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

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EyE,

I was not suggesting you do support the current president, only the same type of economic theory that promotes government spending and controls over private sector spending to fix the economy , which even Mitt Romney was touting back in the recession of 2008. 

Your words seem to make out that you support only 'god-fearing' leaders, which is fine for you even though it may limit you from voting for someone whose policies you more agree with, if he deems himself an atheist, polytheist, or the like.  I believe that we should look at their decisions on public policy, not the decisions they make in their personal religion, when they're running for public office.  It's fine to look at it as a factor, but not as a definite deal-breaker, since they may have more morality in their policies than an upstanding Christian does. 

As for laws, I believe Martin Luther King said it best:  "One has a moral duty to disobey unjust laws.", and as for taxes, I believe the founding fathers of our country did the proper reaction to the unjust taxes levied on them by England.  Both taxes and laws can be challenged in a democracy by the people who have to live with them.  To sit back and allow bad taxes and laws to exist, will just lead to more coming your way.   Which means the government-people symbiosis you hope for, does not get realized. 

Good points X.

X

Thanks for explaining the rap video because I couldn't understand a word they said.

Neither of us are economists by trade, so some of what they rap out is gobbledygook to me too.  Economists, to me, are like nutritionists; their theories are often base on too many variables, and totally opposite propositions can work fine.  Low-carb diets, Low-fat diets, and just low-calorie diets can all work or all fail, depending on the physiology, activity and genetic dispositions of the person-- just like various economic theories can work or fail depending on a lot of variables that the market and government cannot fully control or predict.  There is no right way, or else obesity and poverty would be non-existent.

This lawsuit was finally served on the defendants (MSP) today at their headquarters in Lansing.  Bad weather and other logistical problems stifled most in-person excursions to the MSP HQ until about 2:00 PM today.  Unfortunately, when you serve the State's most powerful police agency process, you have some problems finding a server of process who wants to suffer possible repercussions by this incredibly powerful agency, and you definitely don't want to entrust it with an officer of the law, unless you are fully confident in their devotion to the law over their devotion to their fellow law-breaking officers. 

I came along to document the event and for security/witnessing the service.  It's difficult from Michigan Court Rules to figure out how to properly serve a police agency, like the MSP, where there is not clear organization and you cannot get into the inner sanctum of the agency.  I had to get every sort of documentation of the event I could, just in case they try to say service wasn't proper.

Be careful when dealing with these people. folks I know in City and County law enforcement don't really care much for MSP officer's and administration's attitude. Cover all of your bases as well as your _ss. They just might use their powers to pry into your personal life and your business.

That's the impression I have always got from dealing with these people in FOIA requests, that impression was reinforced when the server gave the receptionist, Ken Miller, the lawsuit.  He was polite enough, but informed us that we should wait until he made a contact with others.  A lady and gentleman came down and grilled us on our personal information, and implied that they couldn't (in their capacity) accept the process.  The system is set up to give these people a scary amount of power, I was not going to subject my server to having to go beyond their outer bunker.

I half expect their legal team to try and say they weren't served properly, because they really have no other argument for their behavior which precipitated this lawsuit, and their historical indifference to following the FOIA.  If they want to waste public money obstructing justice and defending their unlawful actions, I'll make sure that fact is well advertised.    

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