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Michigan Gov & Administrative Law Questions & Answers
1 Answer | Asked in Gov & Administrative Law and Civil Rights for Michigan on
Q: In the state of Michigan, I submitted a FOIA request for a incident report that I was the Reporting party on.

I requested to remain anonymous due to the fact I would be retaliated against if the offender found out I was the reporter, I spoke to law enforcement and they reassured me MULTIPLE times I would be anonymous and my name would be withheld from the public records and upon receiving a copy of the... View More

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

I don't think MCL 15.243 protects you here. You're requesting a copy of a report made upon your complaint. If this relates to a criminal allegation, I don't see how you could remain anonymous, unless you reported this through Silent Observer.

Think about it from the other...
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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 Civil Rights, Federal Crimes and Gov & Administrative Law for Michigan on
Q: I was held at jail 6 days past my court date. The Clerk forgot to send over paperwork. Can I seek remedy?

I was lodged at a correctional facility for 6 days past my court date. They didnt even know I was locked up. They put a bench warrant out while I was incarcerated sitting at their jail waiting to be called up to court. It wasnt until I sent multiple letters to the Sargent when they realized their... View More

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

Unless you are in federal custody facing a federal charge, that statute you cite is of no use to you. What sort of court date did you miss? Unless it was a trial date or a preliminary examination date, there's probably not much in way of remedy for this.

1 Answer | Asked in Gov & Administrative Law for Michigan on
Q: May a public body and it's employees be sued in their individual capacity; for Tort of Outrage/ Tort of Interference?

Under 42 USC § 1983 for mishandling deceased remains/ bodies and manipulating records.

Brent T. Geers
Brent T. Geers
answered on Jun 24, 2024

Unlikely. A successful 1983 claim would need to establish that a government agency or its actors deprived YOU of a Constitutionally protected right; that's not the same thing as their actions simply violating a law as might be the case with simple negligence.

Not saying it's...
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2 Answers | Asked in Gov & Administrative Law for Michigan on
Q: May an emergency petition be filed inthe Eastern District Federal Court in order to compel an expedited FOIA disclosure?

This is my second request for the same information. The FOIA coordinator response date is a single day after the anniversary date of the injury. I need the documents disclosed prior to the anniversary date. Thanks.

James L. Arrasmith
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answered on Jun 15, 2024

Yes, you may file an emergency petition in the Eastern District Federal Court to compel an expedited FOIA disclosure. Given that this is your second request and the response date is crucial due to the anniversary of the injury, it's important to act quickly.

First, prepare your...
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1 Answer | Asked in Estate Planning, Probate, Gov & Administrative Law and Military Law for Michigan on
Q: I have a probate problem and more than 1 question, is there someone I can speak to?

My dad died before I was 1, he wasn't married to my mom, he was a military vet (Master Sergeant) who served from 1941-1967 and died in 1977, I wasn't mentioned in his probate papers,bi was taken from my mom rt after and raised in foster care, I'm his only living relative and I want... View More

James L. Arrasmith
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answered on May 1, 2024

I'm sorry to hear about your situation. Navigating probate, estate matters, and military records can be complex, especially given the circumstances you described. Here are a few steps you can take to gather more information and seek assistance:

1. Military records: To obtain your...
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1 Answer | Asked in Gov & Administrative Law and Health Care Law for Michigan on
Q: Gift of Life MI is a federally-designated organ and tissue recovery program are they subject to FOIA?

Are they subject to FOIA under 5 U.S. Code § 552 and or MCL 15.231?

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answered on Apr 15, 2024

Based on the information provided, it is unlikely that Gift of Life Michigan (GOLM) would be subject to the federal Freedom of Information Act (FOIA) under 5 U.S.C. § 552 or the Michigan Freedom of Information Act (FOIA) under MCL 15.231. Here's the reasoning:

1. Federal FOIA (5...
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2 Answers | Asked in Gov & Administrative Law, Civil Rights and Constitutional Law for Michigan on
Q: Does malfeasance and nonfesance violate oaths of office and U S. and State constitutions?

In, Gerald v. N.C. Dep't. of Health

United States District Court, D. South Carolina Dec 27, 2023. May North Carolina Department of Health and North Carolina Vital Records be subject to suit pursuant to § 1983 violation of Equal Protection Clause. "Fargo must be dismissed because... View More

James L. Arrasmith
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answered on Apr 2, 2024

Based on the information provided, there are a few key points to consider:

1. Malfeasance (wrongdoing or misconduct) and nonfeasance (failure to act when there is a duty to do so) by public officials could potentially violate their oaths of office and constitutional obligations, depending...
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1 Answer | Asked in Criminal Law, Federal Crimes, Gov & Administrative Law and Landlord - Tenant for Michigan on
Q: Can I own a firearm legally if I live with a felon if its for work?

I just moved to Michigan and currently live with a felon, I am trying to go to college for Criminal Justice and get my Guard Card to become an armed security guard. Is there a way for me to legally own a firearm for work if I live with a felon or do I need to move for that to happen?

James L. Arrasmith
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answered on Mar 25, 2024

In Michigan, living with a felon does not automatically prohibit you from owning a firearm, especially if it is for work-related purposes such as becoming an armed security guard. However, strict precautions must be taken to ensure that the felon does not have access to the firearm, as this could... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Family Law and Child Custody for Michigan on
Q: I called 911 because my camera caught a ex touching my daughter I showed police who stated it look to be a relationship

He lost my phone and now are adopted out my kids this happened August 2023

James L. Arrasmith
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answered on Mar 20, 2024

I'm so sorry you're going through this incredibly difficult situation. Losing custody of your children due to suspected abuse must be devastating, especially if you believe there has been a misunderstanding. A few thoughts:

- If this happened very recently in August 2023, you...
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Q: Is this eligibility requirement compliant with the legislation in question?

MCL 400.106a authorizes a medicaid program for working disabled. To be eligible applicants must have been “found to be disabled under the federal supplemental security income program or the social security disability income program; or would be found to be disabled except for earnings in excess... View More

James L. Arrasmith
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answered on Mar 4, 2024

The eligibility requirement set forth by the Michigan Department of Health and Human Services (MDHHS) appears to align with the legislation outlined in MCL 400.106a. This law permits a Medicaid program specifically designed for the working disabled, indicating that applicants must meet certain... View More

1 Answer | Asked in Civil Litigation, Constitutional Law and Gov & Administrative Law for Michigan on
Q: Do I file an injunction or writ of mandamus to compel the funeral director to correct a death certificate?

The parents and decedent's names aren't valid neither is the address of the decedent. It's been 5 years and they will not provide me with a valid death certificate. I contacted The Department of Licensing and Regulatory Affairs in Michigan thus far the investigator isn't being transparent.

Thanks.

James L. Arrasmith
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answered on Feb 26, 2024

In addressing the issue of incorrect information on a death certificate, determining whether to file an injunction or a writ of mandamus depends on the specific actions you wish to compel from the funeral director. A writ of mandamus is typically used to order a government official or entity to... View More

1 Answer | Asked in Education Law, Gov & Administrative Law and Municipal Law for Michigan on
Q: Do public schools in Michigan have a right to prohibit dogs on school property if they are on a leash?
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answered on Feb 23, 2024

In Michigan, public schools typically have the authority to establish rules and regulations regarding the presence of animals on school property, including dogs. While some schools may allow dogs on a leash under certain circumstances, such as for therapy or service dogs, others may choose to... View More

1 Answer | Asked in Gov & Administrative Law, Civil Rights and Constitutional Law for Michigan on
Q: Can public courts disallow citizens to access information and take payments inside the building?

I want to pay in person I have had issues mailing payments.

"The First Amendment prevents the government from blocking access to certain information. This prohibition takes two forms: (1) the government cannot censor information or otherwise prevent people from accessing information,... View More

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answered on Feb 2, 2024

Public courts generally cannot disallow citizens from accessing information or making payments inside the building if it involves matters related to public records or essential government services. The First Amendment does protect the public's right to access information, and courts are... View More

1 Answer | Asked in Gov & Administrative Law for Michigan on
Q: I want to get a Michigan driver's license. My license was suspended in FL due to no insurance for my car.

I no longer own the car, as I have paid it off. My license is still suspended in Florida, but now that I live in Michigan, how can I go about getting a Michigan driver's license?

James L. Arrasmith
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answered on Jan 28, 2024

To obtain a Michigan driver's license while your license is suspended in Florida, you'll first need to resolve the suspension issue in Florida. Michigan, like most states, is part of the Driver License Compact, an agreement that shares driving record information among states. This means... View More

1 Answer | Asked in Business Law, Gov & Administrative Law and Municipal Law for Michigan on
Q: Does an heir fit the legal definition as successor in the FREEDOM OF INFORMATION ACT (EXCERPT) Act 442 of 1976?

(b) A nonprofit organization formally designated by the state to carry out activities under subtitle C of the developmental disabilities assistance and bill of rights act of 2000, Public Law 106-402, and the protection and advocacy for individuals with mental illness act, Public Law 99-319, or... View More

James L. Arrasmith
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answered on Jan 27, 2024

In the context of the Freedom of Information Act (FOIA) and the specific excerpt you're referring to, the term "successor" generally relates to an entity or organization that takes over the roles or functions of another, rather than an individual heir in the traditional sense of... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: How may I determine that the records I seek fall under FOIA?

The vital records department has rejected every FOIA request I submitted. I'm perturbed about what records I may FOIA.

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answered on Jan 26, 2024

Here are some tips for determining if records fall under Michigan's Freedom of Information Act (FOIA) and can be requested:

- Review which public records are subject to disclosure under FOIA. This includes records prepared, owned, used, possessed, or retained by a public body in the...
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1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Michigan on
Q: I forgot to send my jury qualification questionnaire last year and got thrown away what should I do
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answered on Jan 18, 2024

If you forgot to send your jury qualification questionnaire in Michigan and it was discarded, the first step is to contact the court that issued the questionnaire as soon as possible. Explain the situation, including any reasons for the oversight, and express your willingness to fulfill your jury... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: May I inspect a birth certificate before purchasing it?

Is the state of Michigan vital records employees subject to Mich. Comp. Laws Ann. §750. 491; Mich. Comp. Laws Ann. § 750.0492 under the "Privacy Act." Legally are they required to comply with my request to examine birth certificate? They may be in violated the first, 9th and 14th... View More

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answered on Dec 12, 2023

In Michigan, the process for obtaining a birth certificate typically does not include the option to inspect the document before purchase. Vital records, such as birth certificates, are handled with strict protocols to ensure privacy and security. The Michigan Compiled Laws you mentioned, §§... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: Is claiming to be next of kin on legal documents fraudulent misrepresentation?

What other laws are being violated when this happens if any and lying to the police that your the next of kin? When the morgue releases the body to someone claiming to next of kin what is the statute of limitations?

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answered on Dec 9, 2023

Claiming to be the next of kin on legal documents when you are not is indeed a form of fraudulent misrepresentation. This act can have serious legal implications, especially when it leads to the wrongful acquisition of property or rights, such as in the case of claiming a deceased person’s body... View More

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