alvarado, a friend and assistant who died in June. 

According to an affidavit, the text messages were from Alvarado’s phone, which was in the possession of her husband. Tucker’s legal team alleged Tracy was motivated by personal gain and that she had consensual relationships with Tucker and at least one other coach.   

In response, Tracy obtained a temporary restraining order that was granted in state court and went into effect through Oct. 20. Her attorneys claimed the messages revealed confidential information such as sexual assault survivor medical records and business information.

Tucker’s attorneys on Tuesday filed a motion in federal court to remove the ban that barred them from releasing additional messages. His legal team wrote in Tuesday’s filing that the released messages “enclosed only heavily redacted written communications limited to particular issues that Tracy herself raised, demonstrating the utmost care in not releasing any extraneous information.”

With Thursday’s ruling, Tucker and his attorneys are now banned from releasing, possessing, or retaining any calls, text messages, emails, and any other data from Alvarado’s cellphone. 

MSU officially fired Tucker on Sept. 27. The then third-year coach was accused of sexually harassing Tracy during a phone call in April 2022. Tracy, an activist and rape survivor, claimed Tucker masturbated without her consent, but Tucker claimed it was consensual.

Legal battle between Tucker, Tracy moved back to state court

In federal court, U.S. District Court Judge Robert Jonker granted Tracy’s motion to move the case back to state court.

Tracy’s team filed an amended complaint on Tuesday to remand the case to state court after Tucker’s team sought to move it to federal.

On Wednesday, Tucker’s lawyers rejected the amended complaint that also included removing a federal claim of violating the Computer Fraud and Abuse Act. His attorneys argued that while they did not object to removing the federal claim, it does not automatically transfer the case to another court.

“Plaintiffs’ remand motion boils down to the incorrect assumption that removal of their CFAA claim automatically divests this court of subject matter jurisdiction,” his legal team wrote in their response.

“Plaintiffs twice raised a federal claim in state court pleadings in their bid for injunctive relief, but as soon as Defendants rightfully removed to this court based on that claim, they immediately sought to withdraw that claim in hopes of returning to state court—subjecting Defendants and the judiciary to a manipulative forum shopping process,” they later wrote.

However, Jonker on Thursday ruled that the case should return to the state as the federal court had not been as involved from the beginning.

The Court dismissed [Tracy’s attorneys’] CFAA claim only two days after [Tucker] removed the case to federal court, so the Court has not yet invested significant time or other resources in this case. Indeed, as noted above, the federal litigation is so new that the Court has not even held an initial scheduling conference with the parties,” Jonker wrote in his decision. “The 30th Judicial Circuit Court in Ingham County is best positioned to decide [Tracy’s] remaining Michigan state law claims.”