Written by Barbara Beck   

I went to jail in Kalamazoo, Michigan for requesting open records via Michigan's Freedom of Information Act, FOIA. This article is a BRIEF summary of my story.

My ex-husband is an administrator at the City of Plainwell, Michigan (small town north of Kalamazoo). In 2008, eight months after our consent Judgment of Divorce was finalized, he conspired with his neighbors and filed a false crime report against me his employer's police department, Plainwell Public Safety, PPS. His false report asserted his neighbors 'caught me' stalking his home in Plainwell. I did not commit a crime, was not charged, and the case allegedly closed - - until I asked Plainwell Public Safety to investigate my ex for committing a crime; willfully and knowingly filing a false police report. His employer's police chief refused my request.

Less than an hour after sending my email to PPS requesting the department investigate my ex, the city manager sent my email to my ex. Four hours later, my ex-husband's alleged 'private' attorney, who is also Plainwell's city attorney, acquired the first of seven unlawful and fraudulent ex-parte Personal Protection Orders, PPO, (restraining orders) against me from Kalamazoo County Ninth Circuit Court Judge (and now Chief Judge), Curtis J. Bell. Every PPO prohibited me from contacting Plainwell, a government entity. Moreover, Judge Bell granted five of the PPO's, ex-parte, after I moved to Wisconsin, 320 miles from Plainwell. I believe that is unlawful.

The first FOIA request I sent to the City of Plainwell simply asked for their police report and any emails between the parties related to my ex's false report. Plainwell charged me $25.00 for the police report and a few emails. I sent Plainwell additional FOIA requests after acquiring the original police report because of the numerous errors and inconsistencies in the Report.

Shortly thereafter, Plainwell's police chief banned me from appearing at the police department to pick up a traffic accident report I requested via FOIA, a police report relevant to a pending court hearing requesting the judge rescinding the unlawful PPO. The police chief also threatened me with arrest and incarceration if I appeared in person at Plainwell Public Safety (I had been there one time to pick up the original report) asserting it would be a violation of my unlawful ex-parte PPO.

Plainwell knew the report I requested was crucial to my court case. They fully intended to withhold the document until after the hearing. Despite all the material evidence supporting my motion to rescind, I lost. Judge Bell opined, "Just because you didn't get caught doesn't mean you didn't commit a crime." My attorney never addressed Judge Bell's blatant disregard of the evidence or his appalling opinion. Instead, he threw me under the bus. I requested he withdraw as counsel.

This nonsense continued for 21 months. Every time I contacted the City of Plainwell hoping to acquire open records, my ex's alleged 'private' attorney was informed of my requests. As soon as Plainwell's city attorney received an update from the city's administrators, he would request another ex-parte PPO, which Judge Bell eagerly granted. Every PPO prohibited me from contacting Plainwell.

During this nightmare, I retained two additional attorneys' hoping to rescind the unlawful restraining orders. Even though my ex's story changed dramatically in subsequent hearings, the attorneys to whom I paid thousands of dollars to defend me failed to address my ex's blatant perjury and the court's ongoing violations of my First, Fifth and Fourteenth Amendment rights. It was obvious Judge Bell made his decisions long before I walked into the courtroom. After the third hearing, knowing the outcome could not get worse, I chose to represent myself; it was ludicrous to pay an attorney who failed to represent my interests.

Ignoring the unconstitutional provision in my numerous ex-parte PPO's, I continued sending Plainwell FOIA requests; however, I received very few documents - - I did not have $45,000.00 to pay for the public records. Judge Bell also refused to sign a subpoena requiring Plainwell release the public records. Judge Bell knew the documents I was trying to obtain supported the fact my ex committed a felony, the City of Plainwell assisted him in covering up his crime, and the ex-parte PPO's Judge Bell repeatedly granted my ex were fraudulent, unlawful, and unconstitutional.

In late 2009, I acquired open records from Allegan County, Michigan (Plainwell is located in Allegan County) related to my case. Allegan County charged me $25.00 for the records. Their records proved my assertions the officers of Plainwell, including my ex and his alleged 'private' attorney colluded to protect my ex from suffering any criminal charges for filing a false report. In addition, Allegan County's police reports proved Plainwell altered a closed police report, which is also unlawful. Moreover,Allegan County's records supported my allegations the parties knowingly, willfully, maliciously, and unlawfully conspired with Judge Bell to deny me my federally protected constitutional rights.

I begged the press to investigate my allegations of corruption and misconduct. I provided Grand Rapids "WOOD-TV8's" investigative journalist with all my documents, including official police reports from Plainwell and the few emails I acquired from Plainwell's police chief, detective, and city manager, all of which contradict Plainwell's police reports. I also provided the press with the police reports I acquired from Allegan County, emails I received from a since retired Michigan State Police, MSP, detective, and official court transcripts. Sadly, the press ignored my efforts.

In 2008, at my request, the MSP began an investigation into my allegations against the City of Plainwell, including conspiracy and government corruption. In January 2009, after the City of Plainwell learned I requested the MSP to investigate the city and Judge Bell, the investigation came to an abrupt end. During a 2011 conversation with the commander of the MSP's Sixth District Headquarters in Grand Rapids, the MSP commander intimated their detective had actively investigated my allegations until the Michigan Attorney General's office shut him down. I believe Mike Cox was running for Governor at the time. Allegan County is extremely Republican. I subsequently spoke to Michigan's current Assistant AG in charge of the Criminal Division, the US Attorneys in GR and Detroit, and a FBI Special Agent in the Grand Rapids Field Office. I begged them to reopen the investigation, not a chance.

I moved to Wisconsin in 2009 hoping to end this legal abuse (it escalated). After returning home, I met with a FBI SA in the Milwaukee Field Office. When I tried to show him my documentation, he refused to look at the evidence. Apparently, even though the evidence existed, as long as law enforcement did not "see" the evidence, no crime occurred.

In March 2010, Judge Bell charged me with and convicted me of criminal contempt of court, sentencing me to 90 days in jail. Judge Bell opined that my decision to send Plainwell seven FOIA requests after acquiring the records from Allegan County in late 2009 violated the unconstitutional terms of my ex-parte PPO's. Judge Bell also fined me thousands of dollars during my contempt hearing. Jail was not fun.

After sending me to jail, Judge Bell unlawfully modified my consent Judgment of Divorce, JOD, more than two years after it was finalized. To the best of my knowledge, in Michigan, consent JOD is deemed a contract. Judge Bell's material modifications to my consent JOD included granting my ex exclusive rights to the home, rights to which I was granted two years earlier during mediation. I spent nearly three years maintaining and attempting to sell the marital home without any assistance from my ex. Judge Bell also set the 'new' purchase price of the home. His price was far below the appraised and tax estimated value of the home.

Shortly thereafter, we received a low-ball offer from a Kalamazoo attorney. Judge Bell ordered we accept it. I refused. Judge Bell subsequently awarded my ex temporary power of attorney over me and allowed him to sell the home without my consent. The final blow - - Judge Bell awarded my ex all the equity upon sale of the home, rendering me penniless, money the original consent JOD required be split 50/50.

Lacking any funds, I was unable to retain counsel to challenge Judge Bell's outrageous and unlawful rulings - - I assume that was his intent. As such, I filed two pro se Delayed Applications for Leave to Appeal his decisions with the Michigan Court of Appeals, COA, The COA denied both Applications claiming they lacked merit. IOW, the COA determined it was lawful to deny me my federally protected rights and incarcerate me for petitioning the government for a redress of my grievances. PURE Michigan!

As a pro se, in forma pauperis litigant, I filed a 42, U.S.C., Section 1983 and Section 1985 Complaint in the USDC in GR two years after my ex filed his false report. My federal Complaint asserted the City of Plainwell, the Officers of Plainwell, including my ex and his alleged 'private' attorney, and his neighbors, willfully, knowingly, and maliciously conspired to deprive me of my First, Fifth, and Fourteenth Amendment rights under color of state law. In addition, Plainwell Public Safety knowingly engaged in First Amendment retaliation. I was unable to list malicious prosecution and false imprisonment as causes of action in my federal case unless the COA overturned Judge Bell's outrageous decisions. Ironically, after waiting nearly 11 months for the COA's second decision regarding my imprisonment, the COA rendered its decision denying my request on the exact day Plainwell's outside counsel received my federal Complaint. Convenient!

Although I survived two motions for summary judgment, last March, after 32 months arguing my case and 191 docket entries later, Federal Judge Janet Neff dismissed my case. Judge Neff also refused to grant me access to discovery over the 32-month period. The majority of my discovery requests consisted of public records. Moreover, she also threatened me with sanctions if I appealed her decision to the Sixth Circuit. I believe I would have won my case had I been able to afford counsel.

Quoting Amy Bach, "Ordinary Injustice"* is widespread in our nation, especially when it involves corrupt and unethical public officers and officials, judges, and attorneys. Lesson learned - - our country's "Just Us" system is the most powerful club in this nation and it is anything but 'just.'

I owe the Detroit Chapter of the National Lawyers Guild a huge thank you for assisting me throughout my federal case. Their wise counsel helping me navigate the nuances of the FRCP and the FRE was priceless. Thank you, Detroit NLG!

Ordinary Injustice: How America Holds Court, by Amy Bach, 2009.