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Thursday, October 23, 2008
Blacklisted Engineer watch my video on youtube search billbutler
http://www.youtube.com/watch?v=H_bqrNZL7YA
Blacklisting a Mechanical Engineer ……..here is my story!
Background
I was born in small town in Massachusetts with a big name, you might have heard of it, Concord. You know where we fought the British to gain our freedom from England in 1776. It was a cold winter afternoon when my mother went into labor on December 31, 1953. Everything went well so they tell me. I grew up in one of the neighboring towns called Maynard where we lived away from the crowded center. My schooling years were normal, except my parents said that there would not be any funds to send me to college. I then decided to take the industrial arts curriculum. I finished high school in 1971 and went to work for the Brunswick Corporation as a janitor, soon to change to maintenance mechanic. My supervisor was an inspiration to me. I liked his job so I decided to go to night school in Boston to obtain my college prep classes at night. I remember my first night of class I was so excited, I was finally beginning the long road to becoming a mechanical design engineer. After attending Newman Preparatory school for one year in the evenings I was prepared to enter Wentworth Institute of Technology for two years during the days to receive my associate degree in mechanical design engineering technology. I obtained employment at Pratt & Whitney as a draftsperson soon to be changed to a design engineer assistant. I was also determined to receive my full degree in engineering so, I attended the University of Hartford in the evening, after six years I received a bachelor�s degree in mechanical engineering (BSME).
In the engineering field it is a well known fact that if you are in a company for a long period of time and you are not an engineer, it is very difficult to make the transitition to engineer since all the managers still think your not. In general it is better to move to another company and start as an engineer. Now is the time to jump ahead and get to the real meat of my story.
The Dismissal……..
I was hired as a contract engineer by a division of Compuware now known as Professional Services to work at Chrysler as a mechanical design engineer on 05/92. I was responsible for the design of the 2000 neon pcv system. It was the best design of my career. I had managers from different departments at my desk wanting me to explain how it worked. My overall performance review stated I was an excellent employee; I even got a pay raise.
Here is my theory on what happen. Inside the plastic valve cover of the 2.0L SOHC engine there is a steel baffle plate it is attached to the plastic valve cover with screws threaded into the plastic valve cover. I was concerned that with the vibration of the 4 cylinder engine, the screws back out and fall into the engine. I confronted the engineer, his supervisor, the supplier of the baffle and my Chrysler supervisor Steven Gorgas with my concern.
Everything at this point seemed to be going down hill. I couldn�t do anything right any more, my Chrysler supervisor was always yelling at me. I remember I had to go on a trip to Canada to test my design in the cold weather. I had no credit card to secure the hotel room. I asked my Chrysler supervisor to secure the hotel room on his corporate credit card and that I would pay cash for the hotel when I got to Canada. He said no, he did not trust me. I did not want to fly to Canada and not have any place to stay. It was -37 deg F outside up there. He took me out into the atrium away from everyone and told me if I didn�t go on this trip Chrysler would be looking for an engineer to replace me. I was in shock. I called the hotel again and talked to the manager, explaining my position and he said he would hold the room for me
Steven Gorgas left for a different department his replacement was an employee Nancy Khamseh. I guess he recommended her for the position. Things were ok but you had to be real careful what you said and did. I recall one of the several times she got upset with me. In the auto design world the companies like to use a part in as many applications as they can because it saves them money. An engineer in Jeep/Truck decided to use the valve cover and PCV valve I designed for the Neon without contacting me. She ran into problems. Nancy (Now my Chrysler supervisor) asked me to go to Jeep/truck to look at the situation and if I could offer some help if I could. I naturally said yes. I found that the engineer was using the parts in an application that they weren�t. The valve was designed for a horizontal position she has in a vertical position and the location of the valve on the valve cover was change which is important due to internal features. I stated this to Nancy and she said to me what is the matter are you afraid of a women engineer can design something better that you. I said what did you say and she repeated again. I said wow softly and return to work. I just wanted to drop the issue. Later I had the valve flow by the supplier in the vertical and horizontal position and showed Nancy the difference. She said ok and I thin she brushed it off. I wondered what damage was done.
My second year anniversary came up and they did not inform me of my performance review. I was afraid to ask not knowing what was happening behind the scenes. Finally three months later, I was told by my contract supervisor that on Friday at 3:00pm October 31, 1998 there would be my performance review. I went to the meeting and within minutes he informed me that the contract ended and they were not renewing it. He then began to tell me the reason, I immediately stopped him because I new it would be a lie. He then stated I should collect my personal effects and was worried about the return of the Chrysler pager that was loaned to me. I forgot it at home that day. I returned the pager and had trouble collecting vacation pay the contractor owed me, I finally did get it.
I believe that my downfall was planned because it is cheaper to get rid of me instead of fixing the design. The cost of tooling and more importantly the time to change the design was gone production was right around the corner.
After a year went by I contacted my supervisor Dave Sthal at Professional Services to find out why I was dismissed. I was right, he lied. He stated I was dismissed because the quantity of my work was low. I kept in touch with my fellow colleagues and they all stated that I was replaced by two engineers….
The job search………
I left Michigan returning east to New England, the region was booming in 1998. It seemed like everyone was looking to hire an engineer, I was overwhelmed with joy. I resided with my sister and her husband sleeping on her couch.
For the next ten months I searched the internet every morning and afternoon using search engines to name a few, Monster.com, Hotjobs.com, and many others. I received 8 interviews; the first was with a solid company known as Pratt & Whitney in East Hartford, CT. I obtained an interview through a local recruiter named the Mullings group, just a minute I never new where the recruiter was located, all I had was a telephone number, a fax number and an email address. Anyway I went to the interview I was told to check into the holiday inn located in East Hartford. They stated that Dave Lybass, the manager of the group, was going to meet me for dinner the night before the interview, he never showed. I didn�t know what to think. Was Dan MacInnis going to meet me at 7:00 am the next day or not, it was too late to call the recruiter. Well the next morning arrived and Dan did show up. The day went well, I felt really good about the interview and Dan reassured me that the chances were quite good. Well some time went by and the answer came back from the recruiter. He stated they loved you on the interview but, there will not be any job offer because you have no technical background. I was in shock when I heard this. You see before I left for Michigan, as I mention in the background of my story, I worked at Pratt & Whitney for nine years. The day of the interview I met a lot of my old work colleagues; I even knew some of the people I interview with…I lost this job, I tried to work with this recruiter to obtain other jobs but he would not answer my calls, return my calls or even answer my emails. I, at this point, I just did not know what was going on.
My second interview was with Combustion Components in Monroe, CT. Barbara Hurley was the main contact there. The interview went well; I wasn�t trained in their computer graphics program. John Hurley the manager/owner said not to worry that I could be trained. I met Barbara Hurley for lunch; we went to a nearby seafood restaurant. We had a wonderful lunch, we talked about everything my life, all my interests, and yes we even talked about dating. We return to the plant and just before we entered office she stated, she could remember the last time she enjoyed interviewing a candidate as she enjoyed interviewing me. I located an art store in a nearby town and asked Barbara how to get there. She photocopied a map and gave me directions. I thanked her and went on my way. Some time went by and I called her to follow up on the job offer and she asked me for some references I gave her some. She then stated in a later conversation Ford gave you a good reference what happen at Chrysler. I told her I didn�t quite know, I thought it was a cost reduction since they replaced me with an entry level engineer. I didn�t get the job. At this point it was time to find out what Chrysler and Compuware�s Professional Services were saying about me. I decided to hire a private investigator (see the next paragraph for details). There were other interviews that were unsuccessful, some where I told them what these two companies did to me and they looked at me wondering what I did for these two companies to do this to me. Other companies found out by themselves.
The private investigator……
I was living in Massachusetts in the Red Roof Inn at the time, my sister had enough of me sleeping on the couch. One afternoon I visiting my niece in Worcester, talking about the situation and I decided to scan the yellow pages to find a private investigator. I came across Trace Investigation Services. I met with Tim Lampron in the parking lot of local shopping center and discussed the details. He stated that his office has a separate phone line and fax in case the company he was calling had a caller ID. His plan was to call over a period of a week at different times of the day to talk to different people in human resources. He contacted MIS International (bought by Compuware and renamed Professional Services), Compuware, and Chrysler�s contract division. They all stated they had no record of my employment. This makes me a lair on every interview because when the companies call Chrysler and Compuware�s Professional Services to verify my employment, they believe Chrysler and Compuware�s Professional Services instead of me. I contact Tim Lampron after I filed my lawsuit and he was very cross with me, it was like he never wanted to speak to me again, I do know why.
THE LAWSUIT
Both companies were brought into the lawsuit because, Compuware�s Professional Services is a supplier of contract engineers to Chrysler and in the supplier/customer world the supplier simply does what the customer wants or the supplier no longer is the supplying engineers to Chrysler.
The attorney at law
At first it was difficult to locate a lawyer. I talked to a firm in Worcester, MA and they said that it would cost an extreme amount of money up front, I think he said 100,000 so that was it. After a little thought I decided to locate a lawyer in Michigan. I located a Richard A. Meier of Farmington Hills, Michigan. He sent a contract that I had to, sign and with a $1500.00 check he would start working on the case. He also asked me to send him any paper work I might have. Since I move to Massachusetts, mistaking my pay check stubs got buried in a box or they got tossed in the move. I sent him a W2 form, a printout from social security computer file, and a copy of my Chrysler contractor ID badge. All proving that I did work there. He contacted Chrysler and Compuware�s Professional Services and they all told that they had no record of that employee. He filed the complaint in Oakland County Circuit Court.
It seemed as time went on he lost interest in the case. He never contacted my private investigator, any of the companies that I interview with, or the newspaper reporter. A one point it was hard to even call him on the phone. I contacted another lawyer to review what he had done He got upset and said that he would surrender the whole case to her. She was worst than him, it would be like I was jumping out of the pan into the fire so, I stayed with him.
Judge Kuhn let the case go to mediation he sent one of his associates as a matter of fact he didn�t even have a copy of the witness Ms. Hurley �s affidavit. I had to get a copy from the defense attorneys. When I found out she said she never called the defendant companies, I asked to get a copy of her company�s phone records. He stated that they probably won�t be available. I told him I would check to see if the were. They were available but I would need a subpoena. He did send one to AT&T in Connecticut. I few weeks went by and I called for the results he said that they would probably not honor his subpoena since it was not based in Michigan. I called AT&T and they were going to mail it in a week. They came in and He called the numbers and discovered that one call was to my Ford supervisor and one was to Chrysler personnel. I managed to get an article in the Westland Observer newspaper which turn out be another witness. He never gave it to the defense attorneys. It was like nobody was doing anything on my case and I was jobless and homeless. I complained to the court about the judge and he said complain once more and the judge will dismiss the case. Well in the two years I work with him he called me for the first time telling me that the Judge Kuhn dismissed the case. I asked him about an appeal and he said $3500.00 first. Since I was homeless and unemployed I simply did not have the money. I called the Michigan court of appeals and they said I could appeal it without a lawyer. Well I appealed it to Michigan Court of Appeals, Michigan Supreme court and took it to Federal District Court in Detroit, Federal Court of Appeals in Cincinnati and Supreme Court of the United States in Washington D.C. all without a lawyer. They all said no in one form or another.
the list of defense attorneys...
Chrysler Compuware dba Professional Services
In Oakland County Circuit Court
Judith E. Caliman (P43526) John J. Ronayne lll (P23519)
In 50th District Court
William McCandless (P33669) John J. Ronayne lll (P23519) L. Jean Benoit
In Michigan Court of Appeals
Judith E. Caliman (P43526) John J. Ronayne lll (P23519)
Leon Hardiman (P45146) Brandon K. Buck (P63152)
William McCandless (P33669)
Alexander B Jarowyj (P48773)
In Michigan Supreme Court
Judith E. Caliman (P43526) John J. Ronayne lll (P23519)
Leon Hardiman (P45146)
Alexander B Jarowyj (P48773)
William McCandless (P33669)
In United States District Court
Richard M. Tuyn (P29091) John J. Ronayne lll (P23519)
In United States Court Of Appeals
Richard M. Tuyn (P29091) John J. Ronayne lll (P23519)
Kristin R. Binkley (P59275) Elise N. Reed (P52816)
In Supreme Court of the United States
Richard M. Tuyn (P29091) John J. Ronayne lll (P23519)
(248) 593-6400 (734) 416-1780
That is a total of ten different defense attorneys what can I say?
the newspaper reporter….
Too help speed up the case and obtain another witness I was able to place the story in the Westland Observer newspaper. Julie Brown wrote the article stated the following: Observer calls yielded similar results, with Joni Dewan of Compuware human resources saying there is no record of such an employee. Barbara Maher of public relations ay DiamelerChrysler said it would be necessary to have a supervisor�s name to verify employment, and suggested contacting the contract employer. Julie Brown printed the article on Sunday September 17, 2000 and asked me to keep in touch with her because she wanted to do a follow up article. I tried contacted her by leaving phone messages and writing her emails. She refuses to respond, why?
the witness….
Ah the Witness Barbara Hurley you might remember her from the job search chapter, I interviewed with her in Combustion components in Monroe, CT. She stated to me on the phone Ford gave you a good reference what happen at Chrysler. I identified her to my lawyer as a potential witness for me and before I knew it she was providing an affidavit on the behalf of the defense attorneys to be submitted during mediation. The following is what she stated:
1. On statement 7 of her affidavit Ms. Hurley states she was never told by MIS International (renamed Professional Services by Compware Corporation) that Mr. Butler had not been their employee. I could not prove this wrong by her phone records however she could have call from a cell phone or some other phone.
2. On statement 8 of her affidavit Ms. Hurley states she was never told by Chrysler Corporation that Mr. Butler had not worked at Chrysler. I contacted AT&T and thru the phone records pg the phone number 203-268-3139 Acct No 020 681 6872 001 Item 96 is a call to Chrysler personnel. This was verified by my attorney R. Meier. She lied under oath in the state of Connecticut.
3. On statement 9 of her affidavit Ms. Hurley states the decision to not offer employment to Mr. Butler was made by senior engineering based upon:
a) His perceived technical ability;
b) His salary expectation
c) The expenses that would incurred in relocating him
d) A former employee was seeking to return to work. The former employee had
favorably impressed Combustion Components and was qualified for the position.
I felt they were quite impressed with my ability since Mr. Hurley offered computer training to me during the interview and with Ms. Hurley positive reinforcement at lunch stating she couldn�t remember the last time she enjoyed interviewing a candidate as she did me. Why would she ask me for references when I called if I had no technical ability. She should have just said a former employee was returning.
Mr. Hurley asked me what my expected salary would be, I stated 60,000/yr he replied that would not be a problem he did not even hesitate when he responded.
I was living in Massachusetts with everything I own was in storage. The cost of moving it would be minimal. Everything was still in boxes since I just moved it all from Michigan myself. Since she lied about not calling Chrysler how do you know if these weren�t lies too we don�t.
When Judge Kuhn pushed the case to district court a telephone deposition was taken under Judge Brown it lasted 10 minutes wow! I couldn�t prepare my attorney on what questions to ask because I never new about the deposition until it was over…how come?
Again Ms. Hurley states on page 8 line 12 of her deposition, I never talked to Chrysler. On line 14 she repeats herself, I never talked to anyone at Chrysler Corporation. She lied again twice.
On line 19 of her deposition she states, I think that there wasn�t really a decision made. A former employee became available and wanted to return at the time, so that�s what happened. We hired our former employee there was no decision made against Mr. Butler.
Her affidavit states their was a decision made against me as I mention above on statement 3 part d and what happen parts a-c she never mention them on her deposition.
She contintues to lie, let�s add it up 5-8 times, 8 times if parts a-c are a lie and what did the circuit court of Oakland County do….nothing. Combustion Components does not produce any automotive parts or anything related to automotive industry. They rebuild power plant fuel nozzles to increase the efficiency of power plants producing electricity. So what was the witness Barbara Hurley protecting? Is this obstruction of justice?
the long distance telephone company
When my attorney told me that the witness Ms. Hurley stated that she never called Chrysler I immediately asked him to obtain her phone records. He stated that they were probably not available anymore. I called AT&T and found out that records of billing go back several years and June 1999 was still available. All they needed was a subpoena. I asked my attorney for a one and after some negative discussion he finally sent one to AT&T. After a few weeks I called him to check to see if the phone records came in. He said that since AT&T was in Connecticut they probably won�t honor his subpoena. I called AT&T again and they said they had someone working on it and that it should be mailed out in about a week. AT&T provided a copy of Combustion Components phone records phone no. (203) 268-3139 item 93 states a call to my Ford Supervisor, Item 95 is a call to Chrysler personnel verified by my attorney the called lasted for 2.12 minutes. For the next 6 months her company never called the Detroit area again. One last fact the owner of Combustion Components and I believe Ms. Hurley�s husband was present for the deposition his name was John Hurley. Ed Bird the financial officer was also present.
Oakland county circuit court…..
On March 29, 2000 my attorney filed a lawsuit in Oakland County Circuit Court 00-022028-CL Judge Richard Kuhn presiding. Motion hearing after motion hear this judge could or would not make a decision At he end of each hearing he state, he will take it under advisement and notified counsel at a later date. Judge Kuhn finally let the case go into mediation. Since the witness Ms. Hurley provided an affidavit stating she never called, the mediation award was a $1000.00. Judge Kuhn remanded the case to District court because the mediation award was less than $1500.00. The Michigan Civil Procedure paragraph 11.53 titled Remand to District Court states, There is no longer any rule providing the remand of cases from circuit court to district court because the mediation award id less than the district court jurisdictional limit. Why did the judge remand it to district court?
So it got sent district court and district court sent it back to circuit court (see 50th district court for details). Judge Kuhn had the case from mar 29, 2000 to April 29, 2000 that is 2 years and 1 month. I complained to court administration about his not be able to make a decision in this case. My attorney said, complain to court administration again and the judge is liable to dismiss the case, so I complained again and Judge Kuhn dismissed the case. He granted the defendant motion to dismiss. He stated the following about my evidence: Plaintiff also submitted a letter from a private investigator he hired, stating that the private investigator called MIS, Compuware and Chrysler, and that all three stated they had no record of employment for a person with Plaintiff name and social security. However, even assuming that this letter is admissible, it does not support Plaintiff�s allegation that the defendant companies reported such information to prospective employers. The same is true of a newspaper article submitted by the plaintiff, where a staff writer states that calls by her newspaper yielded similar results to those of the investigator�s. Wait just a minute why would any company tell anyone they had no record of any employee if the did. Why would they tell a newspaper reporter the same, doesn�t this risk a lawsuit.
The witness Ms. Hurley lied about calling Chrysler proven by her phone records and this is what the Judge had to say; there is no proof that Ms. Hurley spoke to anyone, or what the content of any conservation may have been. The phone records prove that she called Chrysler for 2.12 minutes, why did she lie, all she had to say is yes I called Chrysler but it wasn�t about Mr. Butler it was about another employee that I interviewed. Why didn�t the court contact her to find out the truth or charge her with obstruction of justice? What about Perjury?
50th district court…..
After waiting five months, the case is front of Judge Brown�s court for trial, case no CC-000077. I really upset because even if win the most I can get is $25,000.00. Judge Brown opens the court stating that, their has been a problem in the scheduling and there will not be a jury available. My attorney asks the judge if the attorneys can meet in chambers to discuss the case now, the judge agrees and all the attorneys head off to the judge�s chambers. When they come out, my attorney tells me that the judge is going to dismiss the case because he doesn�t think there is a one. My attorney and the tries to get me $5000.00 He has the Chrysler attorney call Chrysler and they say no all the will pay is the mediation award $1000.00. Judge Brown reopens the court. I a nervous wreck because I new he was going to dismiss the case. He has decided to remand the case back to circuit court to the very same judge that sent it to district court. I lost track of the case for a couple weeks. There was a visiting judge from Wayne County and the Oakland County Circuit Court said that she had the case. I checked with her clerk and he said no and that Judge Kuhn wanted to transfer to the visiting judge�s docket but he could not. He didn�t tell me why. Finally it did show up on Judge Kuhn�s docket.
Michigan court of appeals…..
After a year and a half wait The Michigan Court of Appeals sends me their ruling, case no 24143. They stated the following, Plaintiff failed to provide evidence to support his claim. Plaintiff asserted that potential employers contacted defendants, and were told that there was no record of plaintiff�s employment. Yet, the official of the only potential employer identified by plaintiff, indicated that she did not make any contact with defendants. Challenging the official�s credibility does not create admissible evidence in support of plaintiff�s claim. The trial court properly grant the defendants motion. They never addressed what my private investigator or newspaper reporter stated. Did the court of appeals say it is ok for the witness Ms. Hurley to lie under oath in a court of law…or what?
Michigan supreme court…..
I appealed it to the Michigan Supreme Court case no. 125344. I paid the extra $150.00 for motion the court immediate consideration (they will review your quickly). The court granted me immediate consider the business day. They received my file on Friday and the following Monday immediate consideration was granted Jan 05, 2004. They didn�t even have the defendants opposing motion yet the court informed the defense of granting me the motion of immediate consideration. Chrysler and Compuware filed a join motion opposing my motion for immediate consideration dated February 11, 2004. This is over a month after the court granted immediate consideration on Jan 05, 2004. On February 27, 2004 I received an order from the court stating the following: The application for leave to appeal is DENIED, because we are not persuaded that the questions presented should be reviewed by this court. Well the same paper work that convinced the court to grant me immediate consideration within one day couldn�t convince them to review my questions and grant my leave to appeal. Then what court can review my questions?
united states district court eastern district of michigan south division …..
I immediately filed a complaint in federal court, case no.04-71173 Judge Feikens and Magistrate Judge Morgan presiding. I was granted an oral argument in Magistrate Judge Morgan�s court on Monday, June 28, 2004 at 1:30pm. I spoke to Judge Morgan myself. I first asked her if I could cite a case similar to mine where Larry Buck used a private investigator to find out what Frank B. Hall & Co. was saying about him 678S.W.sd 612; 1984 Tex. App. LEXIS 5886 she replied yes and I gave all parties a copy of the case. I then brought up the doctrine of Collateral Estoppel which states the following:
The Collateral Estoppel bar is inapplicable when the claimant did not have a full and fair
opportunity to litigate the issue decided by the other court. Thus, a claimant can file a
federal suit to challenge the adequacy of state procedures.
Finally I stated to the Judge Morgan that because of this injustice no one will hire me and I can�t get a job. Her response was I appreciate your position and will write a report and recommendation to Judge Feikens and mail you a copy at the address you have on file. I thank her and left with almost all the lawyers in the courtroom smiling at me, I assume they thought I did a good job presenting my case, in fact he closest to me said good job with his hand over his mouth so the judge would not here him . The defense argued with the doctrine of res judicata which bars you from federal proceedings if you filed in the state should rule. It is up to the judge to determine what doctrine applies. Well a month later a got Judge Morgan�s report and recommendation. Not one item that I discussed in her court was in her report and she recommended dismissing the case. Judge Feikens ordered that the report and recommendation is accepted and the defendant�s Joint Motion to dismiss is GRANTED and the case is DISMISSED.
CIRCUIT EXECUTIVE / judicial council…..
I filed a complaint of judicial misconduct with the circuit executive, James Higgins against both Judge Feikens and Judge Morgan, case no. 04-6-351-50. In filing a complaint of judicial misconduct you file a complaint to the circuit executive. He contacted Chief Judge Boggs for review of the misconduct. Chief Judge Boggs dismissed the case of misconduct against Judge Feikens and Judge Morgan. Circuit Executive James Higgins inform of petitioning the judicial council on this misconduct. I agreed. When petitioning the judicial council the circuit executive distributes a copy of the complaint to each judicial council member and they review your complaint individually. In order to get your complaint placed on the agenda of the judicial council meeting for a final vote, at least one of the council members must vote yes agreeing with your complaint that there was a judicial misconduct.
I received an order from the judicial council stating the following: The petition for review was considered by the judicial council of the sixth circuit pursuant to rule 8(c) of the rules governing of judicial misconduct or disability at a meeting of the council held on June 26, 2005. All members of the council who were present having voted for affirmance of the dismissal of the complaint, the order of dismissal will be affirmed. What happen to the council member that voted for the misconduct prior to the meeting, did not get to the meeting ….really?
united STATES COURT of appeals for the sixth circuit……
I also appealed the decision of Judge Feikens case no 04-2155. They affirm with Judge Feikens baring me from federal proceedings due to the doctrine of res judicata. The response was decided at the same time the judicial council made the decision.
supreme court of the united states…..
I filed a petition for Writ of Certiorari in the Supreme Court of the United States in Washington D.C. case number 05-430. I filed my petition and the clerk�s office sent it back to me, costing them $25.00 in postage (you have to submit 40 copies). They stated that the format was not correct, so kindly fix it and return it promptly so we may place your case on the docket. I rewrote the petition and return it. It was placed on the docket the next day after they received it. On December 05, 2005 the petition for Writ of Certiorari was denied without reason.
List of Court Case Numbers;
Oakland county circuit court…..
Case no. 00-022028-CL
50th district court…..
Case no. CC-000077
Michigan court of appeals…..
Case no. 24143
Michigan supreme court…..
Case no. 125344
united states district court eastern district of michigan south division …..
Case no. 04-71173
CIRCUIT EXECUTIVE / judicial council…..
Case no. 04-6-351-50
united STATES COURT of appeals for the sixth circuit……
Case no. 04-2155
supreme court of the united states…..
Case no. 05-430
the survial….
In 1998 my jobless/ homeless began when this injustice was brought upon me by Chrysler and Compuware Corporations. I gone thru everything you could think of. I slept on my sister couch for 10 months. I guess her and her husband was getting tired of and made it so bad I had to leave. It was in the winter of 1999 so, I had to go to the Red Roof Inn in Southborough, Ma at $400.00 a week my life savings quickly disappearing at this rate but it was better that the cold snow bank. The spring came and I running low of money so I had to move into a tent in the woods in Vermont state park all it did was rain. Camping in a state park can be fun if at the end of the trip you have a home to go to, it is very stressful if you don�t because all you think is where you are going sleep next. The ranger said only three weeks because the state of Vermont does want you to make the park your home. The ranger was willing to register me under a different name but I said no because I did want her to get into trouble.
I left and went to Michigan to help my lawsuit go forward, I was no help. I stayed with a friend in Oak Park, Mi unable to pay rent I had to do anything that I was asked to do so, that lasted for a while till the rule came in, no more free rent. I could not meet the requirements so out I had to go in the middle of the winter. Where to go now, try to find a place to sleep with no money not to mention the stress of the lawsuit taking so long wondering if you will ever win.
Well I was doing some small home improvements jobs for almost free just enough to buy some food. A family in Warren that I was working let me in their basement so I could finish their home. I was out one night getting some court papers notarized in early evening and I cross a side street on my bike and a car I came from behind and made a left turn and I got hit. My left wrist was broken in two places. I now have a metal plate and 8 screws in my wrist and can�t bend it very well. A family member was moving back into the house an again in the winter it was time for me to move on again.
I was doing some work outside on a home and met another couple in Royal Oak who again let sleep in there basement. He was quite a handful, I don�t think he like me to much. He bit his tongue until the work was done and then they threw me out again in the winter. The depression is at an all time high now, the state courts all have said no.
Well I got lucky another family that needed their house fixed and had a spare room in the basement where I could sleep. After a year went by more family members were coming from overseas and I again had to leave, well where to go now? No more families where I could stay.
I received a small settlement from state farm insurance for my bike/auto accident and now I am paying for a place to stay. Now the stress is threw the roof all the federals courts have said no.
How do I survive now or do I? Blacklisted by two major corporations, Chrysler and Compuware Corporation, with a third company lying to hide the truth, jobless for 7 years, all the courts have said no, credit gone, savings running out, soon no place to sleep except for the street, what will get me first the cold or no food. Yes I can go to the shelter, I know there is not one that can help me for the next 30 years since I am only 52.
You may contact me through my email billbutler921@yahoo.com and I will promptly call you back from a pay phone. I want my location to be secret. I not sure what these companies are capable of doing, since they ruined my life and refuse to fix it.
Blacklisting a Mechanical Engineer ……..here is my story!
Background
I was born in small town in Massachusetts with a big name, you might have heard of it, Concord. You know where we fought the British to gain our freedom from England in 1776. It was a cold winter afternoon when my mother went into labor on December 31, 1953. Everything went well so they tell me. I grew up in one of the neighboring towns called Maynard where we lived away from the crowded center. My schooling years were normal, except my parents said that there would not be any funds to send me to college. I then decided to take the industrial arts curriculum. I finished high school in 1971 and went to work for the Brunswick Corporation as a janitor, soon to change to maintenance mechanic. My supervisor was an inspiration to me. I liked his job so I decided to go to night school in Boston to obtain my college prep classes at night. I remember my first night of class I was so excited, I was finally beginning the long road to becoming a mechanical design engineer. After attending Newman Preparatory school for one year in the evenings I was prepared to enter Wentworth Institute of Technology for two years during the days to receive my associate degree in mechanical design engineering technology. I obtained employment at Pratt & Whitney as a draftsperson soon to be changed to a design engineer assistant. I was also determined to receive my full degree in engineering so, I attended the University of Hartford in the evening, after six years I received a bachelor�s degree in mechanical engineering (BSME).
In the engineering field it is a well known fact that if you are in a company for a long period of time and you are not an engineer, it is very difficult to make the transitition to engineer since all the managers still think your not. In general it is better to move to another company and start as an engineer. Now is the time to jump ahead and get to the real meat of my story.
The Dismissal……..
I was hired as a contract engineer by a division of Compuware now known as Professional Services to work at Chrysler as a mechanical design engineer on 05/92. I was responsible for the design of the 2000 neon pcv system. It was the best design of my career. I had managers from different departments at my desk wanting me to explain how it worked. My overall performance review stated I was an excellent employee; I even got a pay raise.
Here is my theory on what happen. Inside the plastic valve cover of the 2.0L SOHC engine there is a steel baffle plate it is attached to the plastic valve cover with screws threaded into the plastic valve cover. I was concerned that with the vibration of the 4 cylinder engine, the screws back out and fall into the engine. I confronted the engineer, his supervisor, the supplier of the baffle and my Chrysler supervisor Steven Gorgas with my concern.
Everything at this point seemed to be going down hill. I couldn�t do anything right any more, my Chrysler supervisor was always yelling at me. I remember I had to go on a trip to Canada to test my design in the cold weather. I had no credit card to secure the hotel room. I asked my Chrysler supervisor to secure the hotel room on his corporate credit card and that I would pay cash for the hotel when I got to Canada. He said no, he did not trust me. I did not want to fly to Canada and not have any place to stay. It was -37 deg F outside up there. He took me out into the atrium away from everyone and told me if I didn�t go on this trip Chrysler would be looking for an engineer to replace me. I was in shock. I called the hotel again and talked to the manager, explaining my position and he said he would hold the room for me
Steven Gorgas left for a different department his replacement was an employee Nancy Khamseh. I guess he recommended her for the position. Things were ok but you had to be real careful what you said and did. I recall one of the several times she got upset with me. In the auto design world the companies like to use a part in as many applications as they can because it saves them money. An engineer in Jeep/Truck decided to use the valve cover and PCV valve I designed for the Neon without contacting me. She ran into problems. Nancy (Now my Chrysler supervisor) asked me to go to Jeep/truck to look at the situation and if I could offer some help if I could. I naturally said yes. I found that the engineer was using the parts in an application that they weren�t. The valve was designed for a horizontal position she has in a vertical position and the location of the valve on the valve cover was change which is important due to internal features. I stated this to Nancy and she said to me what is the matter are you afraid of a women engineer can design something better that you. I said what did you say and she repeated again. I said wow softly and return to work. I just wanted to drop the issue. Later I had the valve flow by the supplier in the vertical and horizontal position and showed Nancy the difference. She said ok and I thin she brushed it off. I wondered what damage was done.
My second year anniversary came up and they did not inform me of my performance review. I was afraid to ask not knowing what was happening behind the scenes. Finally three months later, I was told by my contract supervisor that on Friday at 3:00pm October 31, 1998 there would be my performance review. I went to the meeting and within minutes he informed me that the contract ended and they were not renewing it. He then began to tell me the reason, I immediately stopped him because I new it would be a lie. He then stated I should collect my personal effects and was worried about the return of the Chrysler pager that was loaned to me. I forgot it at home that day. I returned the pager and had trouble collecting vacation pay the contractor owed me, I finally did get it.
I believe that my downfall was planned because it is cheaper to get rid of me instead of fixing the design. The cost of tooling and more importantly the time to change the design was gone production was right around the corner.
After a year went by I contacted my supervisor Dave Sthal at Professional Services to find out why I was dismissed. I was right, he lied. He stated I was dismissed because the quantity of my work was low. I kept in touch with my fellow colleagues and they all stated that I was replaced by two engineers….
The job search………
I left Michigan returning east to New England, the region was booming in 1998. It seemed like everyone was looking to hire an engineer, I was overwhelmed with joy. I resided with my sister and her husband sleeping on her couch.
For the next ten months I searched the internet every morning and afternoon using search engines to name a few, Monster.com, Hotjobs.com, and many others. I received 8 interviews; the first was with a solid company known as Pratt & Whitney in East Hartford, CT. I obtained an interview through a local recruiter named the Mullings group, just a minute I never new where the recruiter was located, all I had was a telephone number, a fax number and an email address. Anyway I went to the interview I was told to check into the holiday inn located in East Hartford. They stated that Dave Lybass, the manager of the group, was going to meet me for dinner the night before the interview, he never showed. I didn�t know what to think. Was Dan MacInnis going to meet me at 7:00 am the next day or not, it was too late to call the recruiter. Well the next morning arrived and Dan did show up. The day went well, I felt really good about the interview and Dan reassured me that the chances were quite good. Well some time went by and the answer came back from the recruiter. He stated they loved you on the interview but, there will not be any job offer because you have no technical background. I was in shock when I heard this. You see before I left for Michigan, as I mention in the background of my story, I worked at Pratt & Whitney for nine years. The day of the interview I met a lot of my old work colleagues; I even knew some of the people I interview with…I lost this job, I tried to work with this recruiter to obtain other jobs but he would not answer my calls, return my calls or even answer my emails. I, at this point, I just did not know what was going on.
My second interview was with Combustion Components in Monroe, CT. Barbara Hurley was the main contact there. The interview went well; I wasn�t trained in their computer graphics program. John Hurley the manager/owner said not to worry that I could be trained. I met Barbara Hurley for lunch; we went to a nearby seafood restaurant. We had a wonderful lunch, we talked about everything my life, all my interests, and yes we even talked about dating. We return to the plant and just before we entered office she stated, she could remember the last time she enjoyed interviewing a candidate as she enjoyed interviewing me. I located an art store in a nearby town and asked Barbara how to get there. She photocopied a map and gave me directions. I thanked her and went on my way. Some time went by and I called her to follow up on the job offer and she asked me for some references I gave her some. She then stated in a later conversation Ford gave you a good reference what happen at Chrysler. I told her I didn�t quite know, I thought it was a cost reduction since they replaced me with an entry level engineer. I didn�t get the job. At this point it was time to find out what Chrysler and Compuware�s Professional Services were saying about me. I decided to hire a private investigator (see the next paragraph for details). There were other interviews that were unsuccessful, some where I told them what these two companies did to me and they looked at me wondering what I did for these two companies to do this to me. Other companies found out by themselves.
The private investigator……
I was living in Massachusetts in the Red Roof Inn at the time, my sister had enough of me sleeping on the couch. One afternoon I visiting my niece in Worcester, talking about the situation and I decided to scan the yellow pages to find a private investigator. I came across Trace Investigation Services. I met with Tim Lampron in the parking lot of local shopping center and discussed the details. He stated that his office has a separate phone line and fax in case the company he was calling had a caller ID. His plan was to call over a period of a week at different times of the day to talk to different people in human resources. He contacted MIS International (bought by Compuware and renamed Professional Services), Compuware, and Chrysler�s contract division. They all stated they had no record of my employment. This makes me a lair on every interview because when the companies call Chrysler and Compuware�s Professional Services to verify my employment, they believe Chrysler and Compuware�s Professional Services instead of me. I contact Tim Lampron after I filed my lawsuit and he was very cross with me, it was like he never wanted to speak to me again, I do know why.
THE LAWSUIT
Both companies were brought into the lawsuit because, Compuware�s Professional Services is a supplier of contract engineers to Chrysler and in the supplier/customer world the supplier simply does what the customer wants or the supplier no longer is the supplying engineers to Chrysler.
The attorney at law
At first it was difficult to locate a lawyer. I talked to a firm in Worcester, MA and they said that it would cost an extreme amount of money up front, I think he said 100,000 so that was it. After a little thought I decided to locate a lawyer in Michigan. I located a Richard A. Meier of Farmington Hills, Michigan. He sent a contract that I had to, sign and with a $1500.00 check he would start working on the case. He also asked me to send him any paper work I might have. Since I move to Massachusetts, mistaking my pay check stubs got buried in a box or they got tossed in the move. I sent him a W2 form, a printout from social security computer file, and a copy of my Chrysler contractor ID badge. All proving that I did work there. He contacted Chrysler and Compuware�s Professional Services and they all told that they had no record of that employee. He filed the complaint in Oakland County Circuit Court.
It seemed as time went on he lost interest in the case. He never contacted my private investigator, any of the companies that I interview with, or the newspaper reporter. A one point it was hard to even call him on the phone. I contacted another lawyer to review what he had done He got upset and said that he would surrender the whole case to her. She was worst than him, it would be like I was jumping out of the pan into the fire so, I stayed with him.
Judge Kuhn let the case go to mediation he sent one of his associates as a matter of fact he didn�t even have a copy of the witness Ms. Hurley �s affidavit. I had to get a copy from the defense attorneys. When I found out she said she never called the defendant companies, I asked to get a copy of her company�s phone records. He stated that they probably won�t be available. I told him I would check to see if the were. They were available but I would need a subpoena. He did send one to AT&T in Connecticut. I few weeks went by and I called for the results he said that they would probably not honor his subpoena since it was not based in Michigan. I called AT&T and they were going to mail it in a week. They came in and He called the numbers and discovered that one call was to my Ford supervisor and one was to Chrysler personnel. I managed to get an article in the Westland Observer newspaper which turn out be another witness. He never gave it to the defense attorneys. It was like nobody was doing anything on my case and I was jobless and homeless. I complained to the court about the judge and he said complain once more and the judge will dismiss the case. Well in the two years I work with him he called me for the first time telling me that the Judge Kuhn dismissed the case. I asked him about an appeal and he said $3500.00 first. Since I was homeless and unemployed I simply did not have the money. I called the Michigan court of appeals and they said I could appeal it without a lawyer. Well I appealed it to Michigan Court of Appeals, Michigan Supreme court and took it to Federal District Court in Detroit, Federal Court of Appeals in Cincinnati and Supreme Court of the United States in Washington D.C. all without a lawyer. They all said no in one form or another.
the list of defense attorneys...
Chrysler Compuware dba Professional Services
In Oakland County Circuit Court
Judith E. Caliman (P43526) John J. Ronayne lll (P23519)
In 50th District Court
William McCandless (P33669) John J. Ronayne lll (P23519) L. Jean Benoit
In Michigan Court of Appeals
Judith E. Caliman (P43526) John J. Ronayne lll (P23519)
Leon Hardiman (P45146) Brandon K. Buck (P63152)
William McCandless (P33669)
Alexander B Jarowyj (P48773)
In Michigan Supreme Court
Judith E. Caliman (P43526) John J. Ronayne lll (P23519)
Leon Hardiman (P45146)
Alexander B Jarowyj (P48773)
William McCandless (P33669)
In United States District Court
Richard M. Tuyn (P29091) John J. Ronayne lll (P23519)
In United States Court Of Appeals
Richard M. Tuyn (P29091) John J. Ronayne lll (P23519)
Kristin R. Binkley (P59275) Elise N. Reed (P52816)
In Supreme Court of the United States
Richard M. Tuyn (P29091) John J. Ronayne lll (P23519)
(248) 593-6400 (734) 416-1780
That is a total of ten different defense attorneys what can I say?
the newspaper reporter….
Too help speed up the case and obtain another witness I was able to place the story in the Westland Observer newspaper. Julie Brown wrote the article stated the following: Observer calls yielded similar results, with Joni Dewan of Compuware human resources saying there is no record of such an employee. Barbara Maher of public relations ay DiamelerChrysler said it would be necessary to have a supervisor�s name to verify employment, and suggested contacting the contract employer. Julie Brown printed the article on Sunday September 17, 2000 and asked me to keep in touch with her because she wanted to do a follow up article. I tried contacted her by leaving phone messages and writing her emails. She refuses to respond, why?
the witness….
Ah the Witness Barbara Hurley you might remember her from the job search chapter, I interviewed with her in Combustion components in Monroe, CT. She stated to me on the phone Ford gave you a good reference what happen at Chrysler. I identified her to my lawyer as a potential witness for me and before I knew it she was providing an affidavit on the behalf of the defense attorneys to be submitted during mediation. The following is what she stated:
1. On statement 7 of her affidavit Ms. Hurley states she was never told by MIS International (renamed Professional Services by Compware Corporation) that Mr. Butler had not been their employee. I could not prove this wrong by her phone records however she could have call from a cell phone or some other phone.
2. On statement 8 of her affidavit Ms. Hurley states she was never told by Chrysler Corporation that Mr. Butler had not worked at Chrysler. I contacted AT&T and thru the phone records pg the phone number 203-268-3139 Acct No 020 681 6872 001 Item 96 is a call to Chrysler personnel. This was verified by my attorney R. Meier. She lied under oath in the state of Connecticut.
3. On statement 9 of her affidavit Ms. Hurley states the decision to not offer employment to Mr. Butler was made by senior engineering based upon:
a) His perceived technical ability;
b) His salary expectation
c) The expenses that would incurred in relocating him
d) A former employee was seeking to return to work. The former employee had
favorably impressed Combustion Components and was qualified for the position.
I felt they were quite impressed with my ability since Mr. Hurley offered computer training to me during the interview and with Ms. Hurley positive reinforcement at lunch stating she couldn�t remember the last time she enjoyed interviewing a candidate as she did me. Why would she ask me for references when I called if I had no technical ability. She should have just said a former employee was returning.
Mr. Hurley asked me what my expected salary would be, I stated 60,000/yr he replied that would not be a problem he did not even hesitate when he responded.
I was living in Massachusetts with everything I own was in storage. The cost of moving it would be minimal. Everything was still in boxes since I just moved it all from Michigan myself. Since she lied about not calling Chrysler how do you know if these weren�t lies too we don�t.
When Judge Kuhn pushed the case to district court a telephone deposition was taken under Judge Brown it lasted 10 minutes wow! I couldn�t prepare my attorney on what questions to ask because I never new about the deposition until it was over…how come?
Again Ms. Hurley states on page 8 line 12 of her deposition, I never talked to Chrysler. On line 14 she repeats herself, I never talked to anyone at Chrysler Corporation. She lied again twice.
On line 19 of her deposition she states, I think that there wasn�t really a decision made. A former employee became available and wanted to return at the time, so that�s what happened. We hired our former employee there was no decision made against Mr. Butler.
Her affidavit states their was a decision made against me as I mention above on statement 3 part d and what happen parts a-c she never mention them on her deposition.
She contintues to lie, let�s add it up 5-8 times, 8 times if parts a-c are a lie and what did the circuit court of Oakland County do….nothing. Combustion Components does not produce any automotive parts or anything related to automotive industry. They rebuild power plant fuel nozzles to increase the efficiency of power plants producing electricity. So what was the witness Barbara Hurley protecting? Is this obstruction of justice?
the long distance telephone company
When my attorney told me that the witness Ms. Hurley stated that she never called Chrysler I immediately asked him to obtain her phone records. He stated that they were probably not available anymore. I called AT&T and found out that records of billing go back several years and June 1999 was still available. All they needed was a subpoena. I asked my attorney for a one and after some negative discussion he finally sent one to AT&T. After a few weeks I called him to check to see if the phone records came in. He said that since AT&T was in Connecticut they probably won�t honor his subpoena. I called AT&T again and they said they had someone working on it and that it should be mailed out in about a week. AT&T provided a copy of Combustion Components phone records phone no. (203) 268-3139 item 93 states a call to my Ford Supervisor, Item 95 is a call to Chrysler personnel verified by my attorney the called lasted for 2.12 minutes. For the next 6 months her company never called the Detroit area again. One last fact the owner of Combustion Components and I believe Ms. Hurley�s husband was present for the deposition his name was John Hurley. Ed Bird the financial officer was also present.
Oakland county circuit court…..
On March 29, 2000 my attorney filed a lawsuit in Oakland County Circuit Court 00-022028-CL Judge Richard Kuhn presiding. Motion hearing after motion hear this judge could or would not make a decision At he end of each hearing he state, he will take it under advisement and notified counsel at a later date. Judge Kuhn finally let the case go into mediation. Since the witness Ms. Hurley provided an affidavit stating she never called, the mediation award was a $1000.00. Judge Kuhn remanded the case to District court because the mediation award was less than $1500.00. The Michigan Civil Procedure paragraph 11.53 titled Remand to District Court states, There is no longer any rule providing the remand of cases from circuit court to district court because the mediation award id less than the district court jurisdictional limit. Why did the judge remand it to district court?
So it got sent district court and district court sent it back to circuit court (see 50th district court for details). Judge Kuhn had the case from mar 29, 2000 to April 29, 2000 that is 2 years and 1 month. I complained to court administration about his not be able to make a decision in this case. My attorney said, complain to court administration again and the judge is liable to dismiss the case, so I complained again and Judge Kuhn dismissed the case. He granted the defendant motion to dismiss. He stated the following about my evidence: Plaintiff also submitted a letter from a private investigator he hired, stating that the private investigator called MIS, Compuware and Chrysler, and that all three stated they had no record of employment for a person with Plaintiff name and social security. However, even assuming that this letter is admissible, it does not support Plaintiff�s allegation that the defendant companies reported such information to prospective employers. The same is true of a newspaper article submitted by the plaintiff, where a staff writer states that calls by her newspaper yielded similar results to those of the investigator�s. Wait just a minute why would any company tell anyone they had no record of any employee if the did. Why would they tell a newspaper reporter the same, doesn�t this risk a lawsuit.
The witness Ms. Hurley lied about calling Chrysler proven by her phone records and this is what the Judge had to say; there is no proof that Ms. Hurley spoke to anyone, or what the content of any conservation may have been. The phone records prove that she called Chrysler for 2.12 minutes, why did she lie, all she had to say is yes I called Chrysler but it wasn�t about Mr. Butler it was about another employee that I interviewed. Why didn�t the court contact her to find out the truth or charge her with obstruction of justice? What about Perjury?
50th district court…..
After waiting five months, the case is front of Judge Brown�s court for trial, case no CC-000077. I really upset because even if win the most I can get is $25,000.00. Judge Brown opens the court stating that, their has been a problem in the scheduling and there will not be a jury available. My attorney asks the judge if the attorneys can meet in chambers to discuss the case now, the judge agrees and all the attorneys head off to the judge�s chambers. When they come out, my attorney tells me that the judge is going to dismiss the case because he doesn�t think there is a one. My attorney and the tries to get me $5000.00 He has the Chrysler attorney call Chrysler and they say no all the will pay is the mediation award $1000.00. Judge Brown reopens the court. I a nervous wreck because I new he was going to dismiss the case. He has decided to remand the case back to circuit court to the very same judge that sent it to district court. I lost track of the case for a couple weeks. There was a visiting judge from Wayne County and the Oakland County Circuit Court said that she had the case. I checked with her clerk and he said no and that Judge Kuhn wanted to transfer to the visiting judge�s docket but he could not. He didn�t tell me why. Finally it did show up on Judge Kuhn�s docket.
Michigan court of appeals…..
After a year and a half wait The Michigan Court of Appeals sends me their ruling, case no 24143. They stated the following, Plaintiff failed to provide evidence to support his claim. Plaintiff asserted that potential employers contacted defendants, and were told that there was no record of plaintiff�s employment. Yet, the official of the only potential employer identified by plaintiff, indicated that she did not make any contact with defendants. Challenging the official�s credibility does not create admissible evidence in support of plaintiff�s claim. The trial court properly grant the defendants motion. They never addressed what my private investigator or newspaper reporter stated. Did the court of appeals say it is ok for the witness Ms. Hurley to lie under oath in a court of law…or what?
Michigan supreme court…..
I appealed it to the Michigan Supreme Court case no. 125344. I paid the extra $150.00 for motion the court immediate consideration (they will review your quickly). The court granted me immediate consider the business day. They received my file on Friday and the following Monday immediate consideration was granted Jan 05, 2004. They didn�t even have the defendants opposing motion yet the court informed the defense of granting me the motion of immediate consideration. Chrysler and Compuware filed a join motion opposing my motion for immediate consideration dated February 11, 2004. This is over a month after the court granted immediate consideration on Jan 05, 2004. On February 27, 2004 I received an order from the court stating the following: The application for leave to appeal is DENIED, because we are not persuaded that the questions presented should be reviewed by this court. Well the same paper work that convinced the court to grant me immediate consideration within one day couldn�t convince them to review my questions and grant my leave to appeal. Then what court can review my questions?
united states district court eastern district of michigan south division …..
I immediately filed a complaint in federal court, case no.04-71173 Judge Feikens and Magistrate Judge Morgan presiding. I was granted an oral argument in Magistrate Judge Morgan�s court on Monday, June 28, 2004 at 1:30pm. I spoke to Judge Morgan myself. I first asked her if I could cite a case similar to mine where Larry Buck used a private investigator to find out what Frank B. Hall & Co. was saying about him 678S.W.sd 612; 1984 Tex. App. LEXIS 5886 she replied yes and I gave all parties a copy of the case. I then brought up the doctrine of Collateral Estoppel which states the following:
The Collateral Estoppel bar is inapplicable when the claimant did not have a full and fair
opportunity to litigate the issue decided by the other court. Thus, a claimant can file a
federal suit to challenge the adequacy of state procedures.
Finally I stated to the Judge Morgan that because of this injustice no one will hire me and I can�t get a job. Her response was I appreciate your position and will write a report and recommendation to Judge Feikens and mail you a copy at the address you have on file. I thank her and left with almost all the lawyers in the courtroom smiling at me, I assume they thought I did a good job presenting my case, in fact he closest to me said good job with his hand over his mouth so the judge would not here him . The defense argued with the doctrine of res judicata which bars you from federal proceedings if you filed in the state should rule. It is up to the judge to determine what doctrine applies. Well a month later a got Judge Morgan�s report and recommendation. Not one item that I discussed in her court was in her report and she recommended dismissing the case. Judge Feikens ordered that the report and recommendation is accepted and the defendant�s Joint Motion to dismiss is GRANTED and the case is DISMISSED.
CIRCUIT EXECUTIVE / judicial council…..
I filed a complaint of judicial misconduct with the circuit executive, James Higgins against both Judge Feikens and Judge Morgan, case no. 04-6-351-50. In filing a complaint of judicial misconduct you file a complaint to the circuit executive. He contacted Chief Judge Boggs for review of the misconduct. Chief Judge Boggs dismissed the case of misconduct against Judge Feikens and Judge Morgan. Circuit Executive James Higgins inform of petitioning the judicial council on this misconduct. I agreed. When petitioning the judicial council the circuit executive distributes a copy of the complaint to each judicial council member and they review your complaint individually. In order to get your complaint placed on the agenda of the judicial council meeting for a final vote, at least one of the council members must vote yes agreeing with your complaint that there was a judicial misconduct.
I received an order from the judicial council stating the following: The petition for review was considered by the judicial council of the sixth circuit pursuant to rule 8(c) of the rules governing of judicial misconduct or disability at a meeting of the council held on June 26, 2005. All members of the council who were present having voted for affirmance of the dismissal of the complaint, the order of dismissal will be affirmed. What happen to the council member that voted for the misconduct prior to the meeting, did not get to the meeting ….really?
united STATES COURT of appeals for the sixth circuit……
I also appealed the decision of Judge Feikens case no 04-2155. They affirm with Judge Feikens baring me from federal proceedings due to the doctrine of res judicata. The response was decided at the same time the judicial council made the decision.
supreme court of the united states…..
I filed a petition for Writ of Certiorari in the Supreme Court of the United States in Washington D.C. case number 05-430. I filed my petition and the clerk�s office sent it back to me, costing them $25.00 in postage (you have to submit 40 copies). They stated that the format was not correct, so kindly fix it and return it promptly so we may place your case on the docket. I rewrote the petition and return it. It was placed on the docket the next day after they received it. On December 05, 2005 the petition for Writ of Certiorari was denied without reason.
List of Court Case Numbers;
Oakland county circuit court…..
Case no. 00-022028-CL
50th district court…..
Case no. CC-000077
Michigan court of appeals…..
Case no. 24143
Michigan supreme court…..
Case no. 125344
united states district court eastern district of michigan south division …..
Case no. 04-71173
CIRCUIT EXECUTIVE / judicial council…..
Case no. 04-6-351-50
united STATES COURT of appeals for the sixth circuit……
Case no. 04-2155
supreme court of the united states…..
Case no. 05-430
the survial….
In 1998 my jobless/ homeless began when this injustice was brought upon me by Chrysler and Compuware Corporations. I gone thru everything you could think of. I slept on my sister couch for 10 months. I guess her and her husband was getting tired of and made it so bad I had to leave. It was in the winter of 1999 so, I had to go to the Red Roof Inn in Southborough, Ma at $400.00 a week my life savings quickly disappearing at this rate but it was better that the cold snow bank. The spring came and I running low of money so I had to move into a tent in the woods in Vermont state park all it did was rain. Camping in a state park can be fun if at the end of the trip you have a home to go to, it is very stressful if you don�t because all you think is where you are going sleep next. The ranger said only three weeks because the state of Vermont does want you to make the park your home. The ranger was willing to register me under a different name but I said no because I did want her to get into trouble.
I left and went to Michigan to help my lawsuit go forward, I was no help. I stayed with a friend in Oak Park, Mi unable to pay rent I had to do anything that I was asked to do so, that lasted for a while till the rule came in, no more free rent. I could not meet the requirements so out I had to go in the middle of the winter. Where to go now, try to find a place to sleep with no money not to mention the stress of the lawsuit taking so long wondering if you will ever win.
Well I was doing some small home improvements jobs for almost free just enough to buy some food. A family in Warren that I was working let me in their basement so I could finish their home. I was out one night getting some court papers notarized in early evening and I cross a side street on my bike and a car I came from behind and made a left turn and I got hit. My left wrist was broken in two places. I now have a metal plate and 8 screws in my wrist and can�t bend it very well. A family member was moving back into the house an again in the winter it was time for me to move on again.
I was doing some work outside on a home and met another couple in Royal Oak who again let sleep in there basement. He was quite a handful, I don�t think he like me to much. He bit his tongue until the work was done and then they threw me out again in the winter. The depression is at an all time high now, the state courts all have said no.
Well I got lucky another family that needed their house fixed and had a spare room in the basement where I could sleep. After a year went by more family members were coming from overseas and I again had to leave, well where to go now? No more families where I could stay.
I received a small settlement from state farm insurance for my bike/auto accident and now I am paying for a place to stay. Now the stress is threw the roof all the federals courts have said no.
How do I survive now or do I? Blacklisted by two major corporations, Chrysler and Compuware Corporation, with a third company lying to hide the truth, jobless for 7 years, all the courts have said no, credit gone, savings running out, soon no place to sleep except for the street, what will get me first the cold or no food. Yes I can go to the shelter, I know there is not one that can help me for the next 30 years since I am only 52.
You may contact me through my email billbutler921@yahoo.com and I will promptly call you back from a pay phone. I want my location to be secret. I not sure what these companies are capable of doing, since they ruined my life and refuse to fix it.
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