Is A Class Action Lawsuit A Possibility?

[xxsesimeseedxx]

Would a class acton lawsuit have to be filed against the STATE by wrongfully arrested and/or accused citizens? Or would it have to be filed against local LEO? Or is it even possible to file one?

[bobandtorey]

Would a class acton lawsuit have to be filed against the STATE by wrongfully arrested and/or accused citizens? Or would it have to be filed against local LEO? Or is it even possible to file one?

 

yes and i think yes

[jmac2010]

yes and i think yes

First for time it is taking to issue cards. Second against LEO for ignoring the law. And last but not least against PA's and Courts for ignoring the AD and other parts of law when they see fit. I would love to see something like this. It's time to band together people. Remember before 2008 we were all considered criminals. Oh yea lets not forget employers who are prejudice in Michigan.

[Irishgreen]

I had written Geoffrey Fieger about a class action law suit.

 

His letter said we have a case, but we need to find a lawyer willing to do it. It will be too much work, for little money.

 

BASICALLY, look for a new lawyer that wants to make a name for himself. Everyone already knows his.

[mizerman]

I had written Geoffrey Fieger about a class action law suit.

 

His letter said we have a case, but we need to find a lawyer willing to do it. It will be too much work, for little money.

 

BASICALLY, look for a new lawyer that wants to make a name for himself. Everyone already knows his.

We need to find a lawyer who just got out of law school whose family is already millionaires.

 

The case against the MDCH/MMP should have been filed over a year ago.

 

Again, there is NO justifiable reason people don't have their card in their own hands within 20 days.

 

And, as far as LEO, PA's etc...there needs to be some swift action in civil cases for people like Bob & Torey.

 

As soon as one municipality and/or the insurance company that handles their liability coverage gets hit with a multi-million dollar judgement a lot of this crap (harassing patients in any form over a plant) will stop.

 

We either have to to it through the court system or work for full-scale legalization on the ballot in 2012.

 

November 2012 is enough time, right???

 

Mizerman

[Zombiefied]

I say we work both, OUR state has been making whoopee with OUR citizens for far to long. Go for the lawsuit and the legalization or decriminalization.

[bobandtorey]

We need to find a lawyer who just got out of law school whose family is already millionaires.

 

The case against the MDCH/MMP should have been filed over a year ago.

 

Again, there is NO justifiable reason people don't have their card in their own hands within 20 days.

 

And, as far as LEO, Pa's etc...there needs to be some swift action in civil cases for people like Bob & Torey.

 

As soon as one municipality and/or the insurance company that handles their liability coverage gets hit with a multi-million dollar judgment a lot of this crap (harassing patients in any form over a plant) will stop.

 

We either have to to it through the court system or work for full-scale legalization on the ballot in 2012.

 

November 2012 is enough time, right???

 

Mizerman

 

thanks we just want to be FREE and are house back that would be great for now

[bobandtorey]

I had written Geoffrey Fieger about a class action law suit.

 

His letter said we have a case, but we need to find a lawyer willing to do it. It will be too much work, for little money.

 

BASICALLY, look for a new lawyer that wants to make a name for himself. Everyone already knows his.

 

thanks we have Attorney Rob Mullen he is a good Lawyer he is better then Fieger and Matt is good to they both helped us bout am going to start a blog one day with the whole story am hoping it will help with all the stress

 

thanks for all you do Irishgreen

[Irishgreen]

This was his letter verbatim. I'll try to find the old post with my original letter to him.

 

 

Dear Irishgreen,

 

It was a pleasure to make your acquaintance and review your possible legal claim. However, I am writing to inform you that this firm will not be able to represent you in any legal matter relative to your recent inquiry. Our decision is not based on any determination that there is no case here, but rather on our determination that it simply would not be economically feasible for us to proceed on your behalf based upon the estimate of time necessary to be expended for a successful prosecution of this matter and a reasonable expectation of recovery.

 

Please remember that by deciding not to pursue this matter on your behalf, we are indicating a matter of our opinion, only, and another attorney or law firm looking at the same fact situation and the same circumstances might come to a different conclusion. Therefore, we urge you to attempt to seek other opinions in this regard by talking to other attorneys or law firms.

 

It is important for you to realize that there is a statute of limitations governing cases such as this, and therefore, if you do intend to proceed with your possible case, we urge you to consult another attorney or law firm as quickly as possible since you only have a limited time within which to act. NOTE: failure to file the lawsuit within applicable Statute of Limitations will forever bar your case no matter how meritorious it would have been.

 

Thank you for considering our firm. If I can be of any assistance in the future, kindly advise.

 

Very truly yours,

 

Geoffrey N. Fieger

[valleyrat79]

Anyone know any cooley students graduating this year? Gotta be someone willing to take on a CA suit against the state.

 

Fieger's a weenie for not taking this on - complete coward. He must be considering another run for Lansing's top job.

[Irishgreen]

This was my original letter to him.

 

 

 

We the sick and dying of the State of Michigan are being treated worse than second class citizens. The people of MI voted on Proposition 1 on 11/4/08. The vote passed in every single county in MI. Not one county was under 50%!

 

The law went into effect on 12/4/08. In April of 2009 they began issuing registration cards. Since that time MDCH has been taking an extremely long time issuing the cards.

 

The Law states that if a patient does not receive a denial letter after 20 days, the paperwork is to be used as a card until the actual card arrives. The problem with this is the cards are now taking MONTHS to arrive. Sick and dying people MUST wait MONTHS for their medicine.

 

Imagine waiting MONTHS for medicine for pain for your back. Imagine someone telling you, “We have a great new medicine that will help you get your appetite back!” “Oh, you only weigh 100 pounds?” “That is ok, your card will be here in a few months, you can eat then.” We don’t have to IMAGINE it’s happening to us!!!!!

 

Why are people having to wait months? Well, that is how long the state is taking to issue cards. If you don’t have a card several issues arise. First, No one wants to assist you without having a card proving they are your caregiver. Per the law, a patient can acquire their medication from any source. It’s the source that is unprotected. The source doesn’t want to go to jail. So, that leaves many sick people waiting for their cards without medicine. Secondly, it leaves many patients open to police harassment. Even those with their cards have had issues with the police. It should be an open and shut case. “You have a VALID card? Have a good day.”~~ End of story.

 

But that is not the case. This is not just a small issue. Let me explain why. The State is behind on issuing the cards from October. It is 1/28/10. As of April 2010, they will now have renewals to contend with. So DOUBLE the load! They have NO plans on hiring more help. We have heard rumors that the governor has said she only wants a limited (undisclosed)number of cards issued per day. Which is ABSOLUTELY insane! How does THAT keep patients off the front line?

 

It is NOT up to the State to decide IF we qualify. That is up to our doctors. The State is to be a robot accepting applications and issuing cards. They should NOT be making decisions on a number of cards per day, nor their personal opinions of the law.

 

Because of these opinions, and decisions I turn on the TV and see card carrying patients that had their medication taken from them. I know of quite a few court cases going on right now that are all different circumstances. But, the saddest part of the States neglect is that there are many caregivers that probably COULD help many of the patients that need medication, but because they don’t have their cards yet they are afraid! So the patients suffer.

 

Also, they keep using funding as a reason that cards are late. Well, Most of us had to pay a $100.00 registration fee. Some that are on SS or SSI may have had a $25.00 fee.

There have been 14,560 applications received since April 6, 2009.

7,831 patient registrations issued.

3,288 caregiver registrations issued.

2,485 applications denied -- most due to incomplete application or missing documentation.

 

That is a nice chunk of money!

 

The reason the people of MI voted in this law was because we believe in compassion. Something that the State does not have right now. It is my opinion that the State of Michigan is NOT upholding the will of the people.

 

What can we do and can you help us?

 

Sincerely,

Irishgreen<br clear="all">

[ms.clark]

Large social movements begin with grass root individuals who are willing to put themselves out there. I, for one, am what my professors called a "radical social worker." Think back to the sixties and those brave individuals who brought about social change by building a momentum that spread like wild fire. I am willing to put my profession to the test and advocate for this movement. I was invited to speak in Lansing to the Michigan chapter of the National Association of Social Workers on medical marijuana but was unable to attend because I was busy teaching Substance Abuse Treatments to other social workers. I offer my services to MMMA. I will speak towards the issues that plague this movement. And I put out a call to other social workers: Here is your chance to uphold your core values and advocate for oppressed & vunerable populations!!!

[Irishgreen]

I did write that letter in Feb I believe. That is why there may be a difference in numbers.

 

I don't think wishing for them to get the cards out per the law is unreasonable.

 

Especially, since it has been well over a year now that they have been issuing them.

 

I'm not vilifying the workers trying to get out our cards. Of coarse, you can only work with what you have.

 

LEO don't care that we don't have our cards, they don't care that MDCH is backed up. If you are caught, and

 

you don't have the plastic card.....you are more likely than not, going to have a problem.

 

I see your position, but.............there has to be a way to get them to follow the law!

[Irishgreen]

As, I said.

 

This was in Feb I believe.

 

I have definitely moved on in the way I am perusing to voice my (and others) position.

 

That was a beginning point. I saw a thread here discussing people wanting a class action suit. I felt I had some information to share, as did you. Whether or not it is the correct avenue, remains to be seen.

 

It is a shot in the wind to even find a lawyer that wants to pursue it. And, then by that time, the issue could be worked out.

 

We are tired of feeling unimportant!

[greenbuddha]

It's a huge issue, and it's likely to get worse before it gets better. Sooner or later, there is going to be more of a crisis. Who knows how close that small department is to complete chaos? But like I say, there's more than one way to solve a problem. And there's always more than one way to look at the problem. How you or we should chose to approach it, depends on how we chose to define the problem. Is the problem Granholm? Is it the state police? The attorney general? MDHC? Somebody up there somewhere seems to be doing some intentional foot dragging. But a change in any one of those entities could potentially solve it. The email from Melissa Peters in the other post almost seems to beg for some sort of advocacy, "Hey, make a stink! We need help here!" I'd like to hear what other avenues people who have thought carefully about this have in mind as possible alternative approaches to a class action lawsuit. Going after the MDHC could cause some backlash against the doctors, if they chose to 'fix' the problem by placing limits on the physicians.

 

 

IMHO it will be a 'cold day in hell' when the MDCH takes on the AMA and Michigan doctors as 'a group' by limiting a doctors right to see the types and numbers of patience they choose to see.

 

BUT.. it could happen that the MDCH goes after individual doctors and takes them to 'task' for NOT providing adequate exams and post-care follow up with MMJ patients as was recently done in Colorado, I believe it was.

 

But that still leaves us with 'what might' be done, to improve MDCH's lack of ability to meet the demands placed upon it in fulfilling the MMJ law as passed by the people of Michigan.

 

Again, IMHO it goes back to money, politics and 'votes'.

 

BUT... I suppose a person might find a wild eyed law graduate ready to take on such a mission... somewhere.

[Irishgreen]

Greenbudda, I think AMA might be complacent with restricting this program. The AMA administers the coding of patient visits and procedures. And since they've been doing that, many physicians actually question whether the AMA is truly representing them so much as the insurance providers and pharmaceutical industry. This is still a new program with several things that still need to be worked out. Simply requiring more follow up care in and of itself would effectively restrict not only the patients who don't have insurance, but how many the physician sees. While that wouldn't mandate a 'cap', it would effectively result in one. There are many ways they could achieve the result they want, and they wouldn't have to take on the AMA in order to do it.

 

Although there are 20,000 plus patients and caregivers currently in the program in the state of Michigan. There needs to be a change, but we want to make sure we achieve the result we want, so the approach needs to be a careful one. Money. Politics. Votes. Surely someone has the voice to speak out for the program, the patients and the people, in a way that will promote positive change. A lobbyist that will represent the community in a positive light. We need to get someone going, who will research, find out who to talk to and how to elicit change and make a difference. We need to find out who the key people are and how to sway them. It could be as simple as influencing just one elected state official. This doesn't seem like such a great task as getting the law passed in the first place. Just my Humble Opinion

 

 

Agreed

[freemannabis]

Like many who visit here, I can certainly appreciate the numerous interesting comments on this thread.

 

Much obliged.

 

: ]

 

Also much like countless other FREE-THINKERS here, I am - VERY MUCH - for PRO-ACTIVE ADVOCACY.

 

That being said, I refuse to believe that "WE the PEOPLE" need to just wait and wonder what fate will befall us all if we don't play the greasy-palmed money game of greed-head politicians and multi-national "money-mongers" by back-breakingly unwillingly committing to some form of enduced slavery or servitude of another "human" being just to procure the heartless hand of MAMMON in order to defend our legitimate cause.

 

Especially is this true when reflecting upon the magnitude of compassion, knowledge and wisdom that is often broadly and profoundly displayed (here and elsewhere) by a loose-knit array of people the "Anti-FREES" of the world are glaringly ignorantly compelled to mutter and hear themselves empty-mindedly brand and label together as "nothing but a bunch of stoners" (or, something to that effect).

 

Well, on that note, I'm sure proud to be in good company.

 

And, speaking of sharing in "Good Company," here's something interesting for all of us "lazy potheads" [aka: PRO-ACTIVE Advocates] to ponder how to employ in our efforts to counter the assault of "The Antis" that relentlessly terrorize "WE the (harmless and victimized) PEOPLE":

 

[which reminds me: I just heard, on the evening news, DARE is "targeting" FIFTY MILLION (repeat: thats 50,000,000!) of our otherwise innocent-minded CHILDREN this year! Sure hope somebody's aim is as clearly off-the-mark as their intellect]

 

 

MCL 21.47

Accounting system; report of examination of accounts; filing; criminal and civil proceedings; prosecution; removal for neglect.

 

Sec. 7.

 

A report shall be made, in duplicate, of each examination made in accordance with the provisions of this act. The duplicate report shall be signed and verified by the officer making the examination, 1 copy of which shall be filed with the state treasurer and 1 copy with the county examined. If any examination discloses malfeasance, misfeasance, nonfeasance, or gross neglect of duty on the part of any officer or employee of any county office, for which a criminal penalty is provided by law, an additional copy of the report shall be made and filed with the attorney general, and the attorney general, within 60 days after receipt of that report, shall institute criminal proceedings against the officer or employee, or direct that criminal proceedings be instituted by the prosecuting attorney of the county in which the offense was committed. The attorney general, or the prosecuting attorney, as the case may be, also shall institute civil action in any court of competent jurisdiction for the recovery of any public money, disclosed by any examinations to have been illegally expended, or collected and not accounted for and for the recovery of any public property disclosed to have been converted and misappropriated. Refusal or neglect to comply with the requirements of this section on the part of the attorney general, or on the part of the prosecuting attorney of any county in the state, is sufficient cause for his or her removal from office by the governor.

 

 

History: 1919, Act 71, Imd. Eff. Apr. 15, 1919 ;-- CL 1929, 305 ;-- CL 1948, 21.47 ;-- Am. 2002, Act 370, Imd. Eff. May 24, 2002

 

 

© 2009 Legislative Council, State of Michigan

 

As found here:

 

http://legislature.mi.gov/doc.aspx?mcl-21-47

 

After all, aren't "WE the PEOPLE" who CHOOSE to consume (or not consume) a harmless, healthy, natural plant called CANNABIS criminalized via "ACTS of COMMERCE"?

 

The question now is: Can we file a citizens (PEOPLE's) complaint (class-action or otherwise) against the Malfeasants?

 

And, can we file a suit against Ingham (or any other) county, from any other county?

 

If so, I will ceratainly continue to consider committing to filing a complaint from Houghton, Baraga, Ontonagon and Keweenaw counties.

 

Just thinkin' out-loud - again!

 

: /

 

FREE the CURE!

[Highlander]

A big question to get an answer to is, "How many patients and CGs (who have been harmed by the MDCH failing to issue cards on time...such as loss of grow time) would be willing to be named as part of the class? I think that most people don't want to go public yet.

[phaquetoo]

This was my original letter to him.

 

 

 

We the sick and dying of the State of Michigan are being treated worse than second class citizens. The people of MI voted on Proposition 1 on 11/4/08. The vote passed in every single county in MI. Not one county was under 50%!

 

The law went into effect on 12/4/08. In April of 2009 they began issuing registration cards. Since that time MDCH has been taking an extremely long time issuing the cards.

 

The Law states that if a patient does not receive a denial letter after 20 days, the paperwork is to be used as a card until the actual card arrives. The problem with this is the cards are now taking MONTHS to arrive. Sick and dying people MUST wait MONTHS for their medicine.

 

Imagine waiting MONTHS for medicine for pain for your back. Imagine someone telling you, “We have a great new medicine that will help you get your appetite back!” “Oh, you only weigh 100 pounds?” “That is ok, your card will be here in a few months, you can eat then.” We don’t have to IMAGINE it’s happening to us!!!!!

 

Why are people having to wait months? Well, that is how long the state is taking to issue cards. If you don’t have a card several issues arise. First, No one wants to assist you without having a card proving they are your caregiver. Per the law, a patient can acquire their medication from any source. It’s the source that is unprotected. The source doesn’t want to go to jail. So, that leaves many sick people waiting for their cards without medicine. Secondly, it leaves many patients open to police harassment. Even those with their cards have had issues with the police. It should be an open and shut case. “You have a VALID card? Have a good day.”~~ End of story.

 

But that is not the case. This is not just a small issue. Let me explain why. The State is behind on issuing the cards from October. It is 1/28/10. As of April 2010, they will now have renewals to contend with. So DOUBLE the load! They have NO plans on hiring more help. We have heard rumors that the governor has said she only wants a limited (undisclosed)number of cards issued per day. Which is ABSOLUTELY insane! How does THAT keep patients off the front line?

 

It is NOT up to the State to decide IF we qualify. That is up to our doctors. The State is to be a robot accepting applications and issuing cards. They should NOT be making decisions on a number of cards per day, nor their personal opinions of the law.

 

Because of these opinions, and decisions I turn on the TV and see card carrying patients that had their medication taken from them. I know of quite a few court cases going on right now that are all different circumstances. But, the saddest part of the States neglect is that there are many caregivers that probably COULD help many of the patients that need medication, but because they don’t have their cards yet they are afraid! So the patients suffer.

 

Also, they keep using funding as a reason that cards are late. Well, Most of us had to pay a $100.00 registration fee. Some that are on SS or SSI may have had a $25.00 fee.

There have been 14,560 applications received since April 6, 2009.

7,831 patient registrations issued.

3,288 caregiver registrations issued.

2,485 applications denied -- most due to incomplete application or missing documentation.

 

That is a nice chunk of money!

 

The reason the people of MI voted in this law was because we believe in compassion. Something that the State does not have right now. It is my opinion that the State of Michigan is NOT upholding the will of the people.

 

What can we do and can you help us?

 

Sincerely,

Irishgreen<br clear="all">

 

 

Your Awsome! sorry about figer, he made his name pro bono from kervorkian. he dont need the common man any longer, lets make sure he dont become governor!

Peace!

Jim

[greenbuddha]

Greenbudda, I think AMA might be complacent with restricting this program. The AMA administers the coding of patient visits and procedures. And since they've been doing that, many physicians actually question whether the AMA is truly representing them so much as the insurance providers and pharmaceutical industry. This is still a new program with several things that still need to be worked out. Simply requiring more follow up care in and of itself would effectively restrict not only the patients who don't have insurance, but how many the physician sees. While that wouldn't mandate a 'cap', it would effectively result in one. There are many ways they could achieve the result they want, and they wouldn't have to take on the AMA in order to do it.

 

Although there are 20,000 plus patients and caregivers currently in the program in the state of Michigan. There needs to be a change, but we want to make sure we achieve the result we want, so the approach needs to be a careful one. Money. Politics. Votes. Surely someone has the voice to speak out for the program, the patients and the people, in a way that will promote positive change. A lobbyist that will represent the community in a positive light. We need to get someone going, who will research, find out who to talk to and how to elicit change and make a difference. We need to find out who the key people are and how to sway them. It could be as simple as influencing just one elected state official. This doesn't seem like such a great task as getting the law passed in the first place. Just my Humble Opinion

 

Again... just as your last paragraph indicates...

 

It goes back to... MONEY... POLITICS... and VOTES.

 

Lobbyists cost 'money'... 'politicians' are influenced by lobbyists AND money... AND VOTES.

 

So whom is this 'lobbyist that you have in mind?

 

Anyone everybody would know?

[greenbuddha]

Yes Lobbyists can cost money, how much I guess depend's on who it is...Some people may be willing to invest the time and effort, to stand up for what is right and for the entire Medical Marijuana Community, and the thousands of people still in need who could be helped by the benefit's of Medical Marijuana but are still afraid because of the Bullsh** going on. I think the right person would be someone with a real passion to provoke a change, and the knowledge to do so, like I said swaying just (the right one) ONE could make the difference. It is hard to argue the fact's and the evidence of the Medicinal capabilities of Cannabis- that is what the argument needs to be based on IMO.... Who is this person, I have no one in mind as of this moment...I like other's just have some thoughts on how to go about things, and what may work in accomplishing the goal's we all need and deserve to have accomplished. Many of the people who have suceeded in making change's in the law's in the past were driven not by money..but by a true passion, and what was right. This community is right, and now we need a voice to be heard!!! Just my thoughts, greenbuddah

 

 

I for one appreciate your passion, your efforts and your post.

 

Thanks.