Judge Chamberlain, once thought to be a fair and honest conservative, proved to be a simple “cog” for a wheel known as Isabella County last month when he summarily dismissed my family’s lawsuit against the same county that writes his paycheck…

For reasons known only to him, the Honorable Judge Chamberlain decided that law enforcement officers “DO” qualify for governmental immunity even after they have been alleged to having committing acts of Federal Crime!

I’m no lawyer but I have done my homework and know that a judge, particularly a “Chief Judge” is supposed to consider motions for summary disposition in a light most favorable to the “non-moving” party.

Here the “Moving Party” was the defendant Isabella County and the “Non-Moving Party” was my wife and I. Our allegations, and the basis of our complaint against Isabella County and the Isabella County Sheriff”s Department was and were that certain employed and elected members of that entity had carried out the unlawful eviction of my family and the seizure/theft of it’s contents without a shred of any legal justification.

What roll did the Sheriff Department play?

The house itself was purchased by my wife from a Sheriff Department employee on an unrecorded land contract who later decided to change her mind after we had been in the home for seven months and having made all payments as agreed. She listed the home with a Realtor and sold it out from under us without letting us know about any of the details like the date offered to the new third party buyer for possession.

Now obligated to transfer possession of our home to a third party, this Sheriff Department employee enlisted the help of a Sheriff Deputy to force us to vacate the property under threat of arrest. This collaborated effort on the part of two Sheriff Department employees to willfully and intentionally deprive myself and my family of our civil rights is a Federal Crime as defined in Title 18 U.S.C. §§ 241, 242.

While everybody knows that you can’t lock someone out of their home, here we had been locked out and kept out of our home by two government employees of the Isabella County Sheriff’s Department.

We left to avoid being arrested and I immediately went to the Sheriff Department looking for what should have been a simple and immediate solution.

After explaining what had happened to the second in command, the Under-sheriff, the meeting eventually came to the conclusion, after it was adamantly suggested that the department had done nothing wrong, that I should be able to get my house back if I could prove that my family had not been evicted. The Under-sheriff had claimed that that information was directly from the prosecutor, Larry Burdick.

DUH! Came to mind but I didn’t say that.

So then I head back to my house and rolling up I see the sheriff department employee and her boyfriend taking armloads of my family’s personal property out of our house. I stop short of the property as to not cause confrontation and wait for the deputy to return.

The deputy shows up and I explained what I saw and asked the deputy to look in the back of the boyfriends truck. Instead, he demands that I remove myself and my vehicle from the property again threatening my arrest.

Once again, I complied to avoid arrest.

The the Deputy allows his co-worker’s boyfriend to leave the property with a truckload of stolen property to get eviction paperwork that does not exist. He returned to the property with no paperwork and driving a different vehicle.

Here the deputy allowed his co-worker and her boyfriend to leave the scene with stolen property. The deputy claims this all to be a civil matter after having facilitated in the theft of property while denying us a police report.

The proof is in the detail. Our initial call to 911 was “HELD” for over an hour while the SD employees worked out their plan. Deposition testimony admits to the planning and taking of the personal property that was in our home.

but still… The Honorable Chief Judge Chamberlain simply dismisses the lawsuit against Isabella County.

Additionally, and in the same dismissal order, the Honorable Chief Judge Chamberlain also res-erects a default earned against the boyfriend by setting aside our earned default and simultaneously granting his motion for summary disposition dismissing him from the suit.

Can you say “Kangaroo Court”?

In the court file is a picture of the boyfriend, “Robert Wheeler” in our home without permission or authorization that is time and date stamped on the day the looting of our home began.

BUT… We can’t have a default against the boyfriend while dismissing everyone else so his standing in the case is restored despite the default judgment against him and despite any legal standing for setting aside his default and he is dismissed along with everyone else in the same opinion and order.

How hard is it really to get schooled in court when the court doesn’t follow it’s own rules?

Shame on you Chief Judge Chamberlain! My faith in your character was sorely misplaced.

Seriously people! Why didn’t you just send me a letter stating that, even though you represent the law and the judicial system, there was no way in hell that one little man was going to upset your crooked balance.

It’s one thing to run into one stupid cop that is doing something stupid but it is all together a different thing when the system bends completely inside out trying to defend stupid to avoid liability for having been stupid.

But the STUPID doesn’t stop there!

Later the same day I am arrested for MISUSE OF 9-1-1 ! ! !

The Isabella County Sheriff’s Department facilitates in my family’s unlawful eviction without a court order and facilitates in the conversion / theft and flight of the contents of my family’s home and then I am arrested.

These aren’t simply allegations. This is all entirely substantiated in all of the court records. The Sheriff Deputy spent much of his day on September 27, 2010 at my house on three different occasions and the only police report is the one written for my arrest and it is full of lies. It lies about the number of times that I called 911. The police report itself shows calls made by other people.

The only warning I received on that day that I should be using the non-emergency number  for my emergency was during my last call to 911 and it came from the dispatcher and not the arresting officer. After receiving the suggestion, I offered to call back on the other line and was informed that it was ok because they weren’t busy. While I was on the line with dispatch and during my last call using the 911 number, my arresting officer called my wife and told her to tell me not to use the 911 number again or he was going to arrest me.

After the suggestion from dispatch and the only warning from the arreting officer delivered to me through my wife who was sitting next to me in my truck, I never did call again using the 911 number but was still arrested.

From what I now understand, the decision to arrest me was the officer’s call. He could have warned me and he could have written me a citation but he chose to take me into custody, booked me into the jail where I was forced to stay the night.

My family lost our home and it’s contents and I was jailed for calling 911 so that a sheriff department employee could turn over possession of our home to a third party buyer by September 30, 2010 and the Honorable Chief Judge Chamberlain refuses my family the right to complain?

The horror of this situation is overwhelming to say the least. This is the kind of thing that people just can’t allow themselves to believe could actually happen. If everyone in Isabella County were to come to understand the truth of this matter and the way the administrators and elected officials have chosen to handle this matter, there would be a revolt and there should be a revolt.

Crime in our county is not going to stop and we need to stop convicting our criminals with criminals that hold themselves out and above the law.

 

 

 

 

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