[nfbmi-talk] recieved from my state senator

joe harcz Comcast joeharcz at comcast.net
Mon Nov 1 21:49:34 UTC 2010


I made a request for pending litigation before going to Philly from my State Senator, Debora Cherry. I received this as a Word document upon my return.

By the way while unable to attend the State convention I was able to listen to all of the Saturday and sunday sessions. Great job by one and all!

Peace,

Joe
attachment:
Michigan Commission for the Blind

 

Pending Litigation:

 

Robin Hill, Pamela Cruell, Jacole Kelly, Deonne Pegeus, and Leslie Turner, Plaintiffs, v. Commission for the Blind, et al   The plaintiffs are former employees of Thomas Kent, dba B W Express vending, a Business Enterprise Program licensee of the Commission for the Blind.  The Plaintiffs allege violations of the Elliott-Larsen Civil Rights Act, in addition to negligence, and intentional infliction of emotional distress.  The threshold issue in this litigation is whether or not the legal relationship between the Commission for the Blind and Kent was an employer/employee relationship.  Case evaluation occurred and case evaluators preliminarily recommended an award of $500,000 to the plaintiffs.  The Commission is currently not in favor of such a settlement, and the precedent it could establish, and the deadline for making a decision regarding the case evaluation is in early November.  In the interim, depositions of the plaintiffs will be taken to aid in the determination to accept the case evaluation or to proceed with the litigation process.  

 

Terry Eagle, Plaintiff, v. Patrick D. Cannon, individually and in his official capacity, Jo Ann Pilarski, individually and in her official capacity, Constance Zanger, individually and in her official capacity, James Hull, individually and in his official capacity, Cheryl L Heibeck, individually and in her official capacity, and Gary Kosch, individually.   Plaintiff (who is representing himself) alleges the Commission violated the Randolph-Sheppard Act, discriminated against the plaintiff in training and licensing, violated the Plaintiff’s 14th Amendment rights, alleges pendant state law claims, failure to supervise, conspiracy to violate Plaint’s [sic] rights, and requests $400,000 in compensatory damages and $2,500,000 in punitive damages.  On behalf of the Commission, the A G filed a motion to Dismiss. Because the Defendant’s Complaint was not clear and subject to many defenses, the Judge is allowing the Plaintiff one opportunity to amend his Complaint.  The Judge dismissed Defendants' Motion to Dismiss without prejudice and allowed MCB to bring another Motion to Dismiss after the Plaintiff files his amended Complaint.  Plaintiff has 14 days to file his amended Complaint.  Defendant then has 28 days to file a motion or answer.  As of this writing, the Commission is not aware of an amended complaint filed by the Plaintiff.

 

National Federation of the Blind (NFB) of Michigan vs. Commission for the Blind  Plaintiff alleges the closed session of the Commission Board held May 3, 2010, was conducted illegally.  Plaintiff is suing  to retrieve the audio recording and minutes of the closed meeting.

 

Also, although not yet in litigation, two employees, David Robinson of Lansing and Christine Boone of Kalamazoo, were terminated from their employment with MCB in December 2009 and February 2010, respectively. Although unrelated to their dismissals, each is a member of the National Federation of the Blind of Michigan (NFBM), a blind consumer organization.  NFBM has staged a number of protests and demonstrations over the past several months in Lansing and Kalamazoo, sometimes with TV and print media coverage, in which NFBM members protest the terminations and present their objections to the dismissals. 

 



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