FOIA Lawsuit Against Michigan State Police Initiated

[XLFD]

On December 11, 2013 I turned in all the paperwork to the county clerk's office, got the requisite notarizations, and filed a new lawsuit.  Some people may think I have gone lawsuit-happy, but happy has nothing to do with it.  I have had to initiate five court processes before this, and each time it was to either open up the records, open up the government, or correct unconstitutional public policy erroneously enacted by our local councilors.  This is because they refuse to do so without me seeking help from the courts:

1) FOIA 1:  (Sept. 2011) Me and my proxy v. City of Ludington to disclose Nick Tykoski's business records with the City of Ludington since he has been an official of that body.  We prevailed in the claim (a counterclaim by the City was successful in part).  (Decided by MI Court of Appeals October 2013)

2) FOIA 2:  (January 2012) Me v. Mason County Prosecutor for nondisclosure of records.  I received records unlawfully withheld, County paid back court costs. (settled February 2012)

3) Workplace Safety:  (Sept. 2012) Me (Attorney Nick Bostic) v. John Shay and City of Ludington for violation of several Constitutional rights including due process, suffrage, use of public facilities.  Mediated and settled with me receiving $15,000 (June 2013)

4) OMA 1:  (November 2012) Me (Attorney Phillip Ellison) v. City of Ludington involved Ludington City Council making decisions and deliberations outside of a public meeting.  Stipulated judgment stating that fact, and attorney/court costs reimbursed.  (February 2013)

5) OMA 2:  (October 2013) Me v. Six Ludington City Councilors + Mayor Henderson involved willful violation of making decisions and deliberations outside of a properly noticed public meeting.  In process.

This latest is once again geared towards getting out records that a public body has wrongfully kept from the public.  This time it's a State department, the Michigan State Police withholding any reply, thereby denying the records.  The request in question dealt with the MSP's training guidelines, aka standard operating procedures for interrogation of suspects, and one of their members training records in that field.  Sent on November 15 by E-mail to their FOIA Coordinator, and later re-delivered on December 1, the MSP has failed to respond in the 16+ business days since, even though State law requires them to respond in some manner within five.

Why they haven't done so, I can only surmise, but the records I requested, depending on what they contained, may have made a difference if they arrived timely, as is related in paragraphs eight through ten in the lawsuit.  Those three paragraphs, while not necessary to the legal questions of the lawsuit, nevertheless were added so as to speculate on the MSP's motives for ignoring a FOIA request and violating the rules.  It makes it easier to see how they may violate the rules elsewhere, such as interrogating a mentally-challenged man without respecting his basic right to be informed of his rights at that interrogation. 

Other than that, it's a fairly straightforward suit claiming they had a duty which they did not perform, and what will likely result is a transfer of public money from the MSP to the Circuit Court and my process server.  I will at best recoup my actual costs incurred.  Here is a low-resolution .pdf of the Summons, Complaint, and three exhibits.  Hopefully I can see these documents and share them with the public without further ado from the police.

MSP FOIA. pdf

[XLFD]

I'll probably only get around to that when I have enough for a deck of playing cards. 

But let me also add, that the MSP FOIA policy has changed for the better since I first asked for information from them about three years ago, and got frustrated with the time it took to get info from them, the base expenses they charged for.  It would be nice if the public could see some of the product they create without having to drop their lunch and dinner money to do so, and waiting weeks. 

[AQUAMAN]

Quotation from EyE on 11/25/13; 5:06pm: "Fumbling through the archives is usually not worth the effort. It is basically a hodge podge of opinions with some facts blended in"! So EyE, why do you want to research any facts, numbers, phone numbers, anything, that is related to this thread? You have clearly shown a preponderance for laziness, and inept posts, unwarranted attacks, and more foolishness from a vain and secularly progressive type. Let the man post his numbers and information at the time it exists, and he's ready to reveal it. Noone here is on "your time schedule to produce documentation". Patience is a virtue, one that you obviously, don't have.

[XLFD]

I have conducted FOIA business with Bethany Goodwin before, about five to ten times, and whereas I could envision a personnel change within the MSP, the out of office reply shows she still works for the MSP in some capacity at least, if not still the FOIA Coordinator.  Even if she was moved out of the records division, the FOIA statute mandates she gets these requests to the FOIAC in timely manner.  I did not call the number as it was not an emergency matter, it was Sunday, and also I have never conducted FOIA business over the phone.

I did not know Frederick Lewis personally until I was contacted by some who do, who related that he was being railroaded and innocent of crimes he was being charged with.  I looked at the records of the case, and made a few reasonable value judgments over what I saw.  I think our justice system may be sending an innocent man to serve a long time in prison, and that is a crime.  And I believe Jeffrey Hammond violated Lewis' Constitutional rights egregiously in his interrogation from what I have read from the transcript.  It brings to my mind the Spanish Inquisition and the Salem Witch Trials, but improved with modern psychological techniques to extract what they want to hear. 

The recent prosecution of Sarah Knysz only strengthens that impression.  Prosecutor Spaniola kept threatening homicide charges and other crimes against Sarah, even when there is no evidence promoted to prove any element of it, but instead we give her two to five for driving away a vehicle (when she was never behind the steering wheel), and being an accomplice after the fact (because she did not run away from a crazy murderer with a gun and did what he told her to do).  And because the crime she was associated with was so execrable and against a LEO, she will likely serve the maximum or close to it and receive grief from her jailers to boot.  I see something other than justice in that; his mother will also be stoned in public and given hard time for her part in driving Knysz' father's truck away from where Eric stole the car.  No talk of justice for Eric's father, however, who supplied the truck and the guns for Eric to accomplish this crime.  Or for his uncle whose PPO probably led to some of Eric's anger issues, or for Judge Mark Wickens who gave him a get out of jail free card four times.  Sound ridiculous?  Sure it does.

[XLFD]

The summons and the complaint on the .pdf provided was a scan done before I went to the county clerk to get them filed.  I don't know whether it's mandatory, but they put those notary stamps on the paperwork, and so I don't sign the papers until I get there to file.  They also give me a case number once I pay the $150, and do a rubber stamp dance on my complaint and exhibits.   

[XLFD]

To answer your first question, State Law MCL 15.233(1) :  "An employee of a public body who receives a request for a public record shall promptly forward that request to the freedom of information act coordinator."  

 

As stated EyE, I don't do FOIA business over the phone, it is my policy.  My reluctance to conduct FOIA business on the phone is because there is a lack of a written record of the contact unless I record the conversation, meaning 1) I have to get permission to record from the other party, 2) there is lack of a definitive 'time stamp' that E-mail correspondence gives, 3) it is harder to organize audio recordings into my files, 4) public officials for the most part are haughty and aggressive on the phone, etc.

 

If the MSP were historically good in facilitating FOIA requests would I have gave them even more time or tries to fulfill their duties?  Probably, but they haven't.   If the MSP want to do anything other than capitulate on this lawsuit and surrender these records to the public to avoid punitive damages, then don't blame anyone other than them for wasting public monies and public time for not fulfilling their sworn duties to provide records to the public when requested.

[Willy]

Good work X. It's to bad this is what needs to be done in order to get information from Government agencies.

[XLFD]

It truly is too bad, because if the MSP (or any other State or Local entity subject to FOIA) actually thought of one of their important duties was transparency, they would have records be available for the asking without putting a whole lot of effort into it, as it would be part of their protocols and their computer software.

But it seems the more they want to know about us, the less they want to tell us about themselves.  That's not how this country is supposed to work.  I should know almost everything about what my government does, and they should know virtually nothing of what I do.  That's my Utopia. 

[Willy]

"I should know almost everything about what my government does, and they should know virtually nothing of what I do."

You hit the nail right on the head with that statement. The more technology seeps into Government the worse it's going to get. Government always abuses technology and becomes stronger and more intrusive with the power they take when given tools that are supposed to be used for the good of the people.

[XLFD]

Avoiding burdensome taxes is what started this republic in the first place, and it will wind up creating a new one in the not-that-distant future, EyE.  While I am not advocating dishonesty in paying your taxes, I am advocating the understanding of the underlying theory of taxation is that a group of people are taking your property from you under threat of force if you don't submit-- it's akin to robbery. 

When those who take from you and your neighbor use that property wisely and for the good of all, it is an equitable arrangement.  When they use it for non-public purposes, which happens at all levels of government currently, it falls within the category of larceny.  Here's a cheesy video that I like that explains that in its most basic terms:

 

[Willy]

I love this video. The over burdening of taxpayers encourages citizens to try and keep more of what they earn. We have a Government that takes what it wants, not what it needs. As any good economist will tell you the more money people retain from income the more they will circulate back into the economy. I tried to explain this to a relative not long ago because they insisted that the "one percenters" should pay more taxes. I tried to explain that those people do not stuff their money under a mattress. They purchase goods which creates jobs, they invest the money in various enterprises which creates jobs, they put the money in savings which is loaned out to others to purchase homes, start business, purchase cars, ect. all of which creates jobs. The more money that is circulated the better off we all are. All the Government does is takes from the taxpayers and gives it to someone else all the while they are suffocating us in bureaucracy.

[Willy]

It eventually flows back but it's the loss of productivity that makes the difference. The money gets circulated after it is filtered through the expensive cost of government. The money that is invested, saved or used for purchases in the private sector creates something while the tax money is a drain on the economy because it is taking from someone who may have purchased something with it or invested it but now produces nothing at least at the Government and the Government beneficary level. There comes a tipping point when the economy cannot continue in a healthy manner when takers in our society out number the producers.

[XLFD]

Willy and EyE are basically having a debate between Keynesian and Hayek economic policy, the first being the policy of our current president, and EyE seems to adhere more to that belief, by his assertions.  Otherwise smart people do become Keynesians, but they never get it right. 

Keynesians promote stimulus spending by the government during downturns, so even GWB had a touch of it, however true Keynesians should remember that this 'deficit' spending is supposed to be offset by reducing spending during good economic times.  Governments generally fail to do that, nor do devoted Keynesians mandate it.  So Keynesian economics winds up being good theory, but rarely (if ever) totally practiced, and thus often just a tool used by politicians to throw more money out to increase their power.

Furthermore, economic downturns do not last long enough for government intervention, so by the time the stimulus gets approved, the 'shovel-ready' projects get drawn up, the money trickles down through the proper agencies, and approved by the various government regulatory bureaucracies, the downturn is over, and the spending is done during boom times, defeating its Keynesian purposes.