Pardoned Pro-Life Pastor Continues Fight for Justice

Pacific Justice Institute prepares Federal Tort Claims Act claim following dismissal of federal criminal case

DETROIT, Mich. - Pacific Justice Institute (PJI) continues its representation of Pastor Justin Phillips, a Michigan pastor, husband, father of four, and pro-life advocate whose federal criminal case was dismissed after receiving a presidential pardon.

Although the criminal proceedings have concluded, PJI is now preparing a claim under the Federal Tort Claims Act, alleging that Pastor Phillips was subjected to unequal treatment because of his religious beliefs and peaceful pro-life advocacy.

The underlying criminal case, United States v. Calvin Zastrow, et al., arose from a peaceful pro-life demonstration outside an abortion facility in Michigan. Pastor Phillips joined other demonstrators in a sit-in outside the facility while praying, singing Christian hymns, and encouraging women to choose life. According to PJI, participants anticipated the possibility of misdemeanor trespassing charges consistent with historical acts of peaceful civil disobedience.

Instead, federal prosecutors charged Phillips and several co-defendants under 18 U.S.C. § 241, commonly known as the Conspiracy Against Rights statute. Originally enacted during the Reconstruction era to combat organized efforts to deprive newly freed African Americans of their civil rights, the statute has rarely been used in prosecutions involving peaceful pro-life demonstrations.

Following a six-week trial in the U.S. District Court for the Eastern District of Michigan, Phillips was convicted. Before sentencing, however, President Donald J. Trump issued pardons for Phillips and other peaceful pro-life demonstrators, resulting in the dismissal of the criminal proceedings against them.

Although the criminal prosecution has ended, PJI believes important legal questions remain.

The organization is preparing a Federal Tort Claims Act claim alleging that peaceful pro-life demonstrators were treated differently than other protesters because of their religious beliefs and expressive activities. Pastor Phillips intends to seek $150,000 in damages, along with approximately $22,000 in attorney fees incurred defending the federal prosecution. PJI has until January 23, 2027, to submit its administrative claim to the federal government.

Brad Dacus, founder and president of Pacific Justice Institute, said the case represents an important test of equal justice under the law.

"Our constitutional freedoms mean little if they are applied differently depending on who is exercising them. Every American deserves equal protection under the law, regardless of religious conviction or viewpoint. When peaceful citizens believe they have been singled out because of their faith, those claims deserve careful review. Pacific Justice Institute remains committed to defending religious liberty and ensuring that constitutional protections are applied equally to everyone."

David Peters, a Michigan attorney with Pacific Justice Institute who represented Pastor Phillips throughout the criminal proceedings, said the next phase of the case seeks accountability through the civil justice system.

"Pastor Phillips endured years of uncertainty, a lengthy federal prosecution, and significant personal hardship before ultimately receiving a presidential pardon. While the criminal case has concluded, we believe serious legal questions remain regarding the government's handling of this prosecution. We are preparing a Federal Tort Claims Act claim to seek accountability through the legal process and to pursue justice on behalf of our client."

For the Pacific Justice Institute, the dismissal of the criminal case marks the end of one chapter, not the end of the pursuit of justice. The organization will continue advocating on behalf of Pastor Phillips as it prepares the next phase of this litigation and seeks to ensure that peaceful Americans are afforded the full protections guaranteed by the U.S. Constitution.

Pacific Justice Institute continues to defend religious liberty, parental rights, free speech, and other constitutional freedoms through litigation and legal advocacy across the nation.

Learn more about Pacific Justice Institute's work: WWW.PJI.ORG.

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