The Amers had three children taken away from them due to murder charges from what was later proven to be an accident in the bathtub involving two-year-old son Samier. Rehab Amer, the mother, was given a quick and decisive acquittal from the charges, but the state still took her daughter Zinabe, the third child, within 24 hours of her birth. 

Ayad had sought an equitable tolling doctrine application in the case, which meant that “extraordinary circumstances” had to be proven for why they did not bring the suit earlier. 

The Amers had waited to announce the suit until last March out of fear that the state would take their son, Hussein, from them as the others were. Hussein was born in Canada and the Amers introduced him as their nephew to others. They waited until he turned 18 and believed that the circumstances were enough to qualify as extraordinary, as they entered court in November flanked by several civil rights groups in support. But Borman dismissed the case saying it should’ve been brought sooner. 

“It’s unfortunate the Amers have taken another blow on the long road to justice,” Ayad said. “From a community standpoint we had to do all we could…It’s not easy opening an over two and a half decade case…Of course the judge was concerned that the floodgates could open but under this set of circumstances we felt that they could have made an exception because of the exceptional and extreme conditions that this family had to endure.” 

The judge said that various fees will not be charged if the family decides not to appeal the case. According to Ayad they most likely will not appeal.  

The Amers also had visited their children in the center and noticed a pattern of abuse from a foster mother according to a case investigator as named in the lawsuit that resulted in physical injuries, 

It was also alleged that Rehab Amer was blackmailed at one point into falsely admitting she had killed Samier in exchange for permission to keep custody of her children. But she refused, not wanting to take the blame for a crime she didn’t commit. The state also refused to place the kids with relatives who were deemed fit parents. 

The Amer family managed to turn the devastating situation into a victory for Michigan families when they were able to pass the ‘Amer Act,’ HB 4118 in December 2010, which gives preference to family members and religion and culture considerations in foster situations. 

Rehab Amer said that she and her husband Ahmed were both shocked by the decision but at the same time “didn’t expect any less” considering that no one seemed to want to hold those who caused the family’s injustice accountable. She also said that she believed that the floodgates of other cases of injustice would open if their suit had gone through and many other victims would have come forward. 

“What is so sad and heartbreaking is, ‘Where is the justice in that our hearts as well as our children’s were torn out into many pieces? My heart will never be whole again,” she said, adding that she feels great empathy for the many others who have faced similar injustices. 

She and her husband have been invited to speak at the Best Interest Child’s Summit on Feb. 11 in Tuscula County, Michigan. Despite the decision, the family has taken some solace in the passing of the landmark Amer Act. 

“I have many families that I’ve helped with the Amer Law HB 4118 who got their kids placed with their families,” Rehab Amer said. “That is a blessing and I’m forever grateful to God the Almighty for giving me the strength to keep going in order to make sure no one’s cries go without being heard.”