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Thread: Details of my Civil Action against Missaukee County, sound advice needed!

  1. #1
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    The Missaukee County Gun Board was scheduled to meet on September 4th, 2008 at the Missaukee County Court House. I received written notice from Missaukee County Clerk, Carolyn Flore that said that I was to attend this gun board meeting. I collected witnesses for this meeting; many took the day off of work to be at this meeting. My wife called Carolyn Flore at 0815 on September 4th to confirm the meeting time and to find out what room the meeting was to be held in.
    Carolyn Flore said "The meeting was held on Wednesday (the day prior to the scheduled meeting) due to circumstances beyond our control." and that the gun board decided to suspend three CCW permits at this meeting.
    There was no posted notice of this meeting change in the court house, in the newspapers, or attempt to contact the individuals that this gun board was attempting to restrict.
    Barbara Hancock and Samantha Nasser personally checked the court bulletin boards for a meeting change and found that there was no posted notice of a meeting change. Carolyn Flore was also witnessed checking the board for a meeting change posting and found that the meeting change had not been posted.

    I did a brief research on the Michigan.gov website and found that THE MISSAUKEE COUNTY GUN BOARD did violate the open meetings act on almost every aspect of the act.

    I then talked to a city former County Commissioner, Don Halverson; who informed me that violations of the Open Meetings Act 267 of 1976 were common place in Missaukee County at 111 S. Canal Street and that there have been many complaints in the past regarding the same or similar issues, to include FOIA.

    I contacted the State Attorney Generals Office on Sept. 5th and faxed a complaint.
    After nearly 30 days of waiting the complaint was provided an unsatisfactory and generic answer that ignored the violation of the Open Meetings Act 267 of 1976. I spoke to a young lady named "Mary" at the Attorney General's criminal division.

    I immediately contacted the Attorney General's Office with a much shorter complaint that ONLY addressed the violation of the Open Meetings Act 267 of 1976 since the prior reply choose to disenfranchise that issue.

    Approximately two weeks later, I took time off so that I could attend a meeting that was held at the Cadillac High School Auditorium in Cadillac Michigan in Wexford County held by State Attorney General Mike Cox and Tom Quasarano (517-373-1162)

    I was fortunate in the sense that turn out was very small and I was able to directly address the Attorney General regarding the flagrant violation of the open meetings act by the Missaukee County Gun Board and the Attorney General agreed that I have a good case and Tom Quasarano agreed that I have a winning case against the Missaukee County Gun Board, specifically Sheriff Jim Bosscher and Prosecutor William Donnelly Jr. who are the primary fixed members of the board and are not performing the duties of the Gun Board in accordance with the firearms act 372 of 1927, which is the act that makes the County Gun Board a lawful organization.

    I waited for an answer from the State Attorney General Office regarding this issue until the week prior to my 60 day deadline to file a complaint for this civil violation.

    I contacted every competent attorney from Cadillac to Traverse City that I knew of.

    I have three written denial letters to prove it.

    All of the attorneys that I spoke to cited the fear of vindictive repercussions against current and future clients in Missaukee County courts made by Sheriff Jim Bosscher and Prosecuting Attorney Bill Donnelly Jr.

    I understand their fear; I have been employed by the Missaukee County Sheriff Department for nearly seven years prior to this incident as an Inmate Work Crew Supervisor.

    I have personally witnessed Sheriff Bosscher commit several felony and misdemeanor crimes prior to my forced resignation on 04/22/2008.

    My witnesses who were going to the canceled gun board meeting were individuals affected through my charity work and family members who had been harassed and threatened by two deputies of the Missaukee County Sheriff Department regarding the "creating a disturbance" charge that was used to initiate the illegal gun board action. A quick study of MCL 750.167 will reveal the creating a disturbance is not one of the charges that fit the definitions for license removal.

    In my opinion and to the best of my knowledge, information, and belief, this entire action was generated with malice, fore though, and personal contempt by Sheriff Jim Bosscher in an effort to discredit me, should I decide to expose the multiple felony offenses committed by Jim Bosscher via his position as Missaukee County Sheriff during the time I worked at MCSO.

    I personally filed this complaint using the material and assistance I had available and could find online on Monday, at approximately 1430 hours in Missaukee County. I taped the entire filing process with a voice recorder.
    County Clerk Carolyn Flore tried desperately to get me to file the case code as an appeal.
    I explained to her several times that I have no intent to appeal the results of an illegal meeting that violates the open meetings act and likely the freedom of information act.

    I filed both the complaint and summons.

    My case number is 7171CZ



    OTHER COMPLAINTS
    I attempted to serve the complaint and summons to both the Sheriff and Prosecutor Bill Donnelly immediately afterwards. (Both on tape)

    The dispatcher on duty refused to attempt to locate the Sheriff and appeared to know that I was looking for Sheriff Bosscher to serve summons and complaint.
    I suspect she was provided notice from the county clerk’s office.

    Immediately afterwards, I went directly to the prosecutors office.

    Bill Donnelley refused service because he felt that he could refuse service if he wants to because I had to represent myself due to the lack of local legal representation.

    I have been forced to use expensive certified mail with return receipts to serve these document and may have to employ the state police to serve these documents, since the chief law enforcement officers in Missaukee County have chosen to continue to behave in an unlawful manner, and since the state seems to be unwilling to get involved and regulate their behavior.

    COMPLETE DESCRIPTION

    MISSAUKEE COUNTY GUN BOARD HELD (OR SUPPOSEDLY HELD) AN ILLEGAL MEETING ON SEPT.3RD 2008.

    DURING THIS MEETING THEY MADE DECISIONS REGARDING THREE INDIVIDUAL CITIZENS THAT COULD HAVE COMPRISED THESE CITIZENS SAFETY, EMPLOY-ABILITY, AND LEGAL STANDING WITHOUT GIVING THESE INDIVIDUALS THE LEGALLY MANDATED OPPORTUNITY TO SPEAK IN THEIR DEFENSE AND SUPPLY WITNESSES IN THEIR DEFENSE.

    I BELIEVE THE THIS LEGAL MEETING WAS PART OF AN UNLAWFUL PERSONAL ATTACK COMMITTED BY SHERIFF JIM BOSSCHER.

    THE INDIVIDUALS MENTIONED IN THIS COMPLAINT AND SUMMONS ARE THE TOP LAW ENFORCEMENT OFFICERS IN MISSAUKEE COUNTY.

    BOTH INDIVIDUALS ARE AWARE OF THE LAWS THAT THEY HAVE BROKEN.

    BOTH INDIVIDUALS HAVE MADE EFFORTS TO CONTINUE TO SIDE STEP THEIR VIOLATIONS AND IGNORE THIS COMPLAINT WITH WILLFUL AND CALLOUS DISREGARD.

    I CONTACTED THE STATE ATTORNEY GENERALS OFFICE PRIOR TO INITIATING LEGAL ACTION IN THE HOPE THAT THE ATTORNEY GENERALS OFFICE WILL SEE THAT MISSAUKEE COUNTY NEEDS OVERSIGHT FROM A HIGHER AUTHORITY DUE TO SYSTEMIC CORRUPTION.

    I WAS FORCED TO FILE THIS COMPLAINT AND SUMMONS WITHOUT PROFESSIONAL LEGAL AID DUE TO TIME CONSTRAINTS ON 11/03/2008.

    WHAT I NEED:

    I need legal guidance.

    I would like to have an experienced and professional attorney who has had success perusing open meetings act and FOIA violations.

    I have less than twenty days to submit my receipts of service to the clerk’s office and both of these individuals are hiding behind their elected positions and are refusing service.

    I would like to receive any relief the court deems equitable and help the citizens of Missaukee County receive relief from our thoroughly broken criminal justice system, and feel that this case will be wasted without the assistance of qualified legal aid who are not afraid to help attempt to stop these small county tyrants.

    I believe that this case is impossible to loose.
    I believe I could win at least a portion of the mandated financial award by my self, and I know that I will win the additional fees and costs as well.
    It is also my belief that the fee and costs will be little more than a drop in the bucket to these professional politicians.

    The person who is responsible for the improper research (Sheriff Jim Bosscher according to the Firearms Act 372 of 1927) should receive a misdemeanor conviction for his role in this debacle.

    I would hope that the result of this summons and complaint may lead to greater supervision and oversight at the Missaukee County Sheriff Department and the Missaukee County Court System and a more equitable Gun Board with at least one member of the board being a non- police related individual or a publicly elected member.

  2. #2
    Regular Member Taurus850CIA's Avatar
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    Have you tried any of the attorneys mentioned in the "Michigan Open Carry Info Here" thread? One of them may be interested, or know someone closer to you who may be interested.

    Steven Dulan Attorney, site: http://www.stevenwdulan.com/

    Jim Simmons: Law Offices of James T. Simmons, P.C. 45700 Village Boulevard Shelby Township, Michigan 48315-6093 (586) 566-1900 (586) 532-4110 fax jtsimmons@jtsimmons.com

    David Bieganowski. 400 E 8th St., Traverse City, phone (231) 947-6073.

    Melissa M. Pearce: 2276 Wixom Rd. Commerce Twp., MI 48382 (248) 467-1930 FAX (248) 684-0029 melissapearce@ix.netcom.com.

    John Freeman, Criminal Defense Attorney
    Liberty Center Suite 200--100 W. Big Beaver Road Troy, MI 48084
    866-720-3708 or 248-918-0790 Emergency 24/7: 313-330-2653 Troy, MI
    Pro-gun and NRA member. Free initialconsultation with the Law Office of John Freeman, call 866-720-3708 toll free, or send us an e-mail.
    Website: http://www.formerfedlawyer.com/

    Matthew G. Davis, 119 E. Kalamazoo St. Lansing, MI 48933 (517) 913-5107 Cell (517) 281-9374 [url=mailto:Foster5701@hotmail.com]Foster5701@hotm
    "Fault always lies in the same place, my fine babies: with him weak enough to lay blame." - Cort

    Gun control is like trying to reduce Drunk Driving by making it tougher for sober people to own cars.

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  3. #3
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    I ANAL and know nothing of MI law. WI Department of Justice publishes an Open Meetings Law Compliance Guide that contains a VERIFIED OPEN MEETINGS LAW COMPLAINT form. Likely a similar guide/form exists in MI law. Good luck.

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    This is the kind of thing that we should not have to put up with. I don't know the law very well but it appears that you have a decent case (if you are correct about the details). If so, I hope that you are able to find a competent attorney who has enough backbone to challenge these chumps.

    Best wishes!

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    As far as the receipt of service, or delivering the summons I believe the state of michigan still allows any one to serve. You may be able to find a friend or some one who the sheriff won't recognize, and serve the notices.

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    The initial post seen above was my document submitted to the ACLU several months ago.

    That is why the caps are there.

    It is part of their format.

    The incident did happen exactly as I wrote it and there are many other incidents of criminal action from the Missaukee County Sheriff since then.

    Threats and intimidation against witnesses has been the most recent.

    The judge or his office has released a series of documents to Sheriff Bosscher and Bill Donnelley's attorneys that were provided by a witness who works at the court house.

    The documents the witness provided prove that I has given fraudulent and forges documents in my FOIA request.

    I need a bigger gun in this issue.

    I have evidence of a larger criminal conspiracy and need to have involvement from a higher power very soon for the safety of the remaining witnesses.

    This thing started out as being out of control and now we are in a serious mess.



  7. #7
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    Have you contacted a lawyer? Unfortunately, it sounds like that is the only option at this point in the game. What did the ACLU have to say about it? Have you contacted anyone at MCRGO? You can reply here or PM me.

    -Rob

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    Rob Washeleski wrote:
    Have you contacted a lawyer? Unfortunately, it sounds like that is the only option at this point in the game. What did the ACLU have to say about it? Have you contacted anyone at MCRGO? You can reply here or PM me.

    -Rob
    Rob, I have contacted many lawyers and attorneys.

    I got more information here earlier and did contact the attourney from Traverse City in the thread above.

    I got hold of a secretary and did not receive a call back after leaving my information.

    (not a good start)

    I will try others but was hoping for someone closer to northern Michigan or someone with the power to make a difference.

    The last thing I want is a mediator fresh from MSU who is going to charge a large fee for trying to talk me into dropping the case.

    (yes, there are plenty of attorneys and lawyers out there who seem to specialize in this practice.)

    That kind of attorney shines in a domestic dispute but fails miserably when you are trying to make a corrupt local government walk the line.

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    Spriteman65 wrote:
    Rob Washeleski wrote:
    Have you contacted a lawyer? Unfortunately, it sounds like that is the only option at this point in the game. What did the ACLU have to say about it? Have you contacted anyone at MCRGO? You can reply here or PM me.

    -Rob
    Rob, I have contacted many lawyers and attorneys.

    I got more information here earlier and did contact the attourney from Traverse City in the thread above.

    I got hold of a secretary and did not receive a call back after leaving my information.

    (not a good start)

    I will try others but was hoping for someone closer to northern Michigan or someone with the power to make a difference.

    The last thing I want is a mediator fresh from MSU who is going to charge a large fee for trying to talk me into dropping the case.

    (yes, there are plenty of attorneys and lawyers out there who seem to specialize in this practice.)

    That kind of attorney shines in a domestic dispute but fails miserably when you are trying to make a corrupt local government walk the line.
    The ACLU branch close to me exists only for fund raising purposes and does not staf a Michigan BAR attorney.

    ACLU Detroit made it clear to me that I do not fit their racial and ethnic profile, they were not interested and would not be unless there was an element of racial discrimination or similar political intrigue.

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    Good luck with the case, they should have their asses nailed to the wall for this. There's nothing worse than corruption, especially in law enforcement. I hope that one of lawyers listed is willing to take the case. This has to be dealt with.

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    Attorney Ken Walz Of Big Rapids. (231) 592-1007

    He does personal injury work but should be able to refer you to a competent (and) unintimidated lawyer. Ken's newspaper ads brag about all of his big game hunting experience. He is certainly pro 2A.

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    Dan F. wrote:
    Attorney Ken Walz* Of Big Rapids.* (231) 592-1007

    He does personal injury work but should be able to refer you to a competent (and) unintimidated lawyer.* Ken's newspaper ads brag about all of his big game hunting experience.* He is certainly pro 2A.*
    I did try to contact him this afternoon.

    Looks like he was out of the office and left his Fax machine on.

    Hopefully I will be able to speak to him tomorrow.

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    Spriteman65 wrote:
    Spriteman65 wrote:
    Rob Washeleski wrote:
    Have you contacted a lawyer?* Unfortunately, it sounds like that is the only option at this point in the game.* What did the ACLU have to say about it?* Have you contacted anyone at MCRGO?* You can reply here or PM me.

    -Rob
    * Rob, I have contacted many lawyers and attorneys.

    *I got more information here earlier and did contact the attourney from Traverse City in the thread above.

    *I got hold of a secretary and did not receive a call back after leaving my information.

    (not a good start)

    *I will try others but was hoping for someone closer to northern Michigan or someone with the power to make a difference.

    *The last thing I want is a mediator fresh from MSU who is going to charge a large fee for trying to talk me into dropping the case.

    (yes, there are plenty of attorneys and lawyers out there who seem to specialize in this practice.)

    *That kind of attorney shines in a domestic dispute but fails miserably when you are trying to make a corrupt local government walk the line.
    *
    The ACLU branch close to me exists only for fund raising purposes and does not staf a Michigan BAR attorney.

    *ACLU Detroit made it clear to me that I do not fit their racial and ethnic profile, they were not interested and would not be unless there was an element of racial discrimination or similar political intrigue.
    The attorney in Traverse City called me this morning and said he was interested and that he did leave a message.
    Not sure why I did not get the message, I suppose one of the kids must have got to the machine before me.

    I will find out.

    Regardless, he sounds like he knows the issue well and will be good for the task at hand.

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    Have you contacted the MIAG yet (Mike Cox)?

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    Might i suggest that you contact the state police, ask if they have a investigations unit.

    PS keep that documentation (SAFE) and explain your concerns for you & your witnesses safety, and that you fear for your life, as you have been threatened.

    Keep a recorder and travel in two's when possible....

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    Yes, I have.

    I have been advised to do it again since some issues have changed since then.

    It looks like I have an attorney now, so I would go through him first so I do not make things more difficult by irritating him.

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    mastiff69 wrote:
    Might i suggest that you contact the state police, ask if they have a investigations unit.

    PS keep that documentation (SAFE) and explain your concerns for you & your witnesses safety, and that you fear for your life, as you have been threatened.

    Keep a recorder and travel in two's when possible....
    I am not sure of what to think of the State Police Investigation process at this moment, but I have contacted them and there is an ongoing investigation.

    IMHO, I do not expect much from them right now.

    They know laws were broken but they act as if I am perusing their mentally challenged cousin.

    In other words, they know that Missaukee County Government has broke the law and done wrong, but they seem to be very hesitant to hold anyone accountable for the violation.

    I had to return the Lt's phone call twice to make sure he understood that I am perusing the violations of FOIA and the fraudulent documents.

    Meanwhile, there is already a Lt. involved with this issue as a member of the same Gun Board.

    I contacted the district initially because I expected someone with rank and authority to handle it, at the very least because one of their own is involved and he may be in a compromising condition due to the indiscretion of other members of the board he is on.

    I will try to contact the criminal division at Mike Cox office and see about the issue.



  18. #18
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    These things do take time; I would just be a little patient. Legal issues are an especially slow process. I was involved years ago with a local government issue that was investigated by MSP and, even though it seemed to take forever, I certainly did agree with the outcome. It really was much more than I or the other people involved expected. Hang in there.
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer I am not a lawyer! Please do not consider anything you read from me to be legal advice.

  19. #19
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    DrTodd wrote:
    These things do take time; I would just be a little patient. Legal issues are an especially slow process. I was involved years ago with a local government issue that was investigated by MSP and, even though it seemed to take forever, I certainly did agree with the outcome. It really was much more than I or the other people involved expected. Hang in there.
    In the last conversation I has with the State Police Lt. that was delegated the task of investigating this incident he used the phrase, "nip this thing in the bud." before he corrected himself.

    That is not the kind of thing that inspires my confidence in their abilities.

    The attorney in TC is charging me for working on it now, so that is a plus (as long as something is being done)

  20. #20
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    Update: This is still ongoing!

    This went to the Wexford county Circuit court last month where Judge Hoag told Missaukee County gun board and their legal representation that they did indeed act unlawfully, however their slick and slimy attorney from Grand Rapids did manage to contort the facts and create enough senseless paperwork to make it seem as if the real question was "did I legally live in Missaukee county at my address when I received the permit."

    Judge Hoag gave the Missaukee county Gun Board a little free ride on this and said that the ends justify the means and it was up to them to prove that i did not live at the address I lived at when I recieved my permit.

    I went to another gunboard, might I add another ILLEGAL gunboard that STILL ignores the open meetings act.

    They attempted again to interrogate me and treated me poorly as usual.

    I provided a rent check and a copy of my lease agreement with the landlord's signature and a move out date more than a month after I received the permit.

    I provided more than enough indisputable information that proved I was there.

    The Sheriff takes great pride in the fact that he stalled out this process to the point that my permit is no longer valid, he seemed to be ignorant to the fact that weather or not it is valid has no bearing on the case since it was illegally denied in the first place.

    I have many Thousands of dollars invested in this case.

    It is the first known case like it in the state of Michigan.

    Missaukee County is out of control and needs to be put to task.

    If the Sheriff, under-sheriff, county prosecutor, a State Police Lt., and a County Clerk will hold themselves above the law and nobody will hold them accountable for their actions than it does not matter what anybody here is doing.

    The thieves within your own local government will actively hold their personal grudges and best interests above any citizens rights regardless of the law.

    The only question left is if there is any real recourse.

    If they find a way to wiggle out of this without having to pay all of the court Costs involved, there is no justice.
    Plain and simple.

    I will update this as things happen to the best of my ability.

    For everyone's interest, I have more than $6000 into this to date.

    Keep this in mind for future reference.

    Also, the attorney i ended up with is the one i should have started with.

    Pay for the best from the start before the liars try to trick you or rework your statements into things you did not say and add them to record that way.

    I have a taped deposition that is remarkably different than the recorders version.

    I have seen some amazingly stupid attempts to add fraudulent information to record throughout this that should astonish anyone.

    Here is another piece of info I know:

    If there are any real punishments for a county clerk or L.E.O. who creates false documents, Mike cox is not interested in doing anything about it.

    Not sure at all where I stand on voting for that guy.

    I feel like he and his assistants seem to have left me high and dry after he realized I was going after a gun board and not a school board.







  21. #21
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    Bill Donnelley refused service because he felt that he could refuse service if he wants to because I had to represent myself due to the lack of local legal representation.

    Not exactly sure what you mean by this. There is no such thing as refusing service. Might want to have them properly served or refer to Service of Process.

    Michigan Rules of Civil Procedure Please note that lobbyists are active in the state of Michigan and laws concerning civil procedure and process serving can change. Therefore the information listed below may have been amended. For updated process serving legislation, please visit the Michigan Courts web site.



    http://www.serve-now.com/resources/p...laws/Michigan/

  22. #22
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    You have seized on a piece of last years news.

    Yes, I had to pay a "special deputy" professional process server to serve Mr.Donnelly.

    The interesting part is if the Judge will order him to repay that cost, or just the costs from the Attorney's work.

    It would appear that there is a loop hole in everything for these sleazebags to exploit.

    I remain optimistic knowing that the Judge already told the Missaukee County Gun Board that they operated essentially illegally.


    As far as inforcing the existing laws that are supposed to regulate these people, they seem rather adept and cocky about flaunting the laws and even seem to have the opinion that they are the law and can do what they want to.

    Consider the Open Meetings Act as a prime example.



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    I believe that will be inclusive in the attorney fee's just make sure you give the a copy of the proof of service and reciept of bill from the process server to the attorney.

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