Kent County, Michigan
| Abused Swan |
Legal Abuse Syndrome
In a recent survey of people like you who have been to court:Average amount paid in
legal fees was $127,900.The largest was $500,000 and the lowest was $6,000.
Average number of court appearances including appeals was 48.
The average case lasted eight years.
The longest case is now going on 18 years, the shortest case was two years.
Most were not satisfactorily completed. After great effort an expense, money ran out,
lawyers would not take the case, and justice was not achieved.
Regardless of cost, there was no closure for people using our justice system
In a recent survey of people like you who have been to court:Average amount paid in
legal fees was $127,900.The largest was $500,000 and the lowest was $6,000.
Average number of court appearances including appeals was 48.
The average case lasted eight years.
The longest case is now going on 18 years, the shortest case was two years.
Most were not satisfactorily completed. After great effort an expense, money ran out,
lawyers would not take the case, and justice was not achieved.
Regardless of cost, there was no closure for people using our justice system
Ryan v Ryan
This is the famous case where
Judge Patricia Gardner
and
Attorney Mary Benedict
Violated this fathers due process.
This was what the Court of Appeals had to say
“‘[T]he Due Process Clause does not permit a State to infringe on the fundamental right of parents to make
childrearing decisions simply because a state judge believes a ‘better’ decision could be made[.]’” Hetzel v
Hetzel, 248 Mich App 1, 20; 638 NW2d 123 (2001), quoting Troxel, supra at 72-73. Indeed, this case is about
the intentional misuse of the legal system to circumvent laws designed to protect and maintain the integrity of
families. Procedural rules are also designed to protect parents from the risk of an erroneous deprivation of the
parent’s liberty interest in the management of their child. In re Brock, supra at 107. The trial court’s structural
error deprived defendants of the opportunity to defend the allegations before the trial court issued a series of
orders that stripped defendants of their right to exercise care and custody of their daughter. In re PAP, supra
at 155. Because the trial court never properly assumed jurisdiction, all orders based on the wrongful
assumption of jurisdiction are void ab initio. In re Kurzawa, 95 Mich App 346; 290 NW2d 431 (1980).
This is the famous case where
Judge Patricia Gardner
and
Attorney Mary Benedict
Violated this fathers due process.
This was what the Court of Appeals had to say
“‘[T]he Due Process Clause does not permit a State to infringe on the fundamental right of parents to make
childrearing decisions simply because a state judge believes a ‘better’ decision could be made[.]’” Hetzel v
Hetzel, 248 Mich App 1, 20; 638 NW2d 123 (2001), quoting Troxel, supra at 72-73. Indeed, this case is about
the intentional misuse of the legal system to circumvent laws designed to protect and maintain the integrity of
families. Procedural rules are also designed to protect parents from the risk of an erroneous deprivation of the
parent’s liberty interest in the management of their child. In re Brock, supra at 107. The trial court’s structural
error deprived defendants of the opportunity to defend the allegations before the trial court issued a series of
orders that stripped defendants of their right to exercise care and custody of their daughter. In re PAP, supra
at 155. Because the trial court never properly assumed jurisdiction, all orders based on the wrongful
assumption of jurisdiction are void ab initio. In re Kurzawa, 95 Mich App 346; 290 NW2d 431 (1980).
Rate Mary Benedict
Guess What the County Commissioners Did?
Read the cover up!
KENT COUNTY BOARD OF COMMISSIONERS
Thursday, May 27, 2004
Administration Building - Room 310
________________________________________________________________________
Meeting called to order at 8:30 a.m. by Chair David J. Morren.
Present: Commissioners Agee, Boelema, Bulkowski, Hiddema, Koorndyk,
Kuipers, Mast, Mayhue, Morgan, Postmus, Tanis, VanderMolen, Vaughn,
Vonk, Voorhees, Wahlfield, Chair Morren
Absent: Horton, Rolls – 2 (Excused).
Invocation: Commissioner Voorhees introduced Associate Pastor Dave Christian,
Resurrection Life Church, who gave the invocation.
5-27-04-51 – McGINN-LOOMIS SETTLEMENT
WHEREAS, the County, as insurer for its employees, has provided representation for County employee Adele
McGinn-Loomis, a defendant in a federal civil rights action titled Ryan v. McGinn-Loomis, has also provided
representation for the Hon. Patricia Gardner upon Plaintiffs’ demand to depose her in the action, and has
sought to preserve its own prospective interests with legal representation; and
WHEREAS, the action at issue is a wide-ranging, multi-faceted dispute, with other litigation pending that does
not involve the County, concerning the rights of Miller, Johnson, Snell & Cummiskey attorney Tim Ryan and
his wife to parent their daughter without judicial interference, as well as other domestic and relational matters;
and WHEREAS, the County is now being threatened by Plaintiffs that they intend to add the County as a party
to the lawsuit, as well as several of its elected and appointed officials who may require separate
representation; and
WHEREAS, the attorney fees and costs of proceeding with this case are expected to run as high as $500,000,
including representation of at least three parties and perhaps more if the County is named as a party, as well
as attorney fees payable to Plaintiffs by law if they should even nominally prevail in a jury trial on their claims
against County employees, and subsequent post-litigation insurance coverage proceedings; and
WHEREAS, in addition to attorney fees and costs, continued litigation of this matter has the potential to raise
spurious yet high-profile allegations against the County and divert the County’s human resources, including
those of elected officials, the judiciary, and staff, to frequent and in-depth attention to this matter based upon
Plaintiffs’ record of aggressive maneuvers; and
WHEREAS, despite the greatly fantastical, contentious, and vindictive nature of Plaintiffs’ claims, the County is
now in a position to prevent the likely expenditure of an additional $400,000 by settling this case for $115,000,
which settlement has been determined by counsel to be in the County’s best interests; and
WHEREAS, the County, in exchange for its settlement, will receive agreement from the Plaintiffs that they will
not publicize the various allegations they have raised, all of which the County and its employees have denied,
nor will they have any non-business-related contact with Adele McGinn-Loomis.
NOW, THEREFORE, BE IT RESOLVED that the Kent County Board of Commissioners appropriates the sum
of $115,000 in settlement of all claims raised by Plaintiffs in Ryan v. McGinn-Loomis and any other litigation
related to the subject matter of the case, in exchange for the County’s receipt of a settlement agreement that,
at a minimum, prohibits Plaintiffs from publicizing any of the allegations made in the case, and further prohibits
Plaintiffs from having any non-business contact with Adele McGinn-Loomis.
Motion by Commissioner Morgan, supported by Commissioner Agee, that the resolution be adopted.
Motion carried:
Yeas: Kuipers, Koorndyk, Vaughn, Mayhue, Bulkowski, Postmus, VanderMolen, Mast, Agee, Voorhees,
Boelema, Hiddema, Tanis, Morgan, Wahlfield, Vonk, Chair Morren – 17.
Nays: 0.
Is this who Kent County wants to represent their county?
Guess What the County Commissioners Did?
Read the cover up!
KENT COUNTY BOARD OF COMMISSIONERS
Thursday, May 27, 2004
Administration Building - Room 310
________________________________________________________________________
Meeting called to order at 8:30 a.m. by Chair David J. Morren.
Present: Commissioners Agee, Boelema, Bulkowski, Hiddema, Koorndyk,
Kuipers, Mast, Mayhue, Morgan, Postmus, Tanis, VanderMolen, Vaughn,
Vonk, Voorhees, Wahlfield, Chair Morren
Absent: Horton, Rolls – 2 (Excused).
Invocation: Commissioner Voorhees introduced Associate Pastor Dave Christian,
Resurrection Life Church, who gave the invocation.
5-27-04-51 – McGINN-LOOMIS SETTLEMENT
WHEREAS, the County, as insurer for its employees, has provided representation for County employee Adele
McGinn-Loomis, a defendant in a federal civil rights action titled Ryan v. McGinn-Loomis, has also provided
representation for the Hon. Patricia Gardner upon Plaintiffs’ demand to depose her in the action, and has
sought to preserve its own prospective interests with legal representation; and
WHEREAS, the action at issue is a wide-ranging, multi-faceted dispute, with other litigation pending that does
not involve the County, concerning the rights of Miller, Johnson, Snell & Cummiskey attorney Tim Ryan and
his wife to parent their daughter without judicial interference, as well as other domestic and relational matters;
and WHEREAS, the County is now being threatened by Plaintiffs that they intend to add the County as a party
to the lawsuit, as well as several of its elected and appointed officials who may require separate
representation; and
WHEREAS, the attorney fees and costs of proceeding with this case are expected to run as high as $500,000,
including representation of at least three parties and perhaps more if the County is named as a party, as well
as attorney fees payable to Plaintiffs by law if they should even nominally prevail in a jury trial on their claims
against County employees, and subsequent post-litigation insurance coverage proceedings; and
WHEREAS, in addition to attorney fees and costs, continued litigation of this matter has the potential to raise
spurious yet high-profile allegations against the County and divert the County’s human resources, including
those of elected officials, the judiciary, and staff, to frequent and in-depth attention to this matter based upon
Plaintiffs’ record of aggressive maneuvers; and
WHEREAS, despite the greatly fantastical, contentious, and vindictive nature of Plaintiffs’ claims, the County is
now in a position to prevent the likely expenditure of an additional $400,000 by settling this case for $115,000,
which settlement has been determined by counsel to be in the County’s best interests; and
WHEREAS, the County, in exchange for its settlement, will receive agreement from the Plaintiffs that they will
not publicize the various allegations they have raised, all of which the County and its employees have denied,
nor will they have any non-business-related contact with Adele McGinn-Loomis.
NOW, THEREFORE, BE IT RESOLVED that the Kent County Board of Commissioners appropriates the sum
of $115,000 in settlement of all claims raised by Plaintiffs in Ryan v. McGinn-Loomis and any other litigation
related to the subject matter of the case, in exchange for the County’s receipt of a settlement agreement that,
at a minimum, prohibits Plaintiffs from publicizing any of the allegations made in the case, and further prohibits
Plaintiffs from having any non-business contact with Adele McGinn-Loomis.
Motion by Commissioner Morgan, supported by Commissioner Agee, that the resolution be adopted.
Motion carried:
Yeas: Kuipers, Koorndyk, Vaughn, Mayhue, Bulkowski, Postmus, VanderMolen, Mast, Agee, Voorhees,
Boelema, Hiddema, Tanis, Morgan, Wahlfield, Vonk, Chair Morren – 17.
Nays: 0.
Is this who Kent County wants to represent their county?
Create your own video slideshow at animoto.com.
Michigan's former Senator Bill Hardiman
sat on the Department Of Human Services
board in Lansing. He and his wife started the
Health Marriages in Grand Rapids, Michigan
that is run through Pine Rest. They received
the Federal Funds that were placed in the
Departments of Human Services for the
Healthy Marriage Program. Check out to
see who sits on the board with Hardiman and
Judge Patricia Gardner. Health Marriage
Grand Rapids
sat on the Department Of Human Services
board in Lansing. He and his wife started the
Health Marriages in Grand Rapids, Michigan
that is run through Pine Rest. They received
the Federal Funds that were placed in the
Departments of Human Services for the
Healthy Marriage Program. Check out to
see who sits on the board with Hardiman and
Judge Patricia Gardner. Health Marriage
Grand Rapids
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