You are on page 1of 13

STATE OF MICHIGAN

IN THE COURT OF APPEALS

BEVERLY TRAN,

Relator, Case #:

v. JURY REQUESTED

VERLIE RUFFIN,
OMBUDSMAN OF THE OFFICE
OF CHILDREN’S OMBUDSMAN,

Respondent.

BEVERLY TRAN, Michael A. Cox


In Pro Per Attorney General
8437 Lumpkin
Hamtramck, MI 48212 Thomas L. Casey (P24215)
313-522-8213 Solicitor General
batran@wayne.edu
Michigan Department of Attorney General
Attorney for Respondents
535 Ottawa St.
Lansing, MI 48909
517-373-7700

APPLICATION FOR WRIT OF PEREMPTORY MANDAMUS AND DEMAND


FOR DAMAGES

ORAL ARGUMENT REQUESTED

NOW COMES, Beverly Tran, in pro per, Relator in the above-captioned matter,

respectfully brings forth unto this Honorable Court this Application for issuance of Writ

of Peremptory Mandamus, pursuant to MCR 3.305, to compel Verlie Ruffin, (hereinafter

named “Respondent Ruffin”), Ombudsman of the Office of Children’s Ombudsman

(OCO), to perform her ministerial duty to immediately report of violations of state or

federal law to the counties prosecutor or the Attorney General, and asks this Court for

declaratory, exemplary, and punitive damages.

Page 1 of 13
RELEVANT STATUTORY SCHEME

Per the Children’s Ombudsman Act 204 of 1994, MCL 722.927 § 7(4) in relevant
part:

722.927 § 7.(4) If the ombudsman finds in the course of an investigation


that an individual's action is in violation of state or federal criminal law,
the ombudsman shall immediately report that fact to the county prosecutor
or the attorney general. If the complaint is against a child placing agency,
the ombudsman shall refer the matter to the department for further action
with respect to licensing.

JURISDICTION

Jurisdiction is proper pursuant to MCL 600.4401 § 1.

PARTIES

Relator Tran, is a citizen of the State of Michigan and complainant to the Office

of Children’s Ombudsman under MCL 722.922 § 2(i) as provided in § 5(b).

Respondent Ruffin, Director of the OCO, was appointed by Governor Granholm

as the State Children’s Ombudsman on January 30, 2006, whose empowering authority is

found in the enabling Public Act 204 of 1994.

Respondent Ruffin may be served, pursuant to MCR 2.105, at her principle office

at 124 W. Allegan St., Suite 100, Lansing, MI 48909.

FACTUAL ALLEGATIONS

1. On or about January 1, 2004, Relator Tran, after exhausting all administrative

remedies, filed first complaint to the OCO to investigate violations of law and

policy.

2. On or about March 1, 2004, Relator Tran was denied initiation of investigation for

violations of law and policy by the OCO.

Page 2 of 13
3. On or about October 10, 2005, Relator Tran filed second complaint to the OCO to

investigate violations of law and policy.

4. On or about January 9, 2006, Relator Tran was denied initiation of investigation

for violations of law and policy by the OCO.

5. On or about January 10, 2006, Relator Tran filed third complaint to the OCO to

investigate violations of law and policy.

6. On or about January 11, 2006, the OCO initiated investigation for violations of

law and policy.

7. On or about September 11, 2006, Respondent Ruffin reported investigative

conclusions of [sic] “ extensive violations of law and policies” to Petitioner Tran.

8. On or about March 17, 2007, Respondent Ruffin closed Petitioner Tran’s case

without reporting violations of law and policy to counties prosecutor or Attorney

General.

9. On or about February 21, 2007, Petitioner Tran presented testimony in front of the

House of Representatives Subcommittee on Children and Families about the OCO

of the failure to report violations of law and policy to counties prosecutor or

Attorney General.

10. On or about January 2, 2009, Relator Tran filed complaint for investigation as a

proximate cause of failure to report violations of federal and state laws and

policies to counties prosecutor and Attorney General.

11. On or about January 15, 2009, Respondent Ruffin responded, that, [sic] “The

OCO will continue to work to improve the child welfare system in ways that are in

keeping with our legal authority.”

Page 3 of 13
12. As of January 15, 2009, Respondent Ruffin continues to be grossly negligent in

performing her ministerial duties to immediately report violations of state and

federal law to counties prosecutor or the Attorney General who have authority to

investigate violations of law and policies in matters of child welfare.

13. Wayne County is the only county in the State where the Attorney General

possesses the responsibility to investigate violations of law and policies regarding

matters of child welfare.

14. Respondent Ruffin has never reported violations of state or federal law to the

counties prosecutor or the Attorney General.

15. Respondent Ruffin’s actions and/or inactions are woefully negligent, malfeasant

and misfeasant under the color of enabling law, P.A. 204 of 1995, of the State of

Michigan.

15. Respondent Ruffin has knowingly and willfully failed to execute her ministerial

duties of the OCO to immediately report violations of law to counties prosecutor

or Attorney General, causing Petitioner Tran pain and suffering.

16. Respondent Ruffin has knowingly and willfully failed to execute her ministerial

duties of the OCO to immediately report violations of law to counties prosecutor

or Attorney General to improve the child welfare system.

17. Upon information and belief, and for the reasons stated above, Petitioner Tran

alleges that Respondent Ruffin’s failure to execute her public duties as the State

Children’s Ombudsman, to refer to the Attorney General is to “cover-up” federal

false claims committed by individual state agents, individuals of the counties, and

individuals of privately contracted agencies of the State.

Page 4 of 13
18. Upon information and belief, and for the reasons stated above, Petitioner Tran

alleges that Respondent Ruffin’s failure to execute her public duties as the State

Children’s Ombudsman, to refer to the counties’ prosecutor is to “cover-up”

federal false claims committed by individual state agents, individuals of the

counties, and individuals of privately contracted agencies of the State.

19. Lastly, that Relator Tran has no other specific legal remedy, and cannot have

adequate legal relief without the aid of the people’s Writ of Peremptory

Mandamus to compel Respondent Ruffin to immediately report violations of state

or federal law to counties prosecutor or Attorney General, by the interposition of

this Honorable Court.

PRAYER FOR RELIEF

WHEREFORE, Petitioner prays judgment against Respondents as follows:

For the issuance of Writ of Peremptory Mandamus lies to compel Verlie Ruffin,

to perform her ministerial duty to immediately report of violations of state or federal law

to the counties prosecutor or the Attorney General, and that such other order may be had

in the premises as justice may require;

For punitive damages according to proof, in consideration of Respondents’

arbitrary and unlawful exercise of discretion in her failure to execute a statutory duty to

immediately report violations of state or federal law to the counties prosecutor or

Attorney General owed Petitioner;

For exemplary damages according to proof; and,

Page 5 of 13
For such other and further relief as this Court may deem proper, including

damages for intentional infliction of emotional and pecuniary distress resulting from

Respondent Ruffin’s failure to immediately report the violations of state or federal law

and policies to the Attorney General.

Respectfully submitted, this 28th day of April, 2009.

__________________________

Beverly Tran

8437 Lumpkin

Hamtramck, MI 48212

313-522-8213

batran@wayne.edu

Page 6 of 13
VERIFICATION

I, Beverly Tran, Petitioner, have read the foregoing and know the contents,
thereof. The same is true of my own knowledge, except as to those matters that are
therein alleged on information and belief; and, as to those matters, I believe it to be true.
I declare under penalty of perjury that the foregoing is true and correct.

STATE OF MICHIGAN )
ss
COUNTY OF _______________)

Subscribed and sworn to before me on __________________day of


________________, 2009 in __________County, Michigan.

My Commission expires:
_________________________Signature:_______________________________
Date Deputy Clerk/Notary Public

____________________________ _______________________
Beverly Tran DATE

Page 7 of 13
STATE OF MICHIGAN
IN THE COURT OF APPEALS

BEVERLY TRAN,

Petitioner, Case #:

v. JURY REQUESTED

VERLIE RUFFIN,
DIRECTOR OF THE OFFICE
OF CHILDREN’S OMBUDSMAN,

Respondent.

RELATOR’S EX-PARTE MOTION AND ORDER TO SHOW CAUSE

Beverly Tran hereby declares:

1. I am Relator in the above-captioned matter;

2. Respondent VERLIE RUFFIN fails to perform her ministerial duty to

immediately report of violations of state or federal law to the counties

prosecutor or the Attorney General.

3. Respondent Ruffin has knowingly and willfully failed to execute her

ministerial duties of the OCO to immediately report violations of law to

counties prosecutor or Attorney General, causing Petitioner Tran pain and

suffering.

4. Respondent Ruffin has knowingly and willfully failed to execute her

ministerial duties of the OCO to immediately report violations of law to

counties prosecutor or Attorney General to improve the child welfare system.

5. There is a need to proceed by order to show cause rather than by noticed

motion to improve the child welfare system.

Page 8 of 13
I declare under penalty of perjury under the laws of the State of Michigan that the

foregoing is true and correct.

_______________________ _______________________

Beverly Tran Date

Page 9 of 13
STATE OF MICHIGAN
IN THE COURT OF APPEALS

BEVERLY TRAN,

Relator, Case #:

v. JURY REQUESTED

VERLIE RUFFIN,
DIRECTOR OF THE OFFICE
OF CHILDREN’S OMBUDSMAN,

Respondent.

ORDER TO SHOW CAUSE ON APPLICATION FOR MANDAMUS

On reading the petition of Relator and on ex-parte motion of Relator, good cause

appearing, it is ordered that Respondent Ruffin show cause before said Court of Appeals

located at _______________, on April _____, 2009, at ______, to give any legal reason

why the issuance of the Writ of Peremptory Mandamus requested by Relator Tran should

not be made by this Court requiring Respondent Ruffin to immediately report violations

of state or federal law to the counties prosecutor or the Attorney General.

IT IS FURTHER ORDERED that a copy of this order together with a copy of

said petition be served on Respondent Ruffin on or before the _______________ day of

__________ A.D., 2009

_____________________________ _______________________

Judge(s) Date

____________________________

Clerk

Page 10 of 13
STATE OF MICHIGAN
IN THE COURT OF APPEALS

BEVERLY TRAN,

Relator, Case #:

v. JURY REQUESTED

VERLIE RUFFIN,
DIRECTOR OF THE OFFICE
OF CHILDREN’S OMBUDSMAN,

Respondent.

ORDER FOR ALTERNATIVE MANDAMUS ON PRESENTATION OF


PETITION

On reading the petition of Relator Tran and on ex-parte motion of Relator Tran,

good cause appearing, it is ordered that an Alternative Writ of Mandamus issue to and

under the seal of this Court directed to the said Respondent Ruffin commanding her

forthwith to immediately report violations of state or federal law to the counties

prosecutor or the Attorney General or that the Respondent Ruffin show cause before said

Court on _________day of ____________, A.D., 2009, why a Peremptory Writ of

Mandamus should not be issued out of said Court requiring the Respondent Ruffin to do

said act.

IT IS FURTHER ORDERED that a copy of this order, together with the

Alternative Writ of Mandamus herein authorized, and a copy of the said petition be

served on Respondent Ruffin on or before the ________day of ____________, A.D.,

2009.

_________________________ ____________________________
Judge(s) Date

Page 11 of 13
STATE OF MICHIGAN
IN THE COURT OF APPEALS

BEVERLY TRAN,

Relator, Case #:

v. JURY REQUESTED

VERLIE RUFFIN,
DIRECTOR OF THE OFFICE
OF CHILDREN’S OMBUDSMAN,

Respondent.

ALTERNATIVE WRIT OF MANDAMUS

In the name of the People of the State of Michigan,

To Verlie Ruffin, Michigan Children’s Ombudsman

GREETING TO ALL:

WHEREAS, it has been ordered with good cause that Respondent Ruffin is to

perform her ministerial duty to immediately report violations of state or federal law to

counties prosecutor or Attorney General as by the complaint of Beverly Tran, Relator, we

have been given to understand, we, therefore, being willing that speedy justice should be

done in this behalf, do command and firmly enjoin you that, immediately after receipt of

this Writ, you do immediately report violations of state or federal law to the counties

prosecutor or Attorney General or that you signify the cause why you cannot or will not

do the act above commanded, before our Court ___________day of _____________,

A.D., 2009 at __________o’clock.

_________________________ ____________________________
Judge(s) Date

_____________________________
Clerk

Page 12 of 13
STATE OF MICHIGAN
IN THE COURT OF APPEALS

BEVERLY TRAN,

Relator, Case #:

v. JURY REQUESTED

VERLIE RUFFIN,
DIRECTOR OF THE OFFICE
OF CHILDREN’S OMBUDSMAN,

Respondent.

PEREMPTORY WRIT OF MANDAMUS

In the name of the People of the State of Michigan,

To Verlie Ruffin, Michigan Children’s Ombudsman

GREETING TO ALL:

WHEREAS, it has been ordered with good cause that Respondent Ruffin is to

perform her ministerial duty to immediately report violations of state or federal law to

counties prosecutor or Attorney General as by the complaint of Beverly Tran, Relator, we

have been given to understand, and which complaint we have adjudged to be true, as

appears to us of record, we, therefore, being willing that speedy justice should be done in

this behalf, do command and firmly enjoin you that, immediately after receipt of this

Writ, you do immediately report violations of state or federal law to the counties

prosecutor or Attorney General.

_________________________ ____________________________
Judge(s) Date

_____________________________
Clerk

Page 13 of 13