No. 21-5

Solomon Adu-Beniako v. Michigan Department of Licensing and Regulatory Affairs

Lower Court: Michigan
Docketed: 2021-07-06
Status: Denied
Type: Paid
Response Waived
Tags: administrative-law cdc-guidelines civil-rights constitutional-rights defamation due-process expert-testimony government-liability judicial-review standing substantial-evidence
Key Terms:
AdministrativeLaw ERISA DueProcess FourthAmendment
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Does the Respondent's unfairly tasking, and blaming the Petitioner for the DOJ/DEA responsibility violate the Petitioner's Constitutional rights?

Question Presented (from Petition)

question presented is: Does the Respondent's unfairly tasking, and blaming the Petitioner for the DOJ/DEA responsibility violate the Petitioner’s Constitutional rights ? @ ii Second Question. On January 22nd 2018, based on uncorroborated MAPS and wild lies, the State of Michigan suspended the Plaintiff’s controlled license. Speculation based on uncorroborated MAPS reports is not credible,” citing Michigan Aero Club v. Shelly, 283 Mich 401; 278 NW 121 (1938), The second presented is : | Whether the Respondent usage of uncarroborated MAP violate the Due pracess clause ? | Third Question. The medical-malpractice expert-testimony statute, MCL 600.2169, states that an expert witness | @ must be licensed and, “if [the defendant] is a specialist who is board certified, the expert , witness must be a specialist who is board certified in that same specialty." MCL 600.2169(1)(a). The Petitioner is Board certified in Addiction Medicine. The Respondent’s expert witness, Dr. | David Nicolaou is board certified in Emergency Medicine. The Respondent ‘s second expert witness , Ms. Janice Waldmiller is only a Registered Pharmacy. The Petitioner objected to the two offering any testimony. The respondent acting as the prosecutor and the judge disregarded the Petitioner’s objection. Both expert witnesses had no knowledge, to low quality | knowledge in chronic diseases and out patient settings, and drew inferences before knowing all the facts. The Third question presented is : Whether the Respondent expert testimony was in violation of Due Process? Fourth Question. | | @ iti : | | r The authors of the CDC guidelines Dr. Deborah Dowell, Dr. Tamara Haegerich and Dr, Roger | Chou specificatly stated that the CDC guidelines are only clinical recommendations, they are , NOT laws, rules or regulations . They do not have the effect of law. | | The Plaintiff's own guidelines were more stringent than the CDC guidelines. see CDC, | Guideline for Prescribing Opioids for Chronic Pain (Mar. 18, 2016). | The Michigan Court of Appeals ruled that the Petition violated the CDC guidelines | The Fourth question presented is : | | Whether CDC guidelines have effect of law? Fifth Question. r The court "may not find substantial evidence ‘merely on the basis of evidence which in and of itself justified [the agency's decision], without taking into account contradictory evidence or evidence from which conflicting inferences could be drawn." Lakeland Bus Lines, Inc. v. NLRB, 347 F.3d 955, 962 (D.C. Cir. 2003) (quoting Universal Camera Corp. v. NLRB, 340 U.S. 474, 487, 71 S.Ct. 456, 95 L.Ed. 456 (1951)). And, while the agency is the ultimate factfinder, the Plaintiff's evidence and testimony are part of the record, and the record must be considered as a whole in order to see whether the result is supported by substantial evidence. | The Fifth question presented is: | Whether it is proper for the Court to set aside a judgment if the whole record on file is not reviewed? | | Sixth Question. , @ The Petitioner was a respected professional in the community and has spent his life building a positive reputation. Nevertheless, he uncovered that the Respondent has been maliciously spreading inaccurate and unfounded information that is damaging to his personal and professional character. The aforesaid defamatory statement has harmed Petitioner reputation; such a statement has a tendency to injure and has injured the Petitioner in his occupation, his future business and employment prospects have been seve

Docket Entries

2021-10-04
Petition DENIED.
2021-08-25
Waiver of right of respondent Michigan Department of Licensing & Regulatory Affairs to respond filed.
2021-08-18
DISTRIBUTED for Conference of 9/27/2021.
2021-07-01
Petition for a writ of certiorari filed. (Response due August 5, 2021)

Attorneys

Michigan Department of Licensing & Regulatory Affairs
Fadwa A. HammoudMichigan Department of Attorney General, Respondent
Fadwa A. HammoudMichigan Department of Attorney General, Respondent
Solomon Adu-Beniako
Solomon Adu-Beniako — Petitioner
Solomon Adu-Beniako — Petitioner