Complaint Michigan State Police

Original - Court 2nd copy - Plaintiff
Approved, SCAO 1st copy - Defendant 3rd copy - Return
STATE OF MICHIGAN CASE NO.

JUDICIAL DISTRICT
Claims JUDICIAL CIRCUIT 17- OOO~IoOl.- M2.
COUNTY PROBATE
Court address Court telephone no.
925 W. Ottawa St., Lansing, MI 48909 (517) 373-0807
,...' .,.r i' - : !
Plaintiff's name(s), address(es), and telephone.uors) "',' :;:.;., ;", ,,-" Defendant's name(s), address(es), and telephone no(s).
J.~."'" lfn .... d j...tl.
Michael V. LaSusa . ",.~ v Michigan State Police

4335 E. Timberwood Dr. c/o KRISTE KIBBEY ETUE, Director
Traverse City, MI 49686 P.O. Box 30634
Lansing, Michigan 48909
Plaintiff's attorney, bar no., address, and telephone no.

Lawrence R. LaSusa - P41558
LaSusa Law Offices, PLC
4335 E. Timberwood Dr.
Traverse City, MI 49686
(231) 392-9616
I SUMMONS I NOTICE TO THE DEFENDANT: In the name of the people of the State of Michigan you are notified:
1. You are being sued.
2. YOU HAVE 21 DAYS after receiving this summons to file a written answer with the court and serve a copy on the other party
ortake other lawful action with the court (28 days if you were served by mail oryou were served outside this state). (MCR2.111 [CD
3. If you do not answer or take other action within the time allowed, judgment may be entered against you for the relief demanded
in the complaint.
Issued
9 ~s-. 020/
Court clerk
erome immer r.
*This summons is invalid unless served on or be re its expiration date.
This document must be sealed by the seal of the court.
I COMPLAINT I Instruction: The following is information that is required to be in the caption of every complaint and is to be completed
by the plaintiff. Actual allegations and the claim for relief must be stated on additional complaint pages and attached to this form.
Family Division Cases
o There is no other pending or resolved action within the jurisdiction of the family division of circuit court involving the family orfamily
members of the parties.
o An action within the jurisdiction of the family division of the circuit court involving the family or family members of the parties has
been previously filed in Court.
The action 0 remains 0 is no longer pending. The docket number and the judge assigned to the action are:
I Docket no. I Judge Bar no.
General Civil Cases

IZl There is no other pending or resolved civil action arising out of the same transaction or occurrence as alleged in the complaint.
o A civil action between these parties or other parties arising out of the transaction or occurrence alleged in the complaint has
been previously filed in Court.
The action 0 remains 0 is no longer pending. The docket number and the judge assigned to the action are:
I Docket no. I Judge Bar no.
IVENUE I
Plaintiff(s) residence (include city, township, or village) Defendant(s) residence (include city, township, or village)
4335 E. Timberwood Dr., Traverse City, Ml-4961i6 7150 Harris Drive, Dimondale, Michigan 48821
Place where action arose or business conducted
7150 Harris Drive, Dimondale, Michigan 48821 -._. -,
Date
If you require special accommodations to use the court because of a disability or if you require a foreign language interpreter to help
you fully participate in court proceedings, please contact the court immediately to make arrangements.
MC 01 (3/08) SUMMONS AND COMPLAINt MeR 2.102(B)(11), MCR 2.104, MCR 2.105, MCR 2.107, MCR 2.113(C)(2)(a), (b), MCR 3.206(A)
&:>rrelfo
SUMMONS AND COMPLAINT
PROOF OF SERVICE Case No. /7 - ()O()ilhJ-ML
TO PROCESS SERVER: You are to serve the summons and complaint not later than 91 days from the date offiling or the date
of expiration on the order for second summons. You must make and file your return with the court clerk. If you are unable to complete
service you must return this original and all copies to the court clerk.
I CERTIFICATE I AFFIDAVIT OF SERVICE I NONSERVICE I
o OFFICER CERTIFICATE OR oAFFIDAVIT OF PROCESS SERVER

I certify that I am a sheriff, deputy sheriff, bailiff, appointed Being first duly sworn, I state that I am a legally competent
court officer, or attorney for a party (MCR 2.1 04[A][2]), and adult who is not a party or an officer of a corporate party, and
that: (notarization not required) that: (notarization required)
o I served personally a copy of the summons and complaint,

[{] I served by registered or certified mail (copy of return receipt attached) a copy of the summons and complaint,
togetherwith _
List all documents served with the Summons and Complaint
------------------------------------ on the defendant(s):

Defendant's name Complete address(es) of service Day, date, time
Bhavesh Patel, Individually and Res Agent 83 S. Brye Rd., Ludington, MI 49431
o I have personally attempted to serve the summons and complaint, together with any attachments, on the following defendant(s)
and have been unable to complete service.
Defendant's name Complete address(es) of service Day, date, time
I declare that the statements above are true to the best of my information, knowledge, and belief.
Signature
Service fee Miles traveled Mileage fee Total fee
Lawrence R. LaSusa (P4l558)
$ $ $
Name (type or print)
Attorney for Plaintiff
Title
Subscribed and sworn to before me on =- _ _ County, Michigan.
Date
My commission expires: Signature: _
Date Deputy court clerk/Notary public
Notary public, State of Michigan, County of r==============-.

I ACKNOWLEDGMENT OF SERVICE I
I acknowledge that I have received service of the summons and complaint, together with
Attachments
__________________ on _
Day, date, time
_____________________ onbehalfof _
Signature
STATE OF MICHIGAN. pl1 I? I ,"
2011 SEP 2~
r-
il t;..= 'l
COURT OF CLAIMS
r:~~~F~~~~..,~-c' ~'~ ~, ~S
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,,;.\~~:l_~.,;'~
MICHAEL V. LASUSA,
Plaintiff,
File No. 17 - 000 Dl~ ;t. - MZ
v Hon. "P->orre' \ 0
MICHIGAN STATE POLICE,
Defendant.
________________________________ ~I
Lawrence R. LaSusa - P41558

Attorneys for Plaintiff
4335 E. Timberwood Dr.
Traverse City, MI 49686
(213) 392-9616
----------------------------------.1
COMPLAINT
There is no other pending or resolved civil action arising out

of the same transaction or occurrence as alleged in the complaint.
Plaintiff MICHAEL V. LASUSA, by his attorneys LASUSA LAW OFFICES, PLC, states for his
Complaint against Defendant MICHIGAN STATE POLICE, as follows:
NATURE OF THE CASE
This FOIA violation case involves a son's alleged murder, his indicted mother's jailhouse
suicide, and alleged law enforcement incompetence throughout the investigation, prosecution,
and incarceration. It has been and will be a matter of public interest until law enforcement
officials stop stonewalling FOIA requests and give journalists and the public a full and fair
opportunity to review all of the pertinent information concerning this case.

On Nov. 7, 2007, Sam Avery died of a single gunshot to the back of his head. He died in an
upstairs bedroom of his Elk Rapids, Michigan home where he lived with his mother, Anne
Avery-Miller (Avery-Miller), and his young sister. Avery-Miller claimed it was a suicide. State
and local law enforcement relentlessly pursued Avery-Miller as a murder suspect despite her
protestations, and those of many close to her, that she had nothing to do with her sons death.
Avery-Miller was not charged with murder until November 3, 2009, where in a rare legal
proceeding Thirteenth Circuit Court Judge Philip Rodgers, who served as a one-man grand jury
sitting in Grand Traverse County, indicted her.
On May 5, 2010, Avery-Miller, while awaiting trial, was found hanging from a bed sheet inside
her jail cell just before 11 p.m. She died a short time later. Those close to her were surprised
and perplexed as to how it could happen because she was placed on suicide watch the prior
year when she entered the Antrim County Jail, but was not deemed suicidal after an evaluation
and returned to a general population jail cell. Corrections officials claimed she showed no signs
of suicidal behavior prior to the hanging.
JURISDICTION AND PARTIES
1. This Complaint seeks the disclosure of public records under the Michigan Freedom of
Information Act (FOIA), Act 442 of 1976, MCL 15.231, et seq.
2. Plaintiff resides in Grand Traverse County, Michigan.
3. Defendant is a State of Michigan agency subject to the FOIA.
4. Pursuant to MCL 15.241(5) this Court has exclusive jurisdiction over this matter.
2
GENERAL ALLEGATIONS
5. Plaintiff is an independent investigative journalist, author and researcher. His work on
criminal justice, corruption and national security issues has received national and
international recognition.
6. Plaintiff currently serves as Senior Editor at InSight Crime, a leading source of news and
analysis on organized crime in the Americas. His journalistic work has appeared in
Truthout, Jacobin, Alternet, LobeLog, VICE News, and The Huffington Post, among
other outlets.
7. On July 17, 2017, Plaintiff sent Defendant a request pursuant to FOIA for all information
and documents related to the Avery-Miller investigation, and pursuant to MCL 15.234
(2), a request for a complete fee waiver as disclosure of the requested records would
clearly be in the public interest. Exhibit A, attached hereto.
8. On August 8, 2017, Defendant responded to the request stating Defendant estimates a
FOIA processing fee of $1,205.40 to search for, retrieve, review, examine, and separate
exempt material, if any., and demanding a deposit of $602.70 to cover the required
deposit of the estimated processing fee. Exhibit B, attached hereto.
9. MCL 15.234 (3) provides that:
A fee as described in subsection (1) shall not be charged for the cost of search,
examination, review, and the deletion and separation of exempt from nonexempt
information as provided in section 14 unless failure to charge a fee would result in
unreasonably high costs to the public body because of the nature of the request in the
particular instance, and the public body specifically identifies the nature of these
unreasonably high costs.
10. On August 11, 2017, pursuant to MCL 15.240a Plaintiff appealed Defendants
application of a fee and denial of the fee waiver request on the basis that FOIA prohibits
public bodies from charging fees for the search and review process unless the public
body can specifically identif[y] the nature of why the search and review process for the
request would constitute an unreasonably high cost. Exhibit C, attached hereto.
3
11. On August 23, 2017, Defendant denied Plaintiffs appeal, estimating 34.5 hours of labor
to separate and delete exempt information, and stating that [r]equiring a single
employee to dedicate almost a full work week of labor to a single FOIA request poses an
undue burden on the public body. Exhibit D, attached hereto.
12. As of July 29, 2017, the Michigan Civil Service Commission reports that Defendant has
2,991 active employees. Exhibit E, attached hereto.
13. 2,991 active employees working 40 hrs./week x 50 weeks/year = 5,982,000 annual
active employee hrs./year. 34.5 hours = 0.0000057673 of Defendants annual active
employee hrs./yr.
14. As of Fiscal Year Ended September 30, 2016, Defendant had an actual budget of
$605,414,000. Defendants estimated expense of $1205.40 to respond to Plaintiffs
FOIA request represents 0.000002 of its budget. Exhibit F, attached hereto.
COUNT I - VIOLATION OF FOIA
15. Plaintiff incorporates fully by reference paragraphs 1 - 14 above.
16. Defendants failures to engage in any balancing test to determine if a fee waiver was
warranted is a violation of FOIA, MCL 15.234 (2), or determine that a waiver or reduction
of the fee is in the public interest because searching for or furnishing copies of the public
record can be considered as primarily benefiting the general public.
17. Defendants refusal to provide the requested records claiming an undue burden on the
public body is in violation of FOIA, MCL 15.234 (3), as a fee shall not be charged for the
cost of search, examination, review, etc. unless failure to charge a fee would result in
unreasonably high costs to the public body.
18. Defendants actions are arbitrary and capricious.
4
WHEREFORE, Plaintiff respectfully requests that this Honorable Court provide the following
relief:
A. Order Defendant to provide Plaintiff copies of all the information and documents in
Plaintiffs FOIA request at no charge to Plaintiff;
B. Order Defendant to preserve any information or documents in Plaintiffs FOIA request
which are withheld from production due to a claim of privilege or exemption from FOIA
for a period of not less than 18 months from the date of any such order;
C. Declare that the practice of Defendant not specifically identifying the nature of the
unreasonably high costs for search and review is in violation of the FOIA;
D. Declare that the practice of Defendant not performing a balancing test of public interest
before assessing costs for search and review is in violation of the FOIA;
E. Grant Plaintiff his reasonable attorney fees, costs and disbursements pursuant to MCL
15.240(6);
F. Grant Plaintiff an award of damages, including punitive damages, pursuant to MCL
15.240(7);
G. Grant Plaintiff such other and further relief as this Court deems proper under these
circumstances.
Respectfully submitted,
Dated: September 21, 2017 By: ___________________________________

Lawrence R. LaSusa (P41558)
5
De: Michael LaSusa mlasusa2000@yahoo.com
Asunto: FOIA Request - Anne Avery Miller
Fecha: 18 de julio de 2017, 12:20 a.m.
Para: MSP-FOI@michigan.gov
Mike LaSusa 4335 East Timberwood Drive

Journalist Traverse City, MI 49686
July 17, 2017
Michigan State Police, Freedom of Informa=on Unit
PO Box 30634
Lansing, MI 48909
via email: MSP-FOI@michigan.gov
Re: FOIA Request - Anne Avery Miller
To Whom It May Concern:
Pursuant to the Michigan Freedom of Informa=on Act (Public Act 442 of 1976, MCL 15.231, et seq.), I hereby request disclosure of the following:
All records produced or received by the Michigan State Police from 2005 to the present men=oning Anne Avery-Miller, also known as Anne Avery
Miller and Anne Therese Avery-Miller, as well as those men=oning her son Sam Avery.
Avery Miller was charged in November 2009 in the Thirteenth Circuit Court with the November 2007 killing of her son Sam. (See: Art Bukowski,
11:30am: Avery-Miller charged with murder, Traverse City Record-Eagle, November 3, 2009, h^p://www.record-
eagle.com/news/local_news/am-avery-miller-charged-with-murder/ar=cle_73ebe1ef-d6f1-57c3-b5e5-a2da9b02d6c3.html). She died shortly aaer
reportedly being found hanging from a bed sheet inside her jail cell in the Antrim County Jail in May 2010. (See: Alex Piazza, Murder suspect
Avery-Miller commits suicide, Traverse City Record-Eagle, May 5, 2010, h^p://www.record-eagle.com/news/local_news/murder-suspect-avery-
miller-commits-suicide/ar=cle_9b0f3c14-c189-5207-acd0-4ce95e8f1d46.html)
The scope of this request includes but is not limited to any notes, memos, memoranda of conversa=on, le^ers, interviews, video or audio
recordings, inves=ga=ons, analyses, briengs and correspondence produced or received by the above-men=oned en==es during the specied
=me frame men=oning Avery Miller or her son.
I hereby request a complete fee waiver for this request as disclosure of the requested records would clearly be in the public interest.
Although I currently reside in Colombia for reasons related to my work as a journalist, I have also maintained a semi-permanent residence in
Grand Traverse and Antrim coun=es for the majority of my life. As a ci=zen with a lifelong connec=on to this area, I feel strongly that the release of
the requested records will help shed light on this highly controversial and much-publicized case, which involved ques=ons about poten=al
negligence and/or wrongdoing by public ocials. (See: Anne Stanton, Doubt: Anne Avery Miller, Northern Express, Nov. 1, 2009,
h^ps://www.northernexpress.com/news/feature/ar=cle-4475-doubt-anne-avery-miller/; and Anne Stanton, Anne Avery-Millers Suicide: Friends
and lawyer say jail hanging was totally preventable, Northern Express, May 9, 2010, h^ps://www.northernexpress.com/news/feature/ar=cle-
4604-anne-avery-miller/)
Furthermore, as a journalist who has specialized for several years in covering criminal jus=ce and corrup=on issues, I am uniquely well posi=oned
to publicly disseminate these records as well as to provide analysis of their signicance for the public. (For details on my previous work, please see
my website: www.mikelasusa.com.) This fact enhances the argument that disclosure of the requested records will serve the public interest.
If you regard any of these records as poten=ally exempt from the FOIAs disclosure requirements, I request that you nonetheless exercise your
discre=on to disclose them. To permit me to reach an intelligent and informed decision whether or not to le an administra=ve appeal of any
denied material, please describe any withheld records (or por=ons thereof) and explain the basis for your exemp=on claims.
Please no=fy me before incurring duplica=on costs over $25. To expedite the release of the requested records, please disclose them on an interim
basis as they become available to you without wai=ng un=l all records have been processed.
Electronic communica=ons are preferred whenever possible. If you have any ques=ons regarding the iden=ty of the records, their loca=on, the
scope of the request or any other ma^ers, please email me at mlasusa2000@yahoo.com.
EXHIBIT A Page 1 of 2
Thank you.
Sincerely,
Mike LaSusa
EXHIBIT A Page 2 of 2
STATE OF MICHIGAN
RICK SNYDER
DEPARTMENT OF STATE POLICE COL. KRISTE KIBBEY ETUE
GOVERNOR LANSING DIRECTOR
August 08,2017
MIKE LASUSA
4335 EAST TIMBERWOOD DRIVE
TRAVERSE CITY, MI49686
Subject: CR-20044262; MILLER, ANNE AVERY
Dear MIKE LASUSA:
This notice is issued in response to your request received 07/18/2017, asking for information under the Freedom of
Information Act (FOIA), MCL 15.231, et seq.
Your request is granted as to existing, non-exempt records in the possession of the Michigan State Police that fall
within the scope of your request. To process your request, the Department estimates a FOIA processing fee of
$1,205.40 to search for, retrieve, review, examine, and separate exempt material, if any. You may pay the deposit
online at www.michigan.gov/mspfoiapayments using a credit card or check in the amount of $602.70 to cover the
required deposit of the estimated processing fee. You will need to provide your name and the reference number listed
above to utilize the online payment option. Please note there is a $2.00 processing fee for using this service. If you
prefer, you can submit a check or money order made payable to the STATE OF MICHIGAN and mail to P.O. Box
30266, Lansing, MI 48909. To ensure proper credit, please enclose a copy of this letter with your payment.
Upon receipt of the deposit, the Department will complete the processing of your request. You will be notified of the
balance due before mailing of the records, and of the statutory basis for the exemption of any records or portions of
records, and of your statutory remedial rights, if applicable. The Department estimates a processing time of ~
business days after receipt of payment.
Under the FOIA Section 10a (a copy of which is enclosed), you have the right to appeal the fee to the head of this
public body.
If you have any questions concerning this matter, please feel free to contact our office at 517-241-1934 or email MSP-
FOI@michigan.gov. You may also write to us at the address listed below and enclose a copy of this letter.
To review a copy of the Department's written public summary, procedures and guidelines, go to
www.michigan.gov/msp.
~.
LANCE GACK TETTER
Freedom of Information Unit
Michigan State Police
MICHIGAN STATE POLICE HEADQUARTERS. 7150 HARRIS DRIVE. DIMONDALE, MICHIGAN 48821
MAILING ADDRESS. P.O. BOX 30634 LANSING. MICHIGAN 48909
www.mlchlqan.qov/rnsp e 517-332-2521
EXHIBIT B Page 1 of 3
STATE OF MICHIGAN FREEDOM OF INFORMATION ACT
FEE CALCULATION FORM
File Number: CR-20044262 Requestor Name: MIKE LASUSA
Estimated Costs
Labor (Search, Locate, Examine)* Hourly Rate Hours Total
GENERAL OFFICE ASSISTANT $ 29.94/ hr 1 hrs $ 29.94
SECRETARY 9 $ 36.321 hr 2 hrs $ 72.64
SECRETARY 8 $ 34.02/ hr 1.25 hrs $ 42.53
Labor (Separate/Delete)* Hourly Rate Hours Total

ASST. FOIA COORDINATOR $ 28.53/ hr 34.50 hrs $ 984.29
Labor (Contractor)** Hourly Rate Hours Total
Nonpaper Physical Media Unit Cost Units Total

THUMB DRIVE $ 12.00/ un $ 12.00
Paper Copies Unit Cost Units Total

DOUBLE SIDED PAPER COPIES $ 0.05/ un 871 $ 43.55
Labor (Duplication)* Hourly Rate Hours Total

GENERAL OFFICE ASSISTANT $ 0.38/ hr 21.78 hrs $ 8.28
Indigent Waiver*** Total
Other Fees Unit Cost Units Total
Mailing Cost Total
MAILING $12.17 $ 12.17
Estimated Total: $ 1205.40

50% Deposit: $ 602.70
Applied Payments: $ 0.00
Total Deposit Due:**** $ 602.70
Part or all of the documents requested are available online at:
Cost to provide the online documents in paper form is $. . If you prefer to have these documents mailed,
please forward payment and a copy of this form to the Agency for processing. This will result in a new request.
Return a copy of this fee calculation with your payment to ensure proper credit. Make check or money order
payable to STATE OF MICHIGAN.
'Costs include hourly wage and an additional 50% to partially cover the cost of fringe benefits.
"Actual cost does not exceed 6x the state minimum hourly wage.
'''Must provide proof of indigence.
".. Once payment is receieved, the Department will process your request.
August 11, 2017
Michigan State Police, Freedom of Information Unit

c/o: Lance Gackstetter
PO Box 30634
Lansing, MI 48909
via email: MSP-FOI@michigan.gov; GackstetterL1@michigan.gov
Re: FOIA Request CR-20044262 - Anne Avery Miller

APPEAL OF REQUEST FOR FEE WAIVER AND OR REDUCTION
To Whom It May Concern:
I am writing with regard to the request I submitted under the Michigan Freedom
of Information Act (FOIA) on July 17, 2017 for records related to Anne Avery
Miller. This request has been assigned the reference number CR-20044262. This
letter constitutes an appeal for a fee waiver and/or reduction under section 10a
of the FOIA. See MCL 15.240a.
I originally requested that all fees be waived for this request, as is permitted
under the FOIA, because the disclosure of the records I am seeking is in the
public interest because searching for or furnishing copies of the public record
can be considered as primarily benefiting the general public.
The Avery Miller case was highly publicized at the time its major events took
place, no doubt due to the shocking nature of the narrative. A woman accused of
killing her own son hangs herself in jail while awaiting trial. Accusations swirl
about misfeasance and malfeasance on the part of police and prosecutors
involved in the case. A dark and mysterious, death-filled tale playing out in a part
of Michigan famed for its tranquility and natural beauty.
This request seeks to shed new light on this story, particularly the conduct of
public officials who were involved in the Avery Miller case. By releasing the
requested records, the Michigan State Police would be contributing to the main
stated objective of the FOIA: to ensure "that all persons . . . are entitled to full and
complete information regarding the affairs of government and the official acts of
those who represent them as public officials and public employees."
I am hereby requesting that the Michigan State Police waive all fees for this
request because disclosure of the requested records would serve the public
interest by shedding light on the official acts of public officials with regard to this
well-known and controversial murder/suicide case.
Furthermore, if this request for a complete fee waiver on public interest grounds
should be denied, I am hereby petitioning the Michigan State Police to
EXHIBIT C Page 1 of 2
"specifically identif[y] the nature" of why "the cost of search, examination,

review, and the deletion and separation of exempt from nonexempt
information ... would result in unreasonably high costs." The FOIA prohibits
public bodies from charging fees for the search and review process unless the
public body can "specifically identif[y] the nature" of why the search and review
process for the request would constitute an "unreasonably high" cost.
Once again, I believe that the public interest in favor of disclosing these
documents outweighs the costs to the State Police of making these documents
available to the public. Although I would prefer to avoid litigation related to this
matter, I believe strongly in open government and press freedom, and I am
willing to defend those ideals in court, if necessary.
Sincerely,
Mike LaSusa
EXHIBIT C Page 2 of 2
RICK SNYDER COL. KRISTE KIBBEY ETUE
GOVERNOR STATE OF MICHIGAN DIRECTOR
DEPARTMENT OF STATE POLICE

LANSING
August23,2017
Mr. Mike Lasusa

4335 East Timberwood Drive
Traverse City, Michigan 48686
Subject: Fee Appeal, CR-2004262, Miller, Anne Avery
Dear Mr. Lasusa:
The Michigan State Police (MSP) has received your appeal of the fee for the above referenced request
made under the provisions of the Michigan Freedom of Information Act (FOIA), MCL 15.231 et seq.
After review, your fee appeal is denied and the original fee estimate is upheld.
You have requested "all records produced or received by the Michigan State Police from 2005 to the
present mentioning Anne Avery-Miller, also known as Anne Avery Miller and Anne Therese Avery-Miller,
as well as those mentioning her son Sam Avery."
The records you requested are voluminous and must be reviewed by a trained staff member to determine
what, if any, material must be redacted prior to public disclosure. As noted in the fee estimate provided to
you, a copy of which is enclosed, we have estimated 34.5 hours of labor to separate and delete exempt
information. Requiring a single employee to dedicate almost a full work week of labor to a single FOIA
request poses an undue burden on the public body.
Under section 10(a) of the FOIA, the department is obligated to inform you that you may commence an
action in civil court to challenge the fees charged. If you prevail in such an action, the court may award
reasonable attorney fees, costs, and disbursements. Further, if the court finds the public body's actions
were arbitrary and capricious, you may receive punitive damages of $500.00.
To review a copy of the department's written public summary, procedures, and guidelines, go to
www.michigan.gov/msp.
~~~
Lori M. Hinkley
FOIA Appeals Officer
MICHIGAN STATE POLICE HEADQUARTERS. 7150 HARRIS DRIVE. DIMONDALE, MICHIGAN 48821
MAILING ADDRESS. P.O. BOX 30634 LANSING, MICHIGAN 48909
EXHIBIT D Page 1 of 1
www.rmcniqan.qov/rnsp e 517-332-2521
8/7/17
ACTIVE EMPLOYEES BY DEPARTMENT

pay period ending: 07/29/2017
STATE POLICE
Job Cd Desc Pay Grade Cd Active Employees

ACCOUNTANT 12 2
ACCOUNTANT MANAGER 14 2
ACCOUNTING SPECIALIST 13 2
ACCOUNTING TECHNICIAN 10 1
ACCOUNTING TECHNICIAN E9 1
AIRCRAFT MECHANIC 11 1
AIRCRAFT MECHANIC SUPERVISOR 12 1
AUDITOR 10 1
AUDITOR 12 1
BUYER 12 1
BUYER MANAGER 13 1
COMMUNICATIONS REPRESENTATIVE 10 1
COOK 7 2
COOK E6 1
DATA CODING OPERATOR 5 1
DATA CODING OPERATOR 6 2
DATA CODING OPERATOR E7 3
DEPARTMENTAL ANALYST 10 14
DEPARTMENTAL ANALYST P11 62
DEPARTMENTAL MANAGER 12 1
DEPARTMENTAL SPECIALIST 13 32
DEPARTMENTAL SPECIALIST 14 2
DEPARTMENTAL SUPERVISOR 12 1
DEPARTMENTAL TECHNICIAN 10 18
DEPARTMENTAL TECHNICIAN E9 42
DIETITIAN NUTRITIONIST MANAGER 12 1
DOMESTIC SERVICES AIDE 5 3
DOMESTIC SERVICES AIDE E6 3
Comment: These totals do not account for the seasonal fluctuations in employee counts that occur during the Fiscal Year.
This report includes Full-Time, Part Time, Permanent Intermittent, Limited Term, Seasonal, Unclassified, Non Career, Per Diem, SPS
Employees (including Working Patients), Workers Comp, and Employees on a Leave of Absence for the Primary Position only.
Source:
EXHIBIT E Page 1 of 4
Michigan Civil Service Commission MHR-0764 Page 1
8/7/17

STATE POLICE
ELECTRICIAN-MASTER LICENSED 11 1
EMERGENCY DISPATCHER 7 8
EMERGENCY DISPATCHER 9 11
EMERGENCY DISPATCHER E8 53
EMERGENCY DISPATCH SUPERVISOR 10 3
EMERGENCY DISPATCH SUPERVISOR 11 3
ENGINEERING SPECIALIST 13 1
EQUIPMENT TECHNICIAN 11 2
EXECUTIVE SECRETARY E10 21
FINANCIAL ANALYST 10 1
FINANCIAL ANALYST 12 3
FINANCIAL ANALYST P11 1
FINANCIAL MANAGER 14 2
FINANCIAL MANAGER 15 1
FINANCIAL SPECIALIST 13 3
FINANCIAL SPECIALIST 14 1
FINGERPRINT TECHNICIAN 10 4
FINGERPRINT TECHNICIAN 7 2
FINGERPRINT TECHNICIAN E9 1
FINGERPRINT TECHNICIAN SPV 11 1
FORENSIC SCIENTIST 10 17
FORENSIC SCIENTIST P11 7
FORENSIC TECHNICIAN 11 3
FORENSIC TECHNICIAN E10 12
GENERAL OFFICE ASSISTANT 5 1
GENERAL OFFICE ASSISTANT 6 3
GENERAL OFFICE ASSISTANT E7 8
GRAPHIC ARTS DESIGNER 12 1
HUMAN RESOURCES DEVELOPER 10 2
HUMAN RESOURCES DEVELOPER P11 2
HUMAN RESOURCES DEV SPL 13 2
HUMAN RESOURCES MANAGER 14 2
Source:
8/7/17

STATE POLICE
HUMAN RESOURCES SPECIALIST 13 1
INDUSTRIAL HYGIENE SPECIALIST 13 1
INFORMATION TECHNOLOGY MANAGER 15 1
INFORMATION TECHNOLOGY SPL 14 3
INFORMATION TEC PRG ALT P11 1
JANITORIAL SERVICES A 7
LABORER E6 1
MAINTENANCE MECHANIC E9 3
MEDIA PRODUCTION SPECIALIST P11 1
MOTOR CARRIER INVESTIGATOR 11 10
MOTOR CARRIER LIEUTENANT 14 9
MOTOR CARRIER OFFICER 9 12
MOTOR CARRIER OFFICER E10 96
MOTOR CARRIER SERGEANT 13 22
MOTOR CARRIER SPECIALIST SGT 13 4
OFFICE DIRECTOR 17 15
PHOTOGRAPHER 12 1
PHYSICAL PLANT SUPERVISOR 13 1
PLANNING ANALYST 12 2
PLANNING ANALYST 9 1
PLANNING ANALYST P11 3
PLANNING SPECIALIST 13 1
PROCUREMENT TECHNICIAN E9 1
PSYCHOLOGIST P11 2
PSYCHOLOGIST MANAGER 14 1
REFRIGERATION MEC E10 4
SECRETARY 7 3
SECRETARY 9 68
SECRETARY E8 28
SENIOR EXECUTIVE MAN AST 13 4
SENIOR EXECUTIVE SERVICE 15 3
SPECIAL APPOINTEE A 3
STATE ADMINISTRATIVE MANAGER 15 3
STATE ADMINISTRATIVE MANAGER 16 21
Source:
8/7/17

STATE POLICE
STATE ASSISTANT ADMINISTRATOR 15 2
STATE BUREAU ADMINISTRATOR 18 5
STATE POLICE AIRCRAFT PILOT 12 3
STATE POLICE CADET 4 9
STATE POLICE DETECTIVE 11 120
STATE POLICE DETECTIVE 12 186
STATE POLICE DETECTIVE LNT 14 46
STATE POLICE DIGITAL FOR ALT 12 6
STATE POLICE DIGITAL FOR ALT P11 4
STATE POLICE FIRST LIEUTENANT 15 74
STATE POLICE FOR TEC LDR 15 8
STATE POLICE LABORATORY DIR 15 9
STATE POLICE LABORATORY MGR 14 33
STATE POLICE LIEUTENANT 14 28
STATE POLICE SERGEANT 12 240
STATE POLICE SPECIALIST 11 6
STATE POLICE SPECIALIST 12 46
STATE POLICE SPECIALIST LNT 14 21
STATE POLICE TROOPER 10 303
STATE POLICE TROOPER E11 838
STATE PROPERTIES SEC OFR 7 1
STATE PROPERTIES SEC OFR 9 1
STATE PROPERTIES SEC OFR E8 12
STATE PROPERTIES SEC SPV 10 2
STOREKEEPER 7 1
STUDENT ASSISTANT A 8
VEHICLE SAFETY INSPECTOR E10 16
WORD PROCESSING ASSISTANT E7 3
DEPARTMENT TOTAL: 2,991
Source:
Michigan
REQUIRED SUPPLEMENTARY INFORMATION
BUDGETARY COMPARISON SCHEDULE

MAJOR GOVERNMENTAL FUNDS
FISCAL YEAR ENDED SEPTEMBER 30, 2016
(In Thousands)
GENERAL FUND
ORIGINAL FINAL VARIANCE WITH
BUDGET BUDGET ACTUAL FINAL BUDGET
Beginning Budgetary
Fund Balance - Restated $ 2,197,815 $ 2,197,815 $ 2,197,815 $ -
Resources (inflows):
General Purpose Revenues:
Taxes 9,478,900 9,508,383 9,508,383 -
Federal 30,000 18,827 18,827 -
Local 100 - - -
Licenses and permits 13,000 13,335 13,335 -
Services 8,000 6,693 6,693 -
Miscellaneous 123,100 269,494 269,494 -
Transfers in 188,500 216,559 216,559 -
Restricted Revenues:
Taxes 3,546,653 4,739,126 4,739,126 -
Federal 19,639,290 18,218,960 18,218,960 -
Local 165,490 209,509 209,509 -
Licenses and permits 409,725 329,571 329,571 -
Services 365,385 325,142 325,142 -
Miscellaneous 931,843 697,384 697,384 -
Bonds Issued - 81,786 81,786 -
Refunding Bonds Issued - 78 78 -
Premium on Bonds Issued - 18,352 18,352 -
Proceeds from sale of capital assets - 2,543 2,543 -
Transfers in 68,715 52,888 52,888 -
Total Revenue Inflows 34,968,701 34,708,629 34,708,629 -
Amounts Available for Appropriation 37,166,516 36,906,444 36,906,444 -
Charges to Appropriations (outflows):

Legislative Branch 175,518 162,831 162,217 614
Judicial Branch 286,224 257,206 256,118 1,088
Executive Branch:
Agriculture and Rural Development 86,857 77,420 77,160 260
Attorney General 95,588 86,891 86,800 91
Civil Rights 16,129 15,289 14,630 659
Colleges and Universities Grants 1,457,968 1,457,786 1,455,863 1,923
Community Health 19,533,596 18,768,491 18,628,590 139,901
Corrections 1,959,627 1,962,258 1,953,221 9,037
Education 360,562 328,200 326,415 1,785
Environmental Quality 502,249 334,326 328,307 6,019
Executive Office 5,531 5,531 5,236 295
Human Services 5,472,560 5,048,461 5,036,528 11,933
Insurance and Financial Services 65,058 59,020 58,870 150
Licensing and Regulatory Affairs 367,432 324,280 297,313 26,967
Military and Veterans Affairs 163,262 162,575 161,839 736
Natural Resources 142,217 102,384 102,229 155
State 234,580 223,564 222,079 1,485
State Police 627,498 605,763 605,414 349
Talent and Economic Development 613,267 249,418 249,336 81
Technology, Management and Budget 773,418 922,523 915,246 7,277
Transportation 485,052 394,564 394,564 -
Treasury 1,914,381 3,841,201 3,784,414 56,787
Intrafund expenditure reimbursements - (559,798) (559,798) -
Total Charges to Appropriations 35,338,573 34,830,183 34,562,591 267,591
Reconciling Items:
Change in noncurrent assets - 46,123 46,123 -
Net Reconciling Items - 46,123 46,123 -
Ending Budgetary
EXHIBIT F Page 1 of 1
Fund Balance $ 1,827,943 $ 2,122,385 $ 2,389,976 $ 267,591
136

Complaint Michigan State Police

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Complaint Michigan State Police

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Original - Court 2nd copy - Plaintiff

Approved, SCAO 1st copy - Defendant 3rd copy - Return

STATE OF MICHIGAN CASE NO.

Michael V. LaSusa . ",.~ v Michigan State Police

Plaintiff's attorney, bar no., address, and telephone no.

General Civil Cases

I Docket no. I Judge Bar no.

o OFFICER CERTIFICATE OR oAFFIDAVIT OF PROCESS SERVER

o I served personally a copy of the summons and complaint,

------------------------------------ on the defendant(s):

Defendant's name Complete address(es) of service Day, date, time

Notary public, State of Michigan, County of r==============-.

MICHIGAN STATE POLICE,

Lawrence R. LaSusa - P41558

There is no other pending or resolved civil action arising out

Complaint against Defendant MICHIGAN STATE POLICE, as follows:

NATURE OF THE CASE

opportunity to review all of the pertinent information concerning this case.

sitting in Grand Traverse County, indicted her.

of suicidal behavior prior to the hanging.

JURISDICTION AND PARTIES

Information Act (FOIA), Act 442 of 1976, MCL 15.231, et seq.

2. Plaintiff resides in Grand Traverse County, Michigan.

3. Defendant is a State of Michigan agency subject to the FOIA.

5. Plaintiff is an independent investigative journalist, author and researcher. His work on

clearly be in the public interest. Exhibit A, attached hereto.

8. On August 8, 2017, Defendant responded to the request stating Defendant estimates a

deposit of the estimated processing fee. Exhibit B, attached hereto.

9. MCL 15.234 (3) provides that:

request would constitute an unreasonably high cost. Exhibit C, attached hereto.

undue burden on the public body. Exhibit D, attached hereto.

2,991 active employees. Exhibit E, attached hereto.

13. 2,991 active employees working 40 hrs./week x 50 weeks/year = 5,982,000 annual

active employee hrs./year. 34.5 hours = 0.0000057673 of Defendants annual active

$605,414,000. Defendants estimated expense of $1205.40 to respond to Plaintiffs

FOIA request represents 0.000002 of its budget. Exhibit F, attached hereto.

COUNT I - VIOLATION OF FOIA

15. Plaintiff incorporates fully by reference paragraphs 1 - 14 above.

record can be considered as primarily benefiting the general public.

unreasonably high costs to the public body.

18. Defendants actions are arbitrary and capricious.

Plaintiffs FOIA request at no charge to Plaintiff;

B. Order Defendant to preserve any information or documents in Plaintiffs FOIA request

F. Grant Plaintiff an award of damages, including punitive damages, pursuant to MCL

Dated: September 21, 2017 By: ___________________________________

Mike LaSusa 4335 East Timberwood Drive

July 17, 2017

Michigan State Police, Freedom of Informa=on Unit

via email: MSP-FOI@michigan.gov

Re: FOIA Request - Anne Avery Miller

To Whom It May Concern:

Subject: CR-20044262; MILLER, ANNE AVERY

Dear MIKE LASUSA:

File Number: CR-20044262 Requestor Name: MIKE LASUSA

Labor (Separate/Delete)* Hourly Rate Hours Total

Labor (Contractor)** Hourly Rate Hours Total

Nonpaper Physical Media Unit Cost Units Total

Paper Copies Unit Cost Units Total

Labor (Duplication)* Hourly Rate Hours Total

Indigent Waiver*** Total

Other Fees Unit Cost Units Total

Mailing Cost Total

MAILING $12.17 $ 12.17

Estimated Total: $ 1205.40