Sandra Hernden, a Michigan mother and veteran police officer, never imagined that advocating for her son during the COVID-19 school shutdowns would lead to a legal battle with national implications. Sandra tells her story alongside Steve Delie, the Mackinac Center Legal Foundation attorney representing her case, on The Overton Window Podcast.
When remote learning caused serious emotional and educational challenges for her children, especially her special needs son, Sandra took action. The lawsuit started with a September 29, 2022 complaint and has most recently included oral arguments before the Sixth Circuit Court of Appeals on June 12, 2025.
“It started back when COVID hit. All three of my children were in the Chippewa Valley School District,” Sandra explains. “There was really no game plan… weeks turned into months. And I noticed a huge shift in my children’s emotional states, their attitudes … and it scared me as a parent.”
Like many parents during the pandemic, Sandra tried to work with the school board, initially by email and then by speaking at virtual board meetings. “It was to the point that it was a daily emotional breakdown for my children. … And I couldn’t stand by.” Her appeals were met with silence — and then retaliation.
“The next thing you know, I’m finding out that the board president had referred me to the Department of Justice,” she says. The school board also contacted her employer, alleging she was “a ringleader” causing disruption. But her police department stood by her, affirming her right to speak as a mother, separately from as an officer.
Attorney Steve Delie of the Mackinac Center Legal Foundation took up her case. “Sure, in this case, the investigation by Sandra’s chief cleared her of any wrongdoing. … But in a bad department or any work environment, the outside pressure might be too much.”
Delie presented an oral argument to the Sixth Circuit Court on June 12, emphasizing the case’s broader implications for free speech. “Even if we assume there was no monetarily compensable injury, you’re still talking about government officials taking advantage of their elected positions of power to silence opposition. … That can’t be the way society functions.”
The lawsuit seeks symbolic damages: “In Sandra’s case, what we’re really asking for is three dollars and an apology,” Delie says. “Our most ideal ruling would really be a recognition that … if you retaliate against somebody for exercising their First Amendment rights, you can be held accountable.”
Sandra now serves on her local school board, where she ensures every parent’s voice is heard. Her message to other parents is this: “Your voice absolutely has power behind it. It can inspire change… You can never give up, especially when it comes to your children.”
Listen to the full story of Sandra’s fight to defend her children on the Overton Window podcast.
