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Michigan Constitutional Law Questions & Answers
0 Answers | Asked in Civil Litigation, Constitutional Law and Gov & Administrative Law for Michigan on
Q: Is it possible for a public body to investigate and there's no official records/documentation?

Prior to the withdrawal of a court complaint two public bodies sent invoices for requested FOIA records. One invoice was nearly $2,000 and the second public body nearly $300. After the withdrawal of the court complaint several months earlier, now both public bodies affirm and certify that those... View More

1 Answer | Asked in Constitutional Law, Gov & Administrative Law and Landlord - Tenant for Michigan on
Q: Who has the duty of remedying mold in public housing?

How should the tenant proceed due to being exposed to mold and does any failure to properly remediate the mold and it's root causes, violate the Fair Housing Act?

James L. Arrasmith
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answered on Oct 28, 2024

In public housing, the responsibility to remedy mold typically falls on the housing authority or landlord. They are obligated to maintain a safe and healthy living environment, which includes addressing mold issues promptly. It's important to notify your landlord or property manager in writing... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: A court clerk said the judge sees the evidence with the complaint, was this judicial misconduct?

A Pro Se complaint was filed. The clerk stated that documents are scanned, she would stamp them and give them back. She did not give them back. How should the Plaintiff had handled that situation?

Brent T. Geers
Brent T. Geers
answered on Oct 28, 2024

Judicial misconduct? No. Are you referring to the return of exhibits attached to a complaint? Generally, you should only submit things to a court with the understanding they will become part of the public file and shared with the opposing party / counsel, and not be returned.

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: How may someone get grievances thoroughly and properly investigated involving mortuary science licensees?

The Licensing and Regulatory Affairs claimed to have closed the case citing no violation found under the Occupational Health Code. However, the violations in the complaint involve the Public Health Code, MCL 333.2843 et seq. and criminal activities. Knowingly falsity in causing a death certificate... View More

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answered on Oct 27, 2024

I'm sorry to hear about the challenges you're facing in getting your grievances properly investigated. It must be incredibly frustrating when serious concerns are not addressed by the authorities.

You might consider reaching out to higher authorities or oversight bodies, such as...
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1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for Michigan on
Q: Is it possible that government housing inspections can violate the 4th amendment of surge and seizure and harassment?

They conduct what they call “safety inspections” EVERY month. And HUD does a annual inspection EVERY year. My argument is we are paying close to $1,000 a month, and people have the right to pursuit of happiness and tenants have right not to be harassed. It is also effecting my mental health... View More

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answered on Oct 25, 2024

Frequent government housing inspections might raise concerns regarding the Fourth Amendment, which protects against unreasonable searches and seizures. While safety inspections are important for ensuring living conditions meet certain standards, conducting them every month could be seen as... View More

2 Answers | Asked in Gov & Administrative Law, Civil Rights and Constitutional Law for Michigan on
Q: Legally should Licensing and Regulatory Affairs require the person who the complaint is launched against to respond?

"Licensed mortuary scientists are required to obtain authorization for final disposition from the next-of-kin and a burial transit permit before transporting dead human bodies to cemeteries or crematories and must take care in completing and electronically signing death certificates,” said... View More

Brent T. Geers
Brent T. Geers
answered on Oct 25, 2024

It's LARA's duty to investigate the allegations you made against a licensed person. Beyond that, you have no standing or grounds to cause LARA to do anything. What they do with the results of their investigation is between the agency and the licensee.

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2 Answers | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: Since morgue employees won't inform me where the body was taken initially, how do I find out?

The morgue claims to have taken the body from the hospital, however their records state the body was at the morgue the following day.

Brent T. Geers
Brent T. Geers
answered on Oct 7, 2024

Do you have an exact timeline? It would not be uncommon for the transfer to have occurred in the overnight hours, or for the hospital to have kept the body until the next day. I'm unsure where else the body would have been transferred to between the hospital and morgue except maybe an off-site... View More

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1 Answer | Asked in Gov & Administrative Law, Civil Rights and Constitutional Law for Michigan on
Q: The state refused to allow me to purchase a valid death certificate, how may I proceed?

I've been denied access to courts as well as due process rights as next of kin/heir by right of inheritance, as it pertains to my child and spouse. The government entities knew or should have known that the informants were giving false and misleading information. I'm the only heir on... View More

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answered on Oct 6, 2024

It sounds like you are facing significant legal and bureaucratic challenges in obtaining the documents and rights you are entitled to as next of kin. If you’ve been denied access to purchase a death certificate or receive necessary records, the first step could be to ensure that you have formal... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Sexual Harassment for Michigan on
Q: Is this standard practice or just blatant ignorance? Is it considered some sort of discrimination?

When my partner and I received our marriage license in the post, from the County Clerks office, a STI/HIV pamphlet was included. We are a gay couple, but it felt very pointed and completely irrelevant.

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answered on Oct 2, 2024

Receiving an STI/HIV pamphlet with your marriage license is often part of public health initiatives aimed at informing all couples about sexual health. Many county offices include such materials as a standard practice to promote awareness and prevention. This inclusion is generally not targeted at... View More

1 Answer | Asked in Communications Law and Constitutional Law for Michigan on
Q: If our boss is listening to our conversations through a camera without our consent is that legal?
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answered on Oct 2, 2024

It's understandable to feel uneasy if you suspect your boss is monitoring your conversations without your consent. In many places, employers are allowed to use video surveillance in the workplace, especially in common areas like offices or hallways. However, secretly recording audio can be... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: Hello what kind of Attorney do I need to go after a breathalyzer company for ADA Discrimination

I was sentenced to 1 year on a breathalyzer in Michigan. I currently still have the breathalyzer and it’s been 1 year 9 months. I keep getting violated because I can’t hear the beep of the device. I have called the breathalyzer company and explain to them that I am deaf in both ears and... View More

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answered on Sep 27, 2024

You may want to consult an attorney who handles cases involving disability discrimination, particularly under the Americans with Disabilities Act (ADA). This type of attorney can help you address the violations you’ve experienced because of your inability to hear the breathalyzer device, as well... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Michigan on
Q: Is it legal for police in a small town to follow cars on weekends through town with their headlights off.

This occurs late at night when traffic is isolated.

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answered on Sep 21, 2024

It’s understandable to be concerned about the police following cars, especially in unusual circumstances. Law enforcement officers have broad authority to patrol and monitor vehicles, but their actions must still respect the law and constitutional rights. Following vehicles without headlights at... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Traffic Tickets for Michigan on
Q: Traffic court is civil court? How is the police officer the injured party?

Im just trying to understand how the court system works.

Brent T. Geers
Brent T. Geers
answered on Sep 15, 2024

Don't feel bad: a lot of attorneys and judges get confused about the court system, rules, and procedures.

Here is a 10,000-feet overview of the court system: you can break the court system down into two parts - civil and criminal. Criminal court is when you are alleged to have...
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1 Answer | Asked in Constitutional Law for Michigan on
Q: Why would the Michigan state police let me go then issue a warrant weeks later
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answered on Sep 12, 2024

It’s possible that the Michigan State Police decided not to arrest you at the time because they didn’t have all the necessary evidence or because they wanted to investigate further. Sometimes, law enforcement might need to review more information or consult with a prosecutor before deciding to... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Government Contracts and Identity Theft for Michigan on
Q: How can I get a lawyer or file a case myself with being a political prisoner, data breached, and civil rights violations

How can I get a lawyer or file a case myself with being a political prisoner, data breached, and civil rights violations

I have been a Havana syndrome victim but I am not a US employee and I failed to have any protections from government when I kept getting attacked as a known human... View More

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answered on Sep 7, 2024

To find a lawyer for issues like being a political prisoner, data breaches, and civil rights violations, consider reaching out to legal aid organizations, civil rights groups, or bar associations in your area. Organizations such as the American Civil Liberties Union (ACLU), Electronic Frontier... View More

1 Answer | Asked in Workers' Compensation, Constitutional Law and Employment Discrimination for Michigan on
Q: Can I be compensated if the supervisor sent me home because they thought I was hiding in the bathtoom

Hello I have been at this company for about a year now and today I was sent home because they thought I was in the bathroom hiding. We still have three hours of work, And a lot of material and product Too box up. I went to the bathroom and when I came out of the bathroom, they told me that I was... View More

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answered on Aug 31, 2024

You may have grounds to request compensation for the time you were sent home if it was unjustified. Since you were not hiding and were in the bathroom for only 20 minutes, you could argue that your dismissal was based on an incorrect assumption. It’s important to gather any evidence, such as... View More

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Constitutional Law for Michigan on
Q: if I was a victim of domestic violence 3 years ago from my son's father and I have multiple photographs of The assault,

but in fear for my life never reported the abuse, then this year he called the cops lying saying i attacked him and had me arrested based on an audio recording from a fight a verbal argument when he crashed and hacked into my Wi-Fi breaking my new router but didn't have any physical evidence... View More

Brent T. Geers
Brent T. Geers
answered on Aug 5, 2024

You could try, but I doubt a prosecutor would want to charge something like.

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2 Answers | Asked in Civil Rights, Constitutional Law and Traffic Tickets for Michigan on
Q: Can police run your plate while moving in Michigan
Brent T. Geers
Brent T. Geers
answered on Aug 1, 2024

Absolutely. In fact, some departments and areas have license plate scanners mounted on vehicles they can use to just drive around a parking lot of run all plates almost instantly.

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3 Answers | Asked in Civil Rights and Constitutional Law for Michigan on
Q: A jury summons questionnaire asked questions like "are you a US citizen?". Isn't that a 4th amendment violation?

The 4th amendment protects us from the government asking us personal questions such as this. This exact question, "are you a US citizen?," was blocked from the most recent census. We are required by law to complete the jury questionnaire, however, I have not committed a crime so my... View More

Brent T. Geers
Brent T. Geers
answered on Jul 30, 2024

I think the 5th Amendment is more on point with the concern addressed by your question. That said, sometimes you need to think of Constitutional rights as a balancing act between us individuals and the government. And more often, the Constitutional language itself provides clues as to how we... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: What branch of government is a Michigan district court probation officer? (case law/MCL reference would be appreciated)

The material issue is the issuance of a felony arrest warrant and three search warrants in a felony criminal case, behalf a non-attorney Michigan District Court Magistrate, who simultaneously holds the position of a Michigan District Court Probation Officer, in violation to the "neutral and... View More

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answered on Jul 29, 2024

In Michigan, district court probation officers are part of the judicial branch, as they work directly for the district courts. The case law you referenced, People v. Kern, confirms that the Michigan Department of Corrections (MDOC) has jurisdiction over probation officers under MCL 791.204.... View More

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