STATE OF MICHIGAN IN THE COURT OF APPEALS BEVERLY TRAN, Relator, v.

VERLIE RUFFIN, OMBUDSMAN OF THE OFFICE OF CHILDREN’S OMBUDSMAN, Respondent.
BEVERLY TRAN, In Pro Per 8437 Lumpkin Hamtramck, MI 48212 313-522-8213 batran@wayne.edu Michael A. Cox Attorney General Thomas L. Casey (P24215) Solicitor General Michigan Department of Attorney General Attorney for Respondents 535 Ottawa St. Lansing, MI 48909 517-373-7700

Case #: JURY REQUESTED

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.

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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.

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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.”

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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.

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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,

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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

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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

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STATE OF MICHIGAN IN THE COURT OF APPEALS BEVERLY TRAN, Petitioner, v. 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. 2. I am Relator in the above-captioned matter; 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. Case #: JURY REQUESTED

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I declare under penalty of perjury under the laws of the State of Michigan that the foregoing is true and correct.

_______________________ Beverly Tran

_______________________ Date

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STATE OF MICHIGAN IN THE COURT OF APPEALS
BEVERLY TRAN, Relator, v. VERLIE RUFFIN, DIRECTOR OF THE OFFICE OF CHILDREN’S OMBUDSMAN, Respondent. Case #: JURY REQUESTED

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

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STATE OF MICHIGAN IN THE COURT OF APPEALS
BEVERLY TRAN, Relator, v. VERLIE RUFFIN, DIRECTOR OF THE OFFICE OF CHILDREN’S OMBUDSMAN, Respondent. Case #: JURY REQUESTED

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

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STATE OF MICHIGAN IN THE COURT OF APPEALS
BEVERLY TRAN, Relator, v. VERLIE RUFFIN, DIRECTOR OF THE OFFICE OF CHILDREN’S OMBUDSMAN, Respondent. Case #: JURY REQUESTED

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, v. VERLIE RUFFIN, DIRECTOR OF THE OFFICE OF CHILDREN’S OMBUDSMAN, Respondent. Case #: JURY REQUESTED

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