Dubay v. Wells

Plaintiff Matthew Dubay ("Dubay") appeals from the district courts dismissal of his case pursuant to Federal Rule of Civil Procedure 12(b)(6), and its award of attorney fees to Defendants Lauren Wells ("Wells"), Saginaw County Prosecuting Attorneys Office (the "County"), and Intervenor-Defendant Michael A. Cox, Attorney General of the State of Michigan ("Attorney General"). After Wells told Dubay she was infertile and using birth control, she became pregnant with Dubays child, had the baby, and sued for child support. A Michigan court awarded child support and Dubay brought this action challenging the constitutionality of the Michigan Paternity Act, Mich. Comp. Laws § 722.711 et seq. (2002), and related statutes under the Equal Protection Clause of the Fourteenth Amendment.