Termination of Parental Rights

Holding that the trial court did not clearly err in concluding that terminating the respondent-mother's parental rights was in the minor child's best interests, the court affirmed the trial court's order terminating her parental rights. The evidence was undisputed that respondent had her parental rights to six other children terminated due to her inability to adequately address her substance abuse. She continued to abuse alcohol and marijuana after she became pregnant with the child at issue in this case. The child's premature birth and low birth weight were attributed to respondent's substance abuse. At the termination hearing, respondent was eager to share with the trial court that she independently entered an inpatient substance abuse treatment facility. "However, it was apparent from respondent's testimony that she had not truly acknowledged her substance abuse." She initially denied at the termination hearing that she used substances during her pregnancy, explaining that the marijuana in her system was caused by her exposure to secondhand smoke. Even when she eventually admitted to using drugs during her pregnancy, she asserted that she quit using a month before she prematurely delivered the child. "Because respondent still had not completely acknowledged the impact of her substance abuse, it was readily apparent that it would be a very long time before she would be able to demonstrate an ability to sustain a substance-free lifestyle." The court concluded that this determination was "bolstered by the report from respondent's Clinic for Child Study evaluation." While the clinician acknowledged that respondent seemed to have some insight about her addiction and recently participated in a substance abuse program, he concluded that in light of her history, "it would take a considerable length of time" before she could show that she had "successfully addressed her longstanding personality issues and patterns of behavior." The clinician opined that it was not in "the child's best interests to wait that long for stability and permanence." The child, who was still being monitored for medical conditions related to the circumstances of her birth, required permanency and stability to foster her continued development and growth. Respondent was not in a position to provide that permanency and stability, "and it would be a very long time, if ever, before she would be able to demonstrate that she could properly parent her child."

Common work area doctrine

The court held that the trial court properly granted defendant-KCS Resources' motion for summary disposition after finding that plaintiff could not satisfy all the elements of the "common work area doctrine" set forth in Funk. Plaintiff-Davis, Jr., worked as a derrick hand for Team Well Services. KCS Resources subcontracted with Team Well Services to drill an oil well as part of an oil exploration project it was conducting on its property. Defendant hired Oil Ex, Inc. to act as a general contractor and oversee all the project work. Defendant also hired numerous other companies as subcontractors for different tasks. While Davis was working on Team Well Services' derrick, a cable upon which he was relying to prevent a fall snapped. Davis fell 20 to 25 feet and sustained serious injuries. Plaintiff, citing Clark, argued that defendant breached its common law duty not to act negligently. In Clark, the defendant and the plaintiff worked together closely and the defendant specifically applied a substance to the plaintiff's work area that caused the plaintiff to slip and injure himself. In this case, defendant was not present at the work site and, instead, relied on other individuals to perform all the work. Further, Davis was injured as a result of a safety equipment failure, and the equipment at issue was owned and fully controlled by Davis' employer, not by defendant. There was no evidence presented to the trial court that defendant knew or should have known about the dangerous condition of the cable. The facts of this case did not support a conclusion that defendant acted negligently. Thus, Clark was factually distinguishable and did not support plaintiff's claim of liability on the part of defendant pursuant to common law negligence principles. The undisputed facts demonstrated that plaintiff was injured while working on a derrick operated solely by Team Well Services, his employer. There was no evidence presented that any employees of the other subcontractors worked on, or would have reason to work on, the derrick. The other subcontractors were hired to perform different jobs. Team Well Services alone was hired to drill the oil well. Thus, the location where plaintiff was injured was "a situation where employees of a subcontractor were working on a unique project in isolation from other workers." Therefore, plaintiff was not injured in a common work area. Nor could plaintiff succeed under a theory of premises liability. Premises liability involves dangerous conditions on the land. Plaintiff's accident involved machinery owned by his employer, not a condition on the land. Affirmed.

Medical Malpracitce

PROCEDURAL POSTURE: The Michigan Court of Appeals entered a judgment that found plaintiff estate representative's medical malpractice complaint, filed on behalf of decedent's estate, had to be dismissed because the affidavits of merit filed with the complaint were insufficient. It then added that dismissal had to be with prejudice because the complaint had not been filed within the applicable limitations period. The state supreme court granted his review request.

OVERVIEW: Decedent went to defendant hospital's emergency room and allegedly received substandard medical care. She died one week later. A medical malpractice complaint was not filed within the two-year statute of limitations period provided in MCL 600.5805(6). Instead, the estate representative filed suit within the saving period afforded him under MCL 600.5852 permitting commencement of an action at any time within two years after letters of authority were issued "although the period of limitations has run" as long as commencement was "within 3 years after the period of limitations has run." However, the affidavits of merit (AOM) he provided were defective. No time was left to toll under the savings period. The trial court denied the summary disposition motion filed by defendants, a doctor and his practice group. Eventually, the appellate court found that dismissal with prejudice was required. The state supreme court agreed that the estate representative's failure to timely file the action meant such a dismissal was required, as an AOM was not a pleading that could be amended retroactively under the applicable version of MCR 2.118 since it was merely a required, separate document.

OUTCOME: The state supreme court affirmed the appellate court's judgment dismissing the estate representative's case with prejudice.

Michigan..fewest health options in nation.

Michigan has the fourth least competitive health insurance market in the country, meaning consumers and employers have fewer choices for health insurance than in most other states, according to a report by the American Medical Association.

Only Alabama, Alaska and Delaware had worse markets for health insurance competition, according to the report that used 2009 enrollment in health maintenance organizations and preferred provider organizations from 368 metropolitan areas and 48 states to come up with its findings.

In Michigan, the nonprofit Blue Cross Blue Shield of Michigan — the state's insurer of last resort — controls 71 percent of the state's commercial health insurance market, the association found.

The Blues control two-thirds or more of the commercial health insurance market in 13 of 15 metro areas surveyed across the state. In the Jackson area, the Blues had an 85 percent market share, marking the state's least competitive health insurance market, the report said.

In the Detroit-Livonia-Dearborn area, the Blues have a 55 percent market share, followed by Detroit-based Health Alliance Plan with 26 percent. The Blues have a 69 percent market share in the Warren-Farmington Hills-Troy area, while HAP has a 16 percent share there.

Blues spokeswoman Helen Stojic, however, cited two studies that point to a competitive insurance environment in Michigan.

A September 2009 report from the White House found Michigan's employer-sponsored insurance coverage for families had the lowest premium increases in the nation at 88 percent over a 10-year period.

A May 2010 report by Ken Ross, former Michigan Office of Financial and Insurance Regulation commissioner, found that while the Blues is the dominant carrier in the small employer market, there is a "reasonable degree of competition" in that market statewide and the Blues' size hasn't prevented other insurers from entering the market.

A June report from current OFIR Commissioner R. Kevin Clinton essentially came to the same conclusion.

But the Michigan Association of Health Plans, which represents 17 health plans with 2.1 million members, argues that the size of the Blues needs to be looked at during the review of the Blues' 31-year-old statute by the Snyder administration and Legislature.

Last month, Gov. Rick Snyder called for a "fresh look" at Blue Cross' unique legal and regulatory requirements to encourage competition, lower rates and provide access to high-quality care.

Nationally, the medical association found four of five metro areas have an anti-competitive commercial health insurance market.

"Our new report is intended to help regulators, lawmakers, researchers and policymakers identify markets where mergers among health insurers may cause competitive harm to patients, physicians and employers," Dr. Peter W. Carmel, American Medical Association president, said in a statement.

Lawmakers meddle in marriage and divorce

After passing the "Hot for Teacher" bills last week, the Senate Judiciary Committee continued its social engineering agenda this week by taking up legislation supporters say would make sure the wrong people don't get married.

The Senate panel chaired by alleged conservative Sen. Rick Jones (R-Grand Ledge) passed out legislation last week that would make it a felony for an adult student to have sex with a teacher or employee at his or her school. Under the "Hot for Teacher" bills, consent between legal adults would cease to exist in that case.

This week it was more fun from the folks who campaigned on jobs, jobs, jobs. Democrats got in the game with their own bills to intervene in your private life. SB 545 would extend the waiting period to get married from three to 28 days if folks don't complete a premarital education class.

Judge James Sheridan of Adrian, who sells a book on his version of the biblical marriage, said this would be a good thing, as 14 percent of couples don't get married after going through the course because they realize it's a mistake.

"This is definitely crossing a line of what government should be involved in," objected Shelly Weisberg of the ACLU Michigan. "Who's to say what makes a good marriage for two people?"

There's also SB 546, which makes it harder to get divorced. Couples would have to complete a questionnaire and complete an ominous-sounding "divorce effects" program before dissolving their union if you have kids. Because the process is so much fun, the state has decided to add to the joy.

"We are a pro-divorce society," Sheridan said. "We need to be a pro-marriage society."

It's true. There are a million divorce magazines out there -- Modern Divorce, Midwest Divorce and the traditional Divorce. There are no bridal mags at all. Most young adults face inordinate peer pressure to get divorced and none to get married.

Stay tuned for the next episode in the alternate social engineering universe that is the Senate Judiciary Committee

Civil forfeiture not always appropriate

The use of civil forfeiture of property in connection with crime has escalated in recent years. Last year it brought hundreds of millions of dollars to federal and local law enforcement coffers.

An example from Tewksbury, Mass., suggests it's gone too far.

A Wall Street Journal article describes Motel Caswell, in the same family since it was built six decades ago, in a good section of town that has become somewhat seedy.

The independent motel catered to middle-class travelers. Now it houses some travelers, people looking for work, some forced out of their homes and a few welfare cases, including some placed by local agencies.

Inevitably, some crime occurs. Owner Russell Caswell, who lives next door, said he keeps a close eye on the motel, calls police whenever there's trouble and keeps a log of police contacts, as well as a do-not-rent-to list. Police acknowledge his cooperation.

The U.S. Justice Department, however, reports that between 2001-2008, seven police investigations involving drugs at the motel resulted in eight convictions for drug-related crimes. The agency listed more than 100 investigations since 1994.

Caswell hasn't been charged with any crime. But the feds want to take his property, valued at about $1 million with no mortgage. The local police department stands to receive $800,000.

We have some idea how difficult it might be to operate an independent motel. Several years ago, Royal Oak officials came down hard on several motels, not just for drug activity, but for frequent disturbances, assaults and other crimes. The warning to the owners: Control your guests. Several of those motels eventually closed. To our recollection, none went through a forfeiture process. Is it possible that the Caswell family knew more about its guests that it lets on?

Sure, but we don't know that.

Forfeiture in a criminal case is an appropriate part of the penalty. If a person is convicted of a crime, property used in the commission of the crime should be forfeited. But civil forfeiture is fraught with problems, among them a conflict of interest: The property presents a tempting target, especially for a small police department.

New program to help 'underwater' homeowners.

President Obama on Monday responded to growing concerns about the nation’s battered housing market by unveiling a plan to help reduce the monthly mortgage payments of homeowners who owe more than their properties are worth.

As he met with distressed homeowners in Las Vegas, the foreclosure capital of the nation, Obama announced steps to allow “underwater” borrowers to refinance their mortgages at today’s ultra-low rates — near 4 percent.

The move comes amid a rapidly growing consensus that the nation’s moribund housing market is holding back the economic recovery. Home values are hovering at eight-year lows, and more than 10 million people are underwater, or owe more than their homes are worth.

“It’s a painful burden for middle-class families,” Obama said. “And it’s a drag on our economy.”

Welfare bill borders on inhumane, cutoffs loom.

SAGINAW — Ruth A. Deshone will feel the cutoff of a $403 cash assistance check once the state aid dries up Nov. 1.

“I’m not going to have money to buy shoes for my child, clothes for school,” said Deshone, 46, the mother of a 7-year-old.

Utility bills won’t wait for payment either, she said. “It wasn’t enough to pay the bills, but it helped.”

Deshone will have met the 48-month lifetime limit for welfare cash assistance, according to the Michigan Department of Human Services. The Saginaw resident said she’s always followed DHS eligibility rules, applied for more than 500 jobs over the years, and netted temporary work but nothing permanent. And she’s taken classes, too. “Now I have health issues,” she said.

Lifetime care is focus of no-fault fight.

Lansing— Debate over no-fault auto insurance is heating up in Lansing with Republicans divided over a House bill that would eliminate lifetime medical coverage.

Michigan is the only state to offer unlimited lifetime medical care for people involved in life-altering car accidents, a benefit that proponents say drivers can no longer afford.

The bill would allow motorists to choose less expensive plans offering from $500,000 to $5 million in medical coverage, and would also enact cost-saving measures such as limiting the hours and pay for attendant care. Hospitals and doctors would be placed on a fee schedule in an attempt to bring down medical care costs.

"I don't feel what's proposed takes care of people and that's why I voted no," said state Rep. Mike Callton of Nashville, one of two Republicans on the House Insurance Committee to oppose the bill. The other was state Rep. Joel Johnson of Clare. Democrats also oppose the plan.

Supporters of the bill, including Michigan Insurance Commissioner Kevin Clinton, say changes must be made because the Michigan Catastrophic Claims Association, which covers medical bills over $500,000, is headed for insolvency. Opponents contend most motorists will opt for the cheapest policy, which won't meet their needs if they get in a serious accident.

"The uncertainty inherent in estimating unlimited (personal injury protection) … makes the current situation unsustainable in the long run and may place a significant financial burden on our citizens," Clinton testified in a contentious, packed hearing on no-fault reform.

The bill is now under discussion by the full chamber after passing out of the House Insurance Committee on Oct. 13.

Rep. Pete Lund, R-Shelby Township, chairman of the House Insurance Committee, said more residents will buy auto insurance if it's made more affordable as a result of reducing medical costs.

"We have some of the highest numbers of uninsured people in the country," Lund said. "And if you keep raising the price up higher and higher, you're going to have more people opting not to get insurance."

Drivers pay an annual assessment to the catastrophic claims association that goes into a fund to reimburse auto insurance companies. The association sets the assessment based on estimates of how much money is needed to cover the lifetime costs of people catastrophically injured that year, as well as to pay off the system's liabilities. The fee is $145.

Voters wary of past changes

Voters have twice thwarted efforts to modify Michigan's no-fault law. One measure to cap no-fault benefits was voted down in 1992. The Legislature passed a no-fault reform bill the next year, and in 1994 voters overturned it.

The Insurance Institute of Michigan reports that more than 99 percent of claims fall under $250,000 and the group argues that it's easy for medical providers to take advantage of Michigan's sweeping pledge of unlimited medical coverage.

"It's created an environment where the costs accelerate beyond anybody's imagination," said Pete Kuhnmuench, executive director of the institute, an association of about 80 property/casualty insurance companies.

Accident victims and their caregivers say it's not right to take away coverage that was guaranteed when they purchased their no-fault policies. No-fault law protects the insured from being sued for an auto accident except in certain situations, according to the state's Office of Financial and Insurance Regulation. .

Even though Donna Jones' son, Bradley, had gone through an accident, she said, "In the back of my mind I was relieved because with the no-fault law he was covered for life."

The Clinton Township mother provides care 24 hours a day for Bradley, 27, who suffered brain trauma in an auto accident at age 19.

Bradley spent months in hospitals and in a rehabilitation facility relearning how to swallow, eat and speak. He spent years in a wheelchair, but can now walk with a cane.

"We celebrate the date every year that he said his first word — it was Sept. 3, and his first word was 'cup,'" Jones said.

Jones spent so much time at her son's bedside she was fired from her job, she said, lost her home to foreclosure and had to move in with her mother. When Jones' son recovered enough to return home, no-fault auto insurance paid for her to provide 24-hour care. Eventually, the family was able to buy a house, which cost about $120,000 to make handicap accessible.

Pay could be cut

"Under the no-fault law, you have attendant care, which means a family member will get paid for taking care of the patient, so I was able to take care of my son while he lived in his own house," Jones said. "Otherwise, he would be in a group home and not with his family."

Jones is paid $13 an hour to care for her son. Under the House bill, Jones' pay would be capped at $11 an hour, and her son would be entitled to eight hours of attendant care per day. Jones' income would no longer allow her to stay home with him, and she fears Bradley would be forced into a nursing home to get the 24-hour care he needs.

"I'm losing medical benefits that provide him this house, and it's not only my son — there're thousands of people out there right now who are injured who are going through the same things."

Lund, the Shelby Township legislator, said out-of-control expenses for attendant care have contributed to the claims association $1 billion deficit.

"Eventually, this system will collapse," he said.

Laura Appel, vice president of federal policy and advocacy for the Michigan Health and Hospital Association, disagrees and said if the fund needs more money, the fee could be increased — just as it has been in previous years when there has been a deficit.

"Some years we're a little ahead, currently we're a little behind — and last year we were more behind," Appel said. "We continue to make up the deficit, and that's part of the process."

If Michigan's system is changed, the question of who pays for the medical bills will be hashed out in court, Appel said. Patients will ultimately exhaust all of their resources and end up on Medicaid.

"We have a very good system," she said. "We each take personal responsibility for the risk of driving, and we think that's a better system than using lawsuits and Medicaid."

Art gallery ownersentenced to seven years in prison

Detroit— Art gallery owner Sherry Washington was sentenced Thursday to seven years in prison for her role in a fraud and kickback scheme and ordered to pay $3.32 million to the cash-strapped Detroit Public School District.

U.S. District Judge Paul Borman called Washington's conduct "terrible," but stopped short of sentencing her to the 10 years requested by federal prosecutors. He did not believe the public needs to be protected from Washington committing other crimes.

"This was continuing, criminal, secretive, fraudulent conduct involving kickbacks," Borman said.

Minutes earlier, Washington begged for mercy.

"I am deeply apologetic for getting myself into this situation," she told the judge. "I am very sorry for the hurt and great pain I have caused to my family and this community. I pray and plead for your mercy."

After being sentenced, Washington sobbed at the defense table, holding her head in her hands long after the judge, prosecution team and her supporters left the courtroom.

Washington's lawyer said she plans to appeal the sentence.

There was no answer at the Sherry Washington Gallery on Friday and it is uncertain how the business will continue to operate.

The sentence comes almost four months after a jury convicted Washington of conspiracy to commit program fraud and conspiracy to launder money. Washington was accused of helping raid more than $3 million from the district and paying $150,000 in kickbacks to schools executive Stephen Hill.

Assistant U.S. Attorney Michael Buckley, who labeled Washington a thief, said he was satisfied and said the millions stolen by Washington could have been spent on laptop computers, field trips, books or teacher salaries.

"Justice was done," Buckley said.

Washington and her sister, Gwendolyn Washington, were partners in Associates for Learning, a vendor hired to administer a health-awareness program for district employees.

The program was supposed to cost $150,000. But the company submitted three inflated and fraudulent invoices, each for about $1 million, according to prosecutors.

DPS paid the money, 5 percent of which went to former schools executive Stephen Hill. Washington delivered the kickbacks to Hill inside her gallery, at her home, and in a covered parking garage at the Detroit Athletic Club.

Washington was the only one of nine defendants charged in the case to stand trial in U.S. District Court in Detroit.

Seven others have pleaded guilty, while another defendant, former DPS employee Christina Polk-Osumah, died.

Hill was sentenced to five years in prison last month.

Minutes before Washington was sentenced, Borman sentenced her sister's niece, Detroit resident Virginia Dillard, to more than nine years in prison for a separate drug case.

The following codefendants were sentenced to various prison terms, including:

Sally Jo Bond: 18 months in prison and $3.32 million restitution.

Marilyn White: 21 months in prison and $3.32 million restitution.

Duane Polk: 27 months in prison and $788,674 restitution.

Valerie Polk: 18 months in prison and $347,746 restitution.

Thomas Taylor: one year and a day in prison and $440,928 restitution.

Gwendolyn Washington: She will be sentenced Nov. 14.

Detroit police officer charged for faking court dates for pay.

A Detroit police officer, accused of wrongfully being reimbursed for going to court on days he didn’t go, has been charged, according to the Wayne County Prosecutor’s Office.

Officer Frank Senter – charged with five counts of uttering and publishing, four counts of forgery and obtaining money under false pretenses – was arraigned Wednesday in Detroit’s 36th District Court, according to the prosecutor’s office.

He is scheduled to be back in court for a hearing Oct. 26.

According to the prosecutor’s office, Senter allegedly submitted paperwork and was reimbursed for going to court on days when he did not actually appear.

"Ex-Detroit police monitor disciplined over 'intimate contact' with Kilpatrick."

An appeals court has disciplined Sheryl Robinson Wood, the lawyer overseeing Detroit police reforms who resigned in disgrace two years ago, for having "intimate contact" with Kwame Kilpatrick when he was Detroit's mayor.

Wood was publicly censured Oct. 13 by the District of Columbia Court of Appeals, the latest fallout in a costly reform effort that has lasted eight years, fallen short of targets and produced a tawdry scandal.

A public censure is a mid-level form of discipline, less severe than suspension or disbarment. It will be reported to other jurisdictions in which Wood is licensed.

A three-judge panel said Wood took responsibility and cooperated with an investigation launched after she resigned in 2009. She resigned after the FBI discovered texts that pointed to an improper relationship between her and the former Detroit mayor.

"(Wood) did not have any prior disciplinary actions, her conduct did not result in personal gain or negatively or financially impact the monitored cases, and no client was harmed by her conduct," the judges wrote.

City lawyers disagree.

The city has sued Wood in federal court to recover more than $10 million in fees she received. Last month, the City Council agreed to a $350,000 settlement with Wood's former law firms, Saul Ewing LLP and Venable LLP.

Her lawyer, Robert Spagnoletti, could not be reached immediately for comment Friday.

Wood agreed to be publicly censured after being accused of having personal communications and "intimate contact" in early 2004 with Kilpatrick, according to a Sept. 13 report by a D.C. Court of Appeals committee.

Earlier this year, the former mayor confirmed having a one-night stand with Wood.

During a March deposition, which was part of a civil lawsuit Kilpatrick filed against the city's former text message provider, SkyTel Inc., the ex-mayor was asked whether he had an affair with Wood.

"My definition of an affair is some kind of long-lasting relationship," Kilpatrick said. "That did not happen with Ms. Wood, no."

"What did happen with Ms. Wood?" SkyTel lawyer James Shelson asked.

"We had an intimate session one night in a hotel," Kilpatrick answered.

Wood told members of an attorney disciplinary board she greatly regretted her conduct, calling it a "moral and a personal transgression."

"At the time I considered it, and since then, to be a moral transgression on my part," Wood said, according to a hearing transcript obtained by The Detroit News. "And, you know, something that I obviously greatly regret. … I understand certainly now, and have come to understand, that it was also a violation of my duties as a lawyer."

Wood was in charge of overseeing Detroit Police Department reforms.

Detroit police agreed to two court orders and the appointment of a monitor in 2003 to settle a lawsuit brought by the U.S. Justice Department over alleged police brutality, improper arrests and dangerous jail conditions.

Plane rental assets seized

ALLEGAN – The sky was the limit for Dodgen Aircraft and Skykid Aviation until the businesses were grounded earlier this month when a bank seized their assets and put them on the auction block.

On Tuesday Byron Township-based Miedema Auctioneering will sell off the assets – including six aircraft – via its online Orbitbid.com division.

Scott Miedema, president of the auction company, said the seizure of the aircraft at Allegan Municipal Airport's Padgham Field, 740 Grand St., was one of the more unusual repossessions he has been involved with.

The planes had their propellers chained to their landing gear to prevent them from flying away before the auction. One plane was still airborne when Miedema showed up with bank representatives and attorneys to seize the assets because of unpaid debts.

Supervisor faces new fed charges.

Detroit— New federal charges have been levied against a Royal Oak Township official who was indicted in August on charges of bribery.

Township Supervisor William Morgan and a newly named defendant, Kendrick Covington, are charged with conspiracy in the superseding indictment filed Tuesday in U.S. District Court. An arraignment has not been set.

Morgan was arraigned in August in federal court in Detroit on three counts of bribery after federal agents arrested him at the Township Hall. If convicted, the charges could land him in prison for more than 10 years.

Federal prosecutors allege Morgan pocketed more than $10,000 in bribes from contractors. He's also charged with conspiracy to defraud the U.S. Department of Housing and Urban Development.

Morgan's attorney, Amer Hakim, could not be reached Wednesday. He previously denied his client accepted money. Covington does not yet have an attorney listed in court records.

The charges stem from Morgan's alleged role in awarding a contract and distributing federal funds intended for demolishing dilapidated buildings in blighted areas, according to the U.S. Attorney's Office.

The added counts allege Morgan and Covington conspired with each other and "various other persons" to make a false claim to HUD for asbestos abatement. The filing also alleges the pair falsified documents. The acts are alleged to have occurred from May 2009 through March 2010.

Authorities say that on July 23, 2009, Sureguard Inc./PBM Services LLC submitted a bid to Royal Oak Township for demolition and asbestos removal from dilapidated structures in the township, including the old Duke Theater on Eight Mile.

Morgan is accused of accepting a $10,000 wire transfer in August 2009 from the owner of the company.

Sheriff warn drivers of a "sheriff's narcotic checkpoint"

GENESEE COUNTY, Michigan -- Sheriff Robert Pickell, faced with the prospect of losing his undercover drug team in a matter of months, apparently plans to go out with a bang -- and at least a war of words with the American Civil Liberties Union.

The drug team known as "The Posse" is taking to the streets with a new tactic -- signs that warn drivers of a "sheriff's narcotic checkpoint" ahead -- even though drug checkpoints have been found to be unconstitutional by the U.S. Supreme Court.

Robert Pickell

Undersheriff Chris Swanson would not discuss details of the checkpoint warning, which has been used for just the last few weeks, but said what is being done is within the law.

"This is an aggressive move because we're sick and tired of the heroin overdoses," Swanson said. "It's coming in on the street and it's killing our kids ...

"We're trying to intercept it before it gets on the street and kills our people."

County Commissioner Joe Graves, R-Argentine Twp., said he believes the Sheriff's Office is warning of checkpoints that don't really exist, and making traffic stops if officers notice traffic violations like U-turns when drivers see the warnings.

Graves, who refused to vote for this year's county budget because of funding cuts to the sheriff, said all's fair in trying to stop drug traffic.

"I look at it as another tool," Graves said. "I don't think people's rights are being violated. I don't want to become the next Mexico."

But a spokeswoman for the Michigan branch of the ACLU said Pickell's office has just taken a backdoor approach to violating people's rights.

"Although we don't have all the facts, we are deeply troubled," said ACLU spokeswoman Rana Elmir. "We welcome the public to seek us out and file formal complaints with us. We are looking into this issue."

Elmir said police need legitimate probable cause to search a vehicle for drugs and "turning away" from a reported drug checkpoint "doesn't give police the probable cause," she said.

House should reject bill to cut workers' comp.

A bill introduced in the state House by Rep. Brad Jacobsen, R-Oxford, has the potential to gut the heart of Michigan’s Workers Compensation Act.

The measure, if approved, would cut workers compensation if a worker has “any residual wage-earning capacity whatsover.”

It does not matter if an injured worker can actually obtain a new job. The insurance company that pays workers compensation gets full credit for these “virtual wages,” said Richard Warsh, a Southfield attorney specializing in workers compensation cases.

“This means that almost all low-wage earners will virtually be eliminated from receiving benefits,” he said. “This will do irreparable harm to those least able to defend themselves.”

Current law says workers compensation is a lifetime benefit and Michigan is a “wage-loss” state, meaning a worker injured on the job will be compensated for lost wages as long as he or she is unable to work.

Now if injured at work, you must be treated with a doctor of the employer’s choice for the first 10 days. The new bill, however, extends that to 90 days.

If this bill is approved, it will leave people who “become disabled with no options, no money, and nowhere to turn,” Warsh said.

Backers of the proposal besides Jacobsen include the Michigan Manufacturers Association and the Michigan Chamber of Commerce. They say high workers compensation costs keep businesses from coming or staying here.

One construction worker, who asked not to be named, fell through a hole covered by a tarp while working at a local hospital construction site, injuring his knee. Since then, he has had three knee replacement surgeries.

He was receiving $500 a week and tried to be a telemarketer, as an insurance adjuster required, but failed in his attempt. His benefits were promptly terminated.

His family now receives only $390 a month in food stamps and no other compensation.

Jacobsen’s bill turns a cold shoulder to the injured workers in our state and lawmakers must reject this inhumane proposal.

Spinal injury victim fights to preserve insurance law.

On the evening of her parents' 25th wedding anniversary party, Erica Nader's celebration turned to tragedy: One moment, she was the passenger in a relative's car; hours later, she awakened in a hospital bed, finding her head bolted to a metal "halo."

Weeks later, she was sent home in an electric wheelchair to adjust to a life without the use of her legs or arms and with devastating injuries to many of her internal organs.

"It is very, very hard," she says. "Not only then, but now and every day."

But living within her limitations, she has thrived. With her parents, Fred and Rita Nader, she founded and runs Walk the Line to SCI Recovery, a Southfield rehabilitation center specializing in spinal cord injury that draws clients from around the world.

Now she is on the front lines of a political battle, trying to preserve the insurance law that has enabled her to work, live and marry. But that law is hanging by a thread.

Last week, the state Senate voted to the floor Senate Bill 649, legislation that would radically change access to medical care and lifetime benefits for those catastrophically injured in Michigan auto accidents. A similar bill, HB4936, is pending in the House of Representatives.

A year ago, on the ninth anniversary of The Accident, she deliberately created a new celebration, marrying Ira Coulston, the earnest, devoted man she met at a California rehabilitation center, where he was caring for his brother. He was attracted to her energy and will, and her fawn-like beauty. They shared books, talked politics and wrote letters back and forth for eight months before their first date.

"It was an unusual courtship," Erica Nader Coulston laughs.

Over a decade, with enormous physical effort and mental drive, she has regained partial use of her arms and hands; three times a week, for three hours at a time, she works on her legs.

"She's one of the most amazing, inspirational people I have ever known," says Joe Meisner, a Bloomfield Township neighbor and sales executive who participated in his first political protest over the insurance law changes Monday.

About 200 protesters marched near a Southfield strip mall, urging "people over profits."

The current no-fault law provides for "reasonable and necessary medical benefits" for the catastrophically injured, the quadriplegics, paraplegics and brain-injured and burned survivors of accidents.

Fewer than half of 1 percent of auto personal injury claims qualify for benefits that can keep victims out of nursing homes.

It is a uniquely compassionate law, the only one in the nation. Adopted in 1978 as part of no-fault insurance trumpeted by the insurance industry, it has worked for 38 years.

But as health care costs rise, "we don't believe it's a sustainable system," says Peter Kuhnmuench, executive director of the Insurance Institute of Michigan.

Eventually, the industry advocates say, the Michigan Catastrophic Claims Association — which pays claims from a common pool — will run out of money. When will that be? Insurers say sometime in the next 60 years.

"There's not any immediate concern," says Kuhnmuench, but insurers want to cap costs, making the payout limited and predictable. The proposed legislation will shift excess cost from auto insurers to Medicaid and health insurers, while limiting costs to a fee schedule. Consumers will be able to buy the cap they choose, from $500,000 to $5 million. The benefit, insurers say, will be lower premiums to consumers — although they cannot guarantee any savings.

Still, what better moment to make a move than now, when compassion to the poor or needy is viewed as societal luxury and all entitlements, from food stamps to unemployment benefits, are on the chopping block?

"It's scary," says Nader Coulston, who requires 24-hour care, and who lives at the whim of an uncooperative body — unable to maintain her body temperature, blood pressure, or bladder and bowel control.

"I was 23 when this happened. I didn't know what a catheter was. Nobody knows about commode chairs or suppositories or catheters when they're 23. We're talking about basic body function."

Now that she knows too well, she is fighting hard to combat this legislation: making treks to Lansing, wheeling down a protest line, baring the details of personal hygiene routines for interested parties.

She is fighting for her future and, more, for those strangers who might one day befall a similarly cruel accident, in a world growing more receptive to actuarial tables than policies of compassion.

"Petoskey man dressed as Batman ordered not to wear costume."

A Michigan man who was arrested after being spotted atop a building while wearing a Batman costume won't be dressing up for a while.

The Petoskey News-Review reports 32-year-old Mark Williams was sentenced Monday to six months of probation. During that time, a judge says he's not allowed to wear costumes — including the Batman one he was wearing when Petoskey police picked him up in May.

Read related story: Arrest marks growing pains for superhero movement

The Harbor Springs man earlier pleaded guilty to attempted resisting/obstructing an officer.

Williams said he was inspired by others who dress as super heroes to prevent crime and reach out to the homeless.

Officers in Petoskey, about 225 miles northwest of Detroit, also confiscated a baton-like weapon and a can of chemical irritant spray. Williams says he didn't intend to use them.

"Protesters rally in Southfield against changes to Michigan's No Fault Laws."

Officials say more than 100 car crash victims and protesters rallied in Southfield Monday to express concerns about new legislation they say will limit Michigan auto insurance benefits.

Many of the protesters held up signs similar to the “Occupy” Detroit protesters reading, “Protect people, not profits.”

The proposed bill seeks to change Michigan's No Fault Laws. Michigan House (HB 4936) and Senate (SB 649) bills would eliminate the rule to purchase unlimited lifetime medical benefits. It would instead give options of coverage.

According to officials, protesters of the bill say some of their concerns are higher insurance rates, the possibility of more under insured drivers and adding stress to the Medicaid system. Proponents of the bills say this change promotes consumer choice.

The protesters in Southfield were separate from the “Occupy” Detroit protestors currently residing in Grand Circus Park.

According to reports, the “Occupy” protesters – part of the national movement - are expected to stay in the park until the group’s permit expires in mid-December.

Debate begins over potential Michigan budget cash.

Lansing, — It turns out Michigan's state government might have brought in more money from taxes and fees than previously expected in the fiscal year that ended Sept. 30.

That likely will set up a battle this fall over what to do with the cash, which could total $285 million or more.

Democrats, outnumbered in the Michigan Legislature, say any extra money should be committed first to public schools and education programs that are dealing with budget cuts in the fiscal year that started this month. Republicans, including those in Gov. Rick Snyder's administration, are hesitant to commit to any spending before they have a clearer picture of state revenues. And if there is extra money, Republicans might use it to pay off state debt or stick it in state government's savings account.

"We need to wait and be sure that we understand what's available," Republican House Speaker Jase Bolger said. "Everybody's talking about the money already — they are estimates at this point."

Republican Senate Majority Leader Randy Richardville also urged caution among his colleagues at the state Capitol.

"Money gets spent real fast around here, before we ever get it in some cases," Richardville said.

Car crash victims to rally as legislators consider auto insurance bill.

A group of car accident victims plans to rally about auto insurance legislation being considered in Lansing.

The crash victims are to gather Monday in Southfield.

They're upset about a bill that passed the Republican-led House Insurance Committee last week. It would change Michigan's auto insurance coverage requirements for people injured in accidents.

Michigan is the only state in the nation that mandates uncapped medical benefit coverage for people seriously injured in vehicle accidents. The new proposal would offer motorists less expensive insurance in exchange for limited personal injury protection coverage.

The proposal would offer a range of coverage options. Supporters say motorists should have options for coverage.

Opponents say motorists opting for less coverage could wind up underinsured and in financial trouble if they're seriously hurt in an accident.

Michigan to proceed with welfare cuts after judge's ruling

Welfare cuts are back on after U.S. District Judge Paul Borman ruled late Friday that the new notices sent out this week by the Michigan Department of Human Services provided enough warning and information to 11,162 families scheduled to lose their cash assistance benefits this month.

The revised notices "satisfy the due process concerns," Borman wrote in his ruling.

A class action was filed in September by cash-assistance recipients facing the loss of their monthly allotments. Borman ruled earlier this month that the state had to continue paying benefits because it had done such a poor job of notifying the families that their cash assistance benefits would end Oct. 1.

So the state sent out new notices this week that included information on the state law authorizing the end of benefits and details on how recipients could appeal the termination.

"We will continue to move forward with our outreach to these recipients," said Maura Corrigan, director of the state Department of Human Resources.

"NAACP fights welfare reforms, benefit cuts."

Lansing— The state Department of Human Services reissued notices Thursday to 11,162 families slated to lose their cash assistance, but the NAACP said their letter still doesn't fulfill a judge's requirements.

DHS planned to cut the families' benefits on Oct. 1 because they exceeded a 48-month retroactive time limit signed into law by Gov. Rick Snyder in early September. U.S. District Judge Paul Borman blocked the move on Oct. 4, saying the state hadn't provided adequate notice.

Borman ordered DHS to rewrite the notice and give clients 10 days from the date they sent it out to file an appeal before their benefits are cut off. Butch Hollowell, general counsel for the NAACP, said he would file an amicus brief in federal district court this morning to challenge the new notice.

"We're seeking to go before Judge Borman to ask that the court require the state to give people their due process rights," Hollowell said. "Every notice that they have sent out has not come close to meeting minimum legal standards."

Hollowell will release details of the filing at a press conference this afternoon in Detroit, where he will be joined by NAACP President Rev. Wendell Anthony and other clergy and social services providers alarmed that roughly 41,000 individuals will lose benefits.

DHS issued a press release Thursday saying the notices cite the appropriate legal authority as well as more prominent language on the appeal process, as required in the ruling.

DHS had argued before the judge that adequate notice was given in three letters sent to clients. Borman found the letters were not clear and did not include adequate information on the reason for the change and how to appeal. DHS also said social workers made at least three attempts to phone each of the families slated to be cut off.

From The Detroit News: http://detnews.com/article/20111013/METRO/110130398/NAACP-fights-welfare-reforms--benefit-cuts#ixzz1alvbwUd4

"'Occupy movement takes hold across Michigan."

They're occupying Detroit, Kalamazoo, Lansing and places in between. The grassroots movement started on Wall Street that has spread across the nation is cropping up in scores of cities across Michigan. Residents who say they are exasperated with America's corporate forces and income disparities demonstrated Wednesday near financial institutions in downtown Kalamazoo. Grand Rapids residents held their first march Tuesday, and daily marches are planned. On Friday, Detroit and Flint residents are planning "occupations" through sit-ins and protests — the same day President Barack Obama will be in Metro Detroit to tour auto plants. And some are camping out at Reutter Park in preparation for the Lansing occupation on Saturday. "I want true change in this country," said Precious Daniels, a member of the Occupy Detroit movement. "I'm unemployed, my husband is working for $7.75 an hour, and things have to get better. No one in Washington is listening to people like me and my husband. The middle class is tired of being squeezed."

From The Detroit News: http://detnews.com/article/20111013/METRO/110130400/‘Occupy’-movement-takes-hold-across-Michigan#ixzz1alvDk9DC

"Supreme Court has trouble balancing strip-searches with privacy rights."

The Supreme Court on Wednesday had trouble drawing a boundary for how intimately corrections officials may search those entering jail without violating constitutional rights of privacy. After an hour of often graphic arguments about strip-searches and body-cavity inspections, the justices seemed to accept that even those picked up for minor violations could be required to strip and shower under the watchful eyes of jailers.

DHS sends out revised welfare cutoff letters."

Lansing— The state Department of Human Services has reissued notices to 11,162 families slated to lose their cash assistance because they've been on welfare for 48 months or longer.

The department issued the notices to comply with a judge's order that stopped DHS from removing the families from the rolls Oct. 1. U.S. District Judge Paul Borman blocked the cutoff of benefits Oct. 4 saying the state hadn't provided adequate notice.

Now that the letter has been issued, their benefits will continue for 10 more days to give them time to lodge an appeal. Those who appeal within the 10 days will have their benefits continue until their appeal is decided. Those who miss the 10-day window can still appeal within 90 days, but their benefits will not continue during the appeals process. If recipients lose their appeal they would have to refund benefit payments.

The families include roughly 41,000 people, nearly 30,000 of whom are children.

"Supreme Court refuses to reinstate Abu-Jamal death sentence."

The U.S. Supreme Court on Tuesday refused to hear a petition by the Philadelphia District Attorney's Office seeking to reinstate the death penalty against Mumia Abu-Jamal.

The ruling in the case of Abu-Jamal - convicted of murder in the 1981 shooting of Philadelphia Police Officer Daniel Faulkner - was one of more than 250 appeals summarily rejected by the high court without comment. It means that, unless the District Attorney's Office decides to conduct a new sentencing hearing, Abu-Jamal, 57, will continue serving a life sentence with no chance of parole.

Tasha Jamerson, spokeswoman for District Attorney Seth Williams, said the prosecutor's office would not comment on the ruling while its appeals unit decides what to do next.

Click here to read.

Kwame headed to the Michigan Supreme Court

Michigan Supreme Court tyo hear Kwame Kilpatrick book case. Click here to read.

"High Court won't hear appeal on Buddhist man's murder confession."

Prosecutors plan to seek a retrial for a man whose conviction for killing nine people at a Buddhist temple was overturned after the U.S. Supreme Court refused to reverse a decision that threw out his confession. Click here to read

Pickled up for fine and strip searched

Man picked up on a warrant for an outstanding fine, taken to jail and, as part of routine processing, ordered to strip naked. Click here to read.

More than ever apply for Disability

Applications are up nearly 50 percent over a decade ago as people with disabilities lose their jobs and can't find new ones in an economy that has shed nearly 7 million jobs.Click here to read

Terror suspect asks attorney to make the opening statement

Terror suspect Umar Farouk Abdulmutallab has given his standby-attorney permission to give his opening statement to the jury next Tuesday, when his case officially goes to trial.

Strip search case heads to U.S. Supreme Court

MARIETTA - The U.S. Supreme Court will hear a case in November of a New Jersey man claiming a strip search violated his civil rights and the Fourth Amendment, which protects against unreasonable search and seizure, and local officials say they are paying close attention.