Patterson v. Beverwyk

922 N.W.2d 904
CourtMichigan Court of Appeals
DecidedAugust 10, 2017
DocketDocket No. 333301.
StatusPublished
Cited by8 cases

This text of 922 N.W.2d 904 (Patterson v. Beverwyk) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Patterson v. Beverwyk, 922 N.W.2d 904 (Mich. Ct. App. 2017).

Opinion

Murphy, J.

Petitioners, Joe Patterson and Woodward, Inc., appeal as of right the trial court's order terminating their personal protection order (PPO) against respondent, Michael Lee Beverwyk, following an evidentiary hearing on respondent's motion to terminate the PPO. The PPO had been issued following an ex parte hearing under MCL 600.2950a, which, upon petition by "an individual," authorizes entry of a PPO to restrain or enjoin another individual from engaging in conduct prohibited in the Michigan Penal Code under MCL 750.411h (stalking), MCL 750.411i (aggravated stalking), or MCL 750.411s (online stalking) (collectively, the stalking statutes).

*9061 These three criminal statutes all refer to conduct directed at an "individual" or a "victim," statutorily defining the term "victim" as encompassing an "individual." MCL 750.411h(1)(c) through (f) ; MCL 750.411i(1)(c) through (g) ; MCL 750.411s(1), (2), (7), and (8)(k). The trial court ruled that respondent had not engaged in stalking with respect to Patterson and that Woodward, a corporation involved in aerospace and industrial markets with a facility in Zeeland, could not be a "victim" and is not an "individual" under the statutes, effectively determining that Woodward lacked standing to obtain a PPO under MCL 600.2950a. The trial court found that the PPO had been improvidently granted. On appeal, petitioners argue that MCL 600.2950a permits a corporation to seek and to obtain a PPO, that Patterson was a stalking victim, necessitating continuance of the PPO, and that, even if not a victim, Patterson could request the issuance of a PPO to protect others working in the Woodward plant. We hold that Woodward lacked standing to seek a PPO under MCL 600.2950a because the statute requires a petitioner to be a human being and does not generally allow for the filing of PPO petitions by someone other than the stalking victim himself or herself, unless the nonvictim is filing the petition in a legally recognized representative capacity. We further hold that Patterson could not seek a PPO on behalf of others at Woodward who had not themselves filed a petition for a PPO. The trial court, however, clearly erred by finding that Patterson was not a stalking victim and abused its discretion by failing to continue the PPO as to Patterson. Accordingly, we affirm in part and reverse and remand in part.

I. BACKGROUND

On April 29, 2016, petitioners filed a petition for a PPO against respondent, alleging that he was stalking petitioners, as the term "stalking" is defined in MCL 750.411h(1)(d) and MCL 750.411i(1)(e), and requesting the issuance of an ex parte PPO. An affidavit executed by Patterson was attached to the petition. He averred that he was the vice president and general manager of Woodward, and in a section of the affidavit titled "Summary of Allegations," he asserted the following:

4. [Respondent] is involved in a years-long attempt to harass and intimidate Woodward and its members [employees], apparently as revenge for his firing three (3) years ago. His behavior has recently escalated from a harassing letter-writing campaign to physically stalking our facility in a threatening manner. [Respondent] has, on at least (8) occasions this year, come to the Woodward facility on Centennial Street in Zeeland. He has parked nearby and watched the facility for some unknown purpose, or else circled the facility with his car. [Respondent's] current behavior, in light of his troubled past, is greatly concerning to us.
5. [Respondent's] stalking is either intended to harass or is being undertaken as part of a plan to do further harm to Woodward. Either he wants us to know that we are being stalked, and to be cowed and intimidated by it, or else he does not intend us to know, because he is planning to further victimize our members and he is stalking his intended victims (whoever they may be). Either way, he is a threat to the entire Woodward team.
*9076. Of particular concern is the obsessive nature of [respondent's] conduct. He has spent the better of three years sending emails and materials to numerous Woodward members and senior leaders, most of whom played no role in his departure from Woodward. When hoped-for responses were not provided, his behavior escalated and he began stalking our facility. Even after warnings from the police, he cannot or will not stop stalking us. No reasonable person would pursue this course of conduct, which seems certain to end with [respondent] in jail.
7. There is a pall of fear and trepidation spreading over the entire facility. I am aware of multiple members inquiring whether they are still safe at work. Some have asked to be escorted to their cars at night. At least one has purchased a gun to use for protection against [respondent]. I expect such reactions so long as [respondent] continues to stalk our facility.

The affidavit proceeded to set forth averments concerning alleged acts of bullying and harassment, nonsexual in nature, committed by respondent against Woodward employees during respondent's employment with Woodward, which conduct was especially egregious in regard to one particular female co-worker, and which conduct eventually led to respondent's termination. Patterson's affidavit next contained averments providing specific details about respondent's posttermination letters, his alleged stalking activities, and the fear and anxiety suffered by employees as a result of respondent's conduct. In support, Patterson attached a letter from the aforementioned female employee detailing respondent's menacing conduct during his employment, including acts of stalking directed at her, and an intercompany e-mail indicating that respondent, while employed by Woodward, had posted news articles on a bulletin board in the facility regarding men who had been accused of murdering or abusing a girlfriend or wife. Patterson additionally attached troubling letters from respondent to Woodward's manager of human resources, who had recommended his firing;2 an e-mail to Woodward's chairman of the board regarding respondent's termination;3 and some "anonymous" handwritten letters denigrating the female employee whom respondent had harassed.

On April 29, 2016, the date the PPO petition was filed, the trial court entered an ex parte PPO against respondent, precluding him from stalking petitioners and otherwise appearing at the Woodward facility. On May 3, 2016, respondent, acting in propria persona , filed a motion to terminate the PPO. Respondent attached a document in which he declared that several of the averments in Patterson's affidavit were "not true" or constituted exaggerations. He also stated that he did not know Patterson either professionally or personally. On May 11, 2016, petitioners filed a response to respondent's motion to terminate the PPO, arguing that there was ample evidence to support the PPO, that respondent failed to establish that the PPO was unreasonable or lacked justification, that respondent effectively admitted many of Patterson's affidavit averments by not specifically responding to them, and that respondent's denials were not credible.

*908On May 13, 2016, an evidentiary hearing was conducted on respondent's motion to terminate the PPO.

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Bluebook (online)
922 N.W.2d 904, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patterson-v-beverwyk-michctapp-2017.